Now it's my turn!!!

[Makthedon]

Hello all,

 

I posted the template to the Halifax asking for all details of charges form the past six years on the 21st April. The cheque for ten pounds was cashed on the 10th May. I assume I will be receiving my statemennts shortly.

 

The account in question has been closed for a good six months, and we owe some money on a credit card and loan which is being paid off slowly but at a rate we can afford. All accounts with the Halifax have been closed, could they just offset any refund against the money we owe them, or do we directly recieve any justified refunds?

 

Thanks for any help, or if anyone is in the same situation what happened with you.

 

If any refund is forthcoming, I think it is definitely a good idea to donate a portion to this wonderful site.

[essjaydee]

i dont think they could use the refunded money to pay the money back you owe... the refunded money at the end of the day is your property not theirs. otherwise in effect its the same as them stealing the money from you - which they pretty much do anyway with all the charges!

 

good luck!

[jonni2bad]

In the case of a closed account, I can't see how they could do that, they should just make a cheque payable for the whole amount. It would then be up to you to resolve the amounts owed on these accounts / cards.

 

That doesn't mean they wouldn't try....

[Don Quioxte]

there would be no precedent or authority for Halifax to credit either of your remaining accounts with monies refunded relating to a closed account. They would not have your authority to do so. It is likely that you will receive a cheque as payment.

 

That is not to say that they may "offer" to offset. But they would require your authority/agreement.

[Makthedon]

Thanks for all your replies, I've been away for a few days so apologies for the delay in responding.

 

I returned to find statements dating back five years, I've run through them and totalled up all the charges, the magic figure...... £1403.

On to step 2!!!

[Makthedon]

Just a quick one, I don't know if anyone can help. The halifax closed my account when I stopped using it when it was £234 overdrawn, all brought about by charges. I suppose it's obvious, but I can't include these charges when I claim back what is owed because I never actually paid them, right?????

[jonni2bad]

Yes, you need to include all the charges, and then effectively 'pay them back' once you get the refund.

 

I'm in the same position.

 

By the way, have your credit files been affected by this debt?

[Makthedon]

Hi Jonni,

 

my credit file has been affected through these charges, as I didn't always have enough in the bank to pay credit cards etc, which also incurred late payment charges. It turned into one big vicious circle.

 

Big day for you tomorrow,Court action commences??

Good Luck!!!

[Makthedon]

Well, sent the 2nd letter off this morning asking for it all back. Went for the full £1403 in the end. Hopefully this won't give them excuses not to pay at all.

 

Fingers crossed!!

 

They don't have any phone details for me any more so at least things will be done within the comfort of an envelope. Much less chance of confusing me when it's in writing:|

[Makthedon]

Since I last posted I have received another set of statements (probably got my tenners worth in postage there!!), the standard 'we'll get back to you in 4 weeks' letter and then today I received an offer of £278 in full and final settlement. I was ready to write my letter stating that I am working to my own timescale and they should comply within my 14 day deadline before my LBA. This offer of settlement has given the old confidence a lift and I can now tie in the refusal of their offer in with the working to my timescale letter.

 

Should I accept their offer but remind them that I will be seeking recovery of the full amount?

 

This looks to be moving in the right direction and my missus is even starting to believe now!!!

[jonni2bad]

You can certainly accept on that basis, but it's also very likely that they will withdraw it. If you are at the dtage of another letter anyway, just add it into that.

[Makthedon]

Thanks for the reply jonni.

[Makthedon]

It would be much appreciated if someone more knowledgable than myself could scan through this letter and let me know if it is okay? Thanks in advance.

 

 

Dear Sir/Madam,

Thank you for your letters; dated 24th & 26th May 2006, in response to my letter, dated 20th May 2006. I would like to refer back to my letter dating back to the 20th where I outlined the timescales I would be working to, I have allowed 14 days from the date of that letter for you to issue a refund of £1403 in full and final payment in respect of the unlawful charges levied against me in the five years I held this account.

On 26th May you made me a full and final offer of £278.00. Unfortunately I find your offer totally unacceptable as full and final settlement.

I require repayment in full of this money. If you do not comply fully within 14 days of my letter dated the 20th May 2006 then I shall issue you with a letter before action giving you a further 14 days to comply, before starting a claim against you for the full amount plus interest plus my costs and without further notice.

I hope that we can conclude this matter swiftly.

Yours Faithfully,

[vix2000]

I agree with Jonni. I wouldn't even bother. I got the same letter offering £83.00. Not worth the ink and paper replying. Just sent the LBA within my timescale, and now have done the moneyclaim online.

[Makthedon]

So don't bother turning it down or outlining the timescale?

[vix2000]

if your letter was dated 20th and you gave them 14 days your LBA is due next saturday anyway. As Jonni says, just add a paragraph at the beginning declining their KIND offer!!!! If you have no intention of accepting an offer they'll let it go all the way anyway.

 

My claim is only for £450 and I got an offer of £83. I declined this on my LBA and they didn't even reply. I have been a customer for 30 years and have a mortgage and loan with them all fully paid up and always been a compliant customer coughing up charges on the odd occasion (£450 in 6 years) and they have still held out until I made the moneyclaim online.

[jonni2bad]

You can certainly write that letter - it would show a court that you had attempted to resolve the matter at all stages.

 

If you prefer, wait until the date for sending the LBA and include a note in that, as above, stating that their last offer is not acceptable as F&F but you will take it and claim the rest if they agree.

 

Which they won't.

[Makthedon]

Thanks for your replies Vix and Jon, I think I will send the letter.

 

Can I claim back any postage costs that I incur during this process?

[Makthedon]

Just an update on my progress....

 

 

I haven't managed to send the refusal of offer letter as I got called away for work. Nevermind, I think such a derisory offer deserves to be ignored on reflection:D .

 

As Vix pointed out, the LBA is due on Saturday so I've got that all ready to post off.

 

What will happen now that the OFT deadline for justification of the level of charges has now arrived. Will the bank have anything up their sleeves that could effect anyone not fortunate enough too already have been settled????

[jonni2bad]

Well, we doubt it!

[Makthedon]

That's good to hear!!

[Makthedon]

One question that I keep forgetting to ask, the account I am claiming on has been closed but I do have a an unused basic account that has a quid in with them.

 

If I was successful in my claim would they automatically pay the money into this basic account? I would be reluctant to have this done as Halifax have clauses in their contract that states they can withdraw funds from any other held accounts to satisfy any arrears on other accounts. As I have stated before, we do have loan and credit card accounts in arrears which we are slowly paying off. Surely they would just take this money back to lessen the debt on the others.

 

I don't mind closing this basic account because we have a Natwest Current account that we use now, but what is the best/ quickest way to close the account?

[vix2000]

Don't know about that. Have got my charges back today and they were paid into the current account that I claimed them from.

 

I would think the quickest way to close an account is to go into the branch. I have done this before and they close it straight away.

 

Hope this helps.

[Makthedon]

Thanks for that Vix and congratulations on getting your money back!!!

[vix2000]

No probs. Hope you get your soon. Good Luck.