Is this letter ok?

[farquarpigmix]

Not very good at writing letters, even copying them. Could you let me know if this is ok to send.

 

Thanking you in advance.

 

Farquarpigmix

 

 

I now understand that the regime of “fees” which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £444.00 for unpaid direct debits over a 4 year period. ( January 2002 to Feburary 2006. )

 

I require repayment in full of this money and If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

[BankFodder]

Yes it's fine - but have oyu made any preliminary approiach to them and of course are you prepared to go to court if you happen to be the one they decide to defend against?

[farquarpigmix]

Hi,

 

I haven't made any approach to them. Yes prepared to go to court. Knowing my luck I will be the one they defend against.

 

Thanks for reply.

 

Farquarpigmix.

 

ps, how much would it cost to go to court?

[BankFodder]

You need to phone the court for the exact amount but I think that for your clim value it will be about £60. Also an allocation fee.

Ask the court. They'll tell you very quickly

[farquarpigmix]

HI Fodder,

 

Thanks for reply. Well letter was posted today. Lets see what happens. Chickens have not been counted & I am not expecting the halifax to roll over.

 

Regards

 

Farquarpigmix

[farquarpigmix]

Received a reply from local branch today.

 

Charges Complaint

 

I am writing to acknowledge receipt of your complaint. You will find enclosed a copy of our leaflet, which tells you how we will handle your complaint.

 

Your concerns will be dealt with as quickly as possible, but if you need to speak to me in the meantime, please telephone on 08457 394959.

 

Yours Sincerely

 

John O'Keeffe

Branch Manager

 

I have given them 14 days so the clock is ticking.

 

The leaflet basically says we aim to resolve your concerns in 24 hours. Sometimes may take longer if this happens we will let you know within 5 working days.

 

There may be occasions when it needs a specialist area to be involved. Gives customer relations phone number or write to trinity road halifax.

 

In the meantime I am looking to open up another bank account just in case.

 

Regards

 

Farquarpigmix

[farquarpigmix]

Hi All,

 

Received a letter form the halifax today. They have offered me £60 as a gesture of goodwill. If I occur any more charges they could close my account. Unable to show you letter as I have no scanner etc.

 

Am thinking my next step is online county court.

 

Keep up the good work.

 

Farquarpigmix.

[farquarpigmix]

Hi All,

 

Received call of bank yesterday, offer is now 180.00 pound. I told the banker no deal. 14 days to go then court.

 

Regards

 

Farquarpigmix

[farquarpigmix]

Ref: If the bank offers anything less than the full amount taken from you BEFORE you start legal proceedings then I would accept and then make them aware that you will pursue the rest in court.

 

Hi Dave,

 

Bank sent letter to offer £180.00 (6 months worth of charges) in full and final settlement of your complaint. I will reiterate that future valid charges will stand and we reserve the right to close your account if you do not manage it correctly.

 

If I accept this then I will not be able to pursue the rest in court? or am I reading it wrong?

 

All advice greatly appreciated.

 

Farquarpigmix

[jonni2bad]

Since their offer is for a "full and final settlement" then the only thing to decide is if you want to accept it or not.

 

Presuming that you don't, you should just proceed with the next stage of action.

 

If their offer letter had simply stated ' an offer' of payment, then you could have decided to acccept it as part payment whilst you persue the remainder.

[farquarpigmix]

Deadline for payment run out yesterday.

 

Ref: Data Protection Act 1998

subject access request

 

Did I have to send of for this? Now I need to find the on-line court proceedure to follow. Also not having much luck finding buddies in your area.

 

Regards

[farquarpigmix]

Hi All,

 

Just paid money for online county court against halifax. Trying to pm dave to show claim number could anyone point me in right direction please.

 

Regards

 

Farquarpigmix

[sean frampton]

Anywhere that you see Dave or BF name under a post,just click on it and it will come up so that you can pm them.Try litigation.

[farquarpigmix]

Hi Sean,

 

Done that on thursday/Friday, still no name on ongoing claims. Must be doing something wrong.

 

Thanks

 

farquarpigmix

[colour-me-happy]

Also not having much luck finding buddies in your area.

 

Regards

 

Where about are you? Have you found anyone yet?

[farquarpigmix]

Hi,

 

I meant to say find the buddies in my area link. Sorry about that. Still looking. I am in the North east TS1 postcode area.

 

Regards

 

Farquarpigmix.

 

ps, claim put in for £494.00 includes court fees etc. Issued 12/05/2006

[farquarpigmix]

Halifax have now acknowledged the claim on the 17/05/06 and have 28 days to reply.

 

Farquarpigmix

[Lorraine]

Halifax acknowledged mine today. So now we both have to wait.

Hope you have found someone (buddy) in your area. Sorry - not my area. Have registered though. Will look up because I think i will need one - Lloyds ends in 11 days - Bank Hol though!!!. Be interested to see how far Lloyds will go.

 

Halifax fairly good in sorting out before court!! so I am told - by the good fairies!!!

 

Good luck with the buddy.

 

Lorraine

[farquarpigmix]

Hi Lorraine,

 

Could you point me in the right direction for the buddy registration link. Just cannot find it all.

 

Regards

 

Farquarpigmix

[Michael Browne]

Click on the changing banner headline, top of the home page or follow this link

http://www.consumeractiongroup.co.uk/buddy.php

[farquarpigmix]

Hi Michael,

 

Thanks for that. Under my nose all the time.

 

Regards

 

Farquarpigmix

[farquarpigmix]

The bank charges were mentioned again. Had people emailing in etc. Also had a bloke on from which magazine. Couldn't remember this site being mentioned? did anyone else see the programme this morning?

 

Didn't know where else to put this message.

 

Regards

 

Farquarpigmix

 

ps, looks like its being repeated throughout the day.

[farquarpigmix]

Morning Everybody,

 

Just checked my account and the money has been paid in. £494.00 Better get down quick and draw it out. lol, Have to say I am quite shocked.

 

Big thanks to the people of this site. A donation will be paid before the end of play no doubt about that.

 

Over the moon,

 

Farquarpigmix

 

ps, Donation now paid.

[colour-me-happy]

Well done you!!

[Michael Browne]

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

Welcome.

 

Yes, send the DPA request + fee

 

Before you start please have a thorough read of the FAQs (there's a Step by Step guide here too). You may want to print these out to refer to later

 

Then look at other threads in your bank's forum, so as you know what you can expect to happen

 

You need to spend 2 or 3 days gradually getting your head round everything.

 

There's a lot to take in, but it's time well spent and will ensure that you succeed in your claim without problems

 

This is a self-help forum and you must be prepared to put in time and effort. It is your claim, your money and you cannot expect others to do all the work for you.

 

When you feel confident that you understand the process and the various stages involved, start a new thread in your bank's forum and post your progress and any questions there and you'll get plenty of help

 

Good luck