Jump to content


New Halifax Action ** WON **


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5284 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

If you claim simultaneously there is a chance that the court or bank would amalgamate them into one claim. This might have implications on the case handling and costs....

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites
  • Replies 54
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Well, I posted my LBA on the 9th Oct and yesterday (11th) at work got a phone call from the Halifax to discuss it. That is the quickest response time I've ever had from them? :rolleyes:

 

I told them I didn't want to discuss it over the phone and as I was at work, it wasn't convenient anyway, so she said she would send me a letter in the post. I'm anxiously waiting for the postman now!!!

 

I'll let you all know what it says...it won't be a full offer at this stage will it? Halifax usually let you take court action before they do anything? This is what I can gatther from other posts anyway!!

 

xoxo

Springer :p

Link to post
Share on other sites

Hiya

 

Well I got it (or should I say the dogs got to it before me!..they must have known who it was from!) I will type the full letter below but I think it is a pretty standard one. They are offering me £900 of an £1800 claim. I didn't think they would offer me that much initially. I don't want to accept it obviously, but I must admit I am getting a little nervous now at this stage! Even though if other people are thinking of accepting, I say NO go on!! ha ha!! It is different when it is your 'turn' though!!

 

I keep reading the threads in the Sucessful Claims bit though for inspiration!!

 

Off to have a look at the rejection letters now in the library, so I'll have a good read of these and then no doubt come back with loads of Qs!!!

 

Thanks all for your support!! xoxoxox

 

Dear Springer

 

Thank you for your recent letter.

 

I am sure you will appreciate like other organisation, we incur costs for every transaction made. When we pay an item against an unauthorised overdraft or return an item unpaid, we incur extra costs regardless of the actual shortfall involved. We believe it is fair to pass these costs on to the accounts affected, as opposed to them being absorbed by other customers.

 

Our charging policy is clearly outlined in the terms and conditions that apply to your account. In addition we are committed to complying with the Banking Code, which sets out standards of good banking practice. The terms and conditions of your account state that you must have funds in your account to cover your transactions. We cannot be responsible if you authorise payments against funds that are not available.

 

You have requested information on how we calculate our costs for dealing with these transactions. Please note that we are not obliged under the Data Protection Act to supply this information, and as it is commercially sensitive, I regret to inform you that I am unable to comply with your request.

 

We are keen to help you avoid and unnecessary charges by providing various ways to keep track of your account. You can do this by telephone banking on 08457 203040, on line banking (www.halifax.co.uk or www.bankofscotland.co.uk) or mini statements at cash machines. You can also contact one of our banking advisers at one of our branches. Ultimately it is your responsibility to manage your account.

 

As a gesture of goodwill I would like to offer £900.00 which represents six months worth of charges on your account in full and final settlement of your complaint. I must stress that future charges will stand and we reserve the right to close your account if you do not manage it correctly. To accept my offer please sign and return the enclosed acceptance form in the pre-paid envelope.

 

This may not be the response you were hoping for so, to comply with legislation, I would like to let ou know that if you remain unhappy you can refer your concerns to the Financial Ombudsman Service, they can be contacted by telephone on 0845 080 1800, or by post at:

 

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

You will find enclosed a leaflet providing full details of the Ombudsman service. If you wish to refer this matter to the Ombudsman, you must do so within 6 months of the date of this letter.

 

Yours blah blah blah

 

Then a form saying:

 

I, Springer

of, xxxxxx

 

Confirm I accept the offer of £900 from Halifax in full and final settlement of my complaint regarding bank charges made on my Halifax account.

Springer :p

Link to post
Share on other sites

Well, I have read the templates and some more sucessful posts and have got my nerve back (well most of it anyway!)!!

 

I am sending my rejection letter today saying they have until the 23 Oct (when my lba deadline is up) to respond 'positively'.

 

I'll let you know what happens!!

 

xoxox

Springer :p

Link to post
Share on other sites

Well...so much for responding positively!!!

 

I have had this letter from the Halifax today:

 

Thank you for your recent letter.

As a gesture of goodwill I offered to refund six months worth of charges to your account, which you do not wish to accept. I confirm that we will not refund all the charges you have incurred on your account since opening your account.

If you remain unhappy you can refer your concerns to the Financial Ombudsman Service as outlined in our previous letter.

I'd like to remind you, if you wish to refer the matter to the Ombudsman then you must do so within 6 months of the date of our previous letter.

Well...I didn;t actually say that I wouldn't accept the goodwill gesture, I said that I would on the understanding I would pursue the rest via court action.

Should I bother getting into more correspondance with them on this fact or just submit my MCOL on Monday as planned?

I am worred now in case I have blown it by not accepting!! The closer I am getting to MCOL day, the more I am worried that they will think 'ok, lets defend this fully' and use me as the test case!! ha ha!!

Any help/ advice / reassurance gratefully received!!!

Springer :p

Link to post
Share on other sites
Guest bluecloud

To quote HHGTTG,

 

DON'T PANIC!

 

It's a standard letter that they send in the hope that you believe that your charges will never be refunded. Just how gullible do the Halifax think we are.

 

Just wait for the expiry of your LBA and file your claim with the Court be it MCOL or N1.

 

 

.

Link to post
Share on other sites

Hiya Springer. I am, it seems, going to be just as nervous as yourself with all this! I am following this with interest as i have just sent off requesting my statements. Like yourself, i am the worst one for saying 'yep, fight them'! but it seems to be a different matter when it comes to yourself!!

 

So i'll say it to you if you do the same ;)

 

Go get 'em matey and i wish you all the best of luck

Request for statements sent 19/10/06

Link to post
Share on other sites

Hi,springer, we are at the exact same stage so I`m going through this with you.My LBA which was posted on the 9th has not been delievered yet but I called them yesterday and was told to go to the ombudsman so I`m going to file next week anyway.I have my recorded recipt of posting so thats there problem,they didnt intend to pay me anyway LBA or not.They said as much yesterday.

GOOD LUCK FOR NEXT WEEK.

:p
Link to post
Share on other sites

Thanks bluecloud, Sledge and ocharged!! I am supposed to do my MCOL tomorrow, however, don't get paid until Friday, so am going to have to wait until then! Boo!!

 

It will be worth the wait though!

 

Good luck with your claims too guys!

 

xoxox

Springer :p

Link to post
Share on other sites

OK, it's the big day tomorrow!! MCOL!!! hurrah!!!

 

In the meantime the wonderful Halifax have charged me ANOTHER £30 bank charge for returning a DD, even though I transferred money into my account on the same day to cover my DD and the info on the Telephone Banking was that I had funds available to cover my DD!! I can't even be bothered to phone them about it (which is awful really, 'cause I know I should, just to prove a point, but then they obviously take no notice, otherwise we all wouldn't be here having to do this!!):x

 

Anyway rant over...gosh that's honestly not like me a all!! :)

 

So my Q is...can I add that last £30 charge (it has gone out of my bank) on to my MCOL, event hough it won't have been mentioned in the LBA I sent them?

Springer :p

Link to post
Share on other sites
Guest bluecloud

As long as the charge is listed in the Schedule of Charges and it has been applied to your account before the date you file your claim, you can add it on.

 

 

.

Link to post
Share on other sites

Hiya

 

Just about to submit my MCOL. Would somone mind double checking my text bit please, as I want to make sure I get it right!!

 

1. The Claimant has an account ******** **-

**-** with the Defendant, opened 1 Apr 2004

2. Since 28/06/04 the Defendant debited

charges and interest in respect of

purported breaches of contract. 3.

Defendant is aware of all details as a list

of charges has already been supplied.

Another copy will be sent. 4. Claimant

contends: (a) The charges exceed the

Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to

levy such charges is unenforceable under

the Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of

£1836.00; (b) Interest per S.69 County

Courts Act 1984 of 8% - £159.79 continuing

at 8% until judgment or settlement at a

daily rate of £0.40; 6. Alternatively, if

the charges are a fee for a service, then

they must be reasonable under S.15 of the

Supply of Goods and Services Act 1982. 7.

Costs allowed by the Court.

 

Thanks all. It is a copy of the template in the library, but just wanted to double check as I'm getting into panic mode a bit!!

 

xoxox

Springer :p

Link to post
Share on other sites

Looks fine.

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

Link to post
Share on other sites

Just an update. I submitted my MCOL on the 27.10.06 and I checked on their site and it was issued on the 30.10.06. - Is this all I do on this site now or once it is issued do I do anything else?

 

I sent my letter to MCOL with 3 copies of the statement of charges that adds up to what I am claiming (interest calculated as of the 13.10.06). I also sent the Halifax a letter enclosing 1 copy of the statement of charges equalling the amout on my MCOL, and another statement of charges with the same charges, but interest calculated as at 30.10.06.

 

Is this the right thing to do!! I hope I haven't made some massive mistake, but i sent them yesterday, as couldn't get on to the forum as work computers playing up!!!

 

xoxox

Springer :p

Link to post
Share on other sites

Springer

 

Now you just have to sit back and wait for Halifax to either write to you to tell you it is not financially viable for them to defend, or you find the money in you account ........ how long this is taking is a lottery some are being paid almost immediately others are waiting and waiting, but it will happen ............ ;)

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

Link to post
Share on other sites
  • 2 weeks later...

Hiya All

 

Well I did my MCOL on 27th Oct, which was a Friday night and then got a letter from NCC saying it was deemed served on 4th Nov.

 

I had a copy of the Halifax's sheet saying they intend to defend it and it was signed by their head of legal services. I was SOOO worried when I got this and am checking my bank account for a nice surprise every day now, but nothing yet!!

 

I have looked in the successful claims bit to see if there is a pattern as to how long they are taking to pay, but there doesn't seem to be!! I better sort my nice suit out just in case and 'route plan' the journey from my house to Northampton!!! Arrghhh!!!

Springer :p

Link to post
Share on other sites

Springer

 

Do not panic, easier said than done I know, but the only thing the banks have now is the power to play mind games, so that is what they appear to be doing. There is no longer a format as to what happens when anymore. They are being inconsistent, but at the end of the day they are paying out, disclosure is a road they do not wish to walk.

 

Hang in there... if it helps I have not had settlement yet either, but am hoping now Ms Hinchliffe is back that things will speed up again.

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

Link to post
Share on other sites

Hi Springer,i am feeling excactly the same as you my case was deemed served on 26 oct and have had nothing from the halifax either it is getting very nerve racking,but hopefully won't be to long,i keep thinking am i going to be the first to lose.

Link to post
Share on other sites

Just an update on where I am and checking I am thinking on the right lines!!

 

Hopefully it may be useful to others who are near the MCOL stage so they know what timescales/ responses to expect - I hadn't got a clue so was a bit worried when I started getting post from the courts! lol!

 

Right, submitted my MCOL on 27th Oct. Got a Notice of Issue from NCC saying my claim was issued on 30th Oct, was deemed served on 4th Nov and the defendant has 14 days to respond.

 

I then got a 'Notice that Acknowledgement of Service has been filed' dated 6th Nov, saying 'An acknowledgement of Service of your claim has been filed today, a copy of which is attached. The defendant now has 28 days from the date of the service of the claim form (4th Nov) to file a defence.

 

So, am I right in thinking if I haven't heard anything by the 4th Dec, I go back on the MCOL website and file a judgement? Has anyone gone this far with Halifax yet?

 

thanks in advance

xox

Springer :p

Link to post
Share on other sites

Hi Springer, thanks for your advice.

 

Have just had a good read of your thread, and it gives me a lot of confidence... you were going through the very same feelings that I am now. It's nice to know other people have been there to.

 

I will keep a very close eye on how things turn out, I'm routing for you though. Go get them!!!

Link to post
Share on other sites

OH MY BL**DY GOD!!

 

I have been on here all evening posting to people, just settled down for a min to watch Hugh F-W and checked my online banking to see if my Mobile phone DD has gone out. I hasn't BUT MY BANK CHARGES HAVE GONE IN!!!!!!!!!

 

I can't believe it! I checked this morning and they hadn't, but they are in there now!! 2 Separate amounts, one for the charges, one for the interest and court fees I think. I need to listen to the amounts again and just double check!!

 

I am so pleased and want to thank everyone for all your support so far! If I can do it anyone can so keep claiming!!

 

Going to have a glass of wine now! been jumping round the living room like a mad things, so dogs and o/h are very excited too!!!

 

Please can a MOD change my title to won! Hurrah!!

I'll be sticking around to help out where I can!! Bring on YB & Cap One now!!

Springer :p

Link to post
Share on other sites

Congratulations Springer I am a few days behind you money claim filed the 7th November deemed as served 12th November and acknowledged the 13th hopefully I will get our money soon as christmas is coming!!!!!

Well done and congratulations again!!!!!!!:D :D :D :D :D

Link to post
Share on other sites

CONGRATULATIONS SPRINGER

Glad to hear you have won,but it is making me more anxious as i was a week or so before you and still nothing.Hope you enjoy your wine and have a lovely xmas,and thanks for your replies you have given me.Hope i am posting very soon a success story.

Link to post
Share on other sites
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5284 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...