Shaokahn vs Halifax

[shaokahn]

Hello all,very pleased to join you

First of all I need your advice

Our joint account has been closed by the Halifax and they are demanding the £1600 back that was overdrawn when the account closed.The £1600 consists of excessive charges and general use.

They have passed the account over to the recovery side after sending a default notice.I have the means to pay them off in full next month and have spoken to them over the phone and agreed to do this to get them off my back until the money becomes available.

My question is:-

should I pay them and then request the statements and start the ball rolling to recover what they have taken in charges etc

or

do I hold onto the money and send letters detailing my intentions

Your advise is much needed and appreciated

many thanks

Shaokahn

[maroondevo52]

Hi, Shaokahn,

 

I had an account with Capital One which defaulted about four years ago, I was due them £1,400.00. I did'nt have the money to pay it back. My account was sold to a debt recovery company who chased me for the money. A couple of months ago I started the process of getting my charges back from the same account and a couple of weeks ago was paid £1,111.94. The debt recovery company are getting the £1,111.94 from Capital One and I have arranged to pay the remainder.It's up to you how you proceed,but if the default has already been issued I don't think it will make any difference if you hold on to your cash and start the process of getting your charges back, and pay them with that.

 

Regards.

 

Scott.

[pict]

Shaokahn,

I was in the exact same position as yourself. I felt it was better first to get the banks off my back and then start to fight to get my money back.

I'm not saying that this is the right way to go about it but this is the way I went about it. I'm sure you will get a load of different views but the important thing is to start the process of reclaiming your charges.

Good Luck.....

[shaokahn]

thanks for the reply

I think the best way forward is to get them off my back and pay them in full next month.

I'm going to set the ball rolling now,and send them my SAR,that way I'm not going to be out of pocket long.

Many thanks for the advice

Shaokahn

[shaokahn]

Boy they are slow!

They have until the 2nd of April before the 40 days are up and still no statements.

Didn't take them as long to cash the cheque I sent them though,must be kind of busy dealing with everyone else too.

Shaokahn

[sea-sidelady]

They are dragging it out, but maybe a call to see where they are might hurry them up a bit.

But they are taking the longest time now to send them. Its their way of stamping their feet i recon...

[shaokahn]

I've had the statements from when I opened the account back in 1998 and have worked out the charges.

I've decided to go with Scotts (Maroondevo52) advice and hold onto my money,I contacted Customer Relations by phone and have logged my complaint to which I've been advised it could take up to 8 weeks.( not that bothered about that now now I'm back in the black))

I've also been told the account is not closed but frozen until it's brought back into credit,so the only way that is going to happen is when they pay my money into it they owe me.Just goes to show having a second bank account with another bank is the way forward.

Although my statements go back to 1998 i have been told that they would only go back 6 years from today.

Going to be an interesting one.Got LBA ready but decided as I owed them money it was easier to talk to someone.

Also got Halifax Debt Collectors Blair, Oliver Scott Limited wanting the money and I've phoned them and informed them of my intentions to claim the money back and they are fine about that so they say, and have asked me to keep them up todate with events.

Do you think sending an LBA as well is a good idea to jog them along.

0121 234 1068 is the number I called

Shaokahn

[shaokahn]

Due to work commitments I decided to allow the Halifax to set their own pace as I would not have had time to respond to them whilst working away from home.

I registered my complaint over the phone with the Customer Relations Dept who sent me a letter the next day saying they would look into the matter,and then had a second letter saying that they would inform me of their decision by mid June.

I now have that letter and it's a "sorry you are unhappy" letter, and then goes on to say they are satisfied the charges have been correctly applied to the account.

Now that I'm home I can now spend time sorting this out and as such need your advise and direction which way to go from here.

As yet I have sent no paper work to them other than requesting the statements.

I have a total amount I'm claiming for worked out and this was mentioned to them during the phone call, and they must be well aware of what I'm claiming as they have sent me the "sorry blah blah " letter.

Many thanks

Shaokahn

[shaokahn]

LBA was sent and now just gone pass 14 day deadline.

Contacted them on phone to try and get money but as expected no joy,they are going to re-evaluate my claim.

So it's fill N1 in time

My question is how do I put the fact that I owe £1600 to them and they have £5000+ charges to return to me on the form.

Do I claim for the difference of £3400 and what of the cost of the court charges, will it be £250 because of my original claim is over £5000 or £120 because it is under if I take away the £1600

Your advise and help with the form is needed please

thanks

Shaokahn

[sea-sidelady]

You should now proceed with your N1.

Any help you need just ask.

 

You dont need to mention the money you owe them.

When you win, they will get paid from it.

You claim now for everything. The charges, the interest, the court fees, it is all on the N1 for you to fill in.

 

Do you have the forms?

[shaokahn]

Thanks for your advise SSL

"Do you have the forms?"

Not yet, I have the option of filling them in online and printing them off I believe, or I could nip over to the court and pick them up.Which is the best way of doing it?

I take it is £250 in costs as it is over £5000 then.

thanks

Shaokahn

[sea-sidelady]

Here are the forms you need

 

N1

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

Poc

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

If you are on benefits you could be exempt.

 

Here are the court fees

County Court Fees

[shaokahn]

Well,well,well!

Got a letter from Halifax offering half of what I am recovering, and if I'm not happy,I was to ring them, so I did.

Done a deal with them, been offered all money back that I was claiming, plus money I owd them sorted. Maybe this was because the man saw reason and knew that they would have to pay out over £1100 in interest plus court fees.

I did offer them the choice!

Sending me letter in post to confirm offer and will be in account with the next 14 days.

The N1 is still here in front of me filled in but I've been unable to submit it due to work stopping me getting to the court.

You know what they say,it's good to talk, so do it, what have you got to loose

Shaokahn :D

[moneyhelp]

Well done!

 

Don't for get the survey and maybe a donation

[shaokahn]

As part of the original request for the money back I requested in my letter the default againt me be removed from my credit file.

To date this has not been done.

I sent them a letter advising them that they still had to do this as per my original request, and they replied in a second letter the following.

 

"With regards to the refund of the bank charges, Halifax was not legally obliged to refund the charges, however did so as a gesture of goodwill. We do not agree that the charges aplied to your account were unlawful.

Halifax has a responsibility to advise the Credit Reference Agencies of account conduct. Unfortunately I cannot adhere to your request to remove the default as your credit file must show a true reflection of how your Halifax account has been run."

 

It then goes on to say I need to contact the Financial Ombudsman Service if I'm still unhappy.

So what now, is that it, do I stand defeated?

Anyone able to offer advise on this one.

Thanks in advance

Shaokahn

[maroondevo52]

Hi, Shaokahn.

 

Firstly, congratulations on getting your cash.

 

I think most people who have managed to get a default removed at the same time as their charges back, are those who have taken their claim to court.

 

I'm not sure what your next move, if any should be. I'll have a scout about and get back to you asap.

 

Do you have anything in writing from the Bank substantiating your default removal ? (or is that a stupid question)

 

Regards.

 

Scott.

[shaokahn]

Thanks Scott

The only thing I've had is a few letters and part of what they sent me is quoted above. Getting the money back was so easy it was unreal, and finalised on the phone, I mentioned the defaut removal at the time, and although they said would look into it, it never happened.

The money was paid into the now closed account, minus what they said I owed.

I removed the money and they promptly closed the account, my credit file says that the default has been settled.

I spent quite a while last night looking over relevent threads on the site and I don't hold out much hope now of getting it removed

Maybe I could be wrong though.

Many thanks

Shaokahn

[maroondevo52]

I have a claim at the moment with FOS against HBOS which includes Default Removal.

 

FOS said once I have exhausted the Banks complaints procedure, and the defaults still there I should get back in touch with them and they will see what they can do.

 

Not sure how that one will pan out, I'll keep you informed.

 

Regards.

 

Scott.