monkey_uk -v- Halifax (Bank accounts and credit card)

[monkey_uk]

Claim for bank account lodged via MCOL - total claimed £2818.84 + £120 fee

 

Let the fun begin!

[monkey_uk]

Claim for visa lodged via MCOL - total claimed ££78.29 + £50

[moneyhelp]

Good luck with this Monkey

[monkey_uk]

Cheers moneyhelp!

 

Claim has been OFFICIALLY issued today 18/06/07

[barracad]

Oooh official

[monkey_uk]

Both claims acknowledged 03/07/07. Not what I wanted to hear, but no big deal, onwards and upwards!

[sallysas]

But you might get your money within the next month. Halifax arn't as bad as some of them out there. Chin up:razz:

[monkey_uk]

cheers sal, here's hoping hey!

[Dusary]

Noticed yesterday that the £581 wasn't in my account anymore. It'd not been just debited from my account, the transaction had totally disappeared. Luckily I pre-empted this and took a screenshot of my online statement with it showing!

 

Spoke to my contact there yesterday and she said it'd been taken out as I was only accepting it as part settlement.

 

 

It is precisely for that reason that as soon as my *goodwill* gesture money goes in - I'm withdrawing it and depositing it in my Standard Life a/c!

[monkey_uk]

Acknowledgement for both claims received 07/07/07.

 

Hfx intend to defend the whole of both claims.

[kennythecelt]

Acknowledgement for both claims received 07/07/07.

 

Hfx intend to defend the whole of both claims.

 

Keep going Monkey we are with you!!!!!!

[monkey_uk]

Cheers, hoping it's sorted soon, but I'm in for as long as it takes, I'm getting my money.

 

I only wish I'd have done this in spring last year when my FD claim was settled, like I'd told myself, but I was lazy and kept putting it off, then I went on holiday and bought a house so only just got round to it really.

[dolphin939]

Keep it up the money will be yours soon x

[monkey_uk]

Yup, though I'm expecting an arguement over the contractual interest issue!

[monkey_uk]

Looks like they're at it again;

 

£412.12 and £1162.00 has been credited to my acount as "cash" today.

 

I've not had a letter or anything about this.

 

Grrrrrr!

[monkey_uk]

Looks like they're at it again;

 

£441.12 and £1162.00 has been credited to my acount as "cash" today.

 

I've not had a letter or anything about this.

 

Grrrrrr!

 

Ok, £1162 is EXACTLY the amount of the charges on my bank 2 accounts which is one claim (note: they've not paid interest, not even at 8%).

 

No idea where the £441.12 is from though!

[moneyhelp]

Give them a call and ask.

[monkey_uk]

I'll wait and see I think.

 

They have, by my reckoning, up until the 21st to settle in full or enter a defence.

 

It just annoys me SOOOO much that they act like this!

[monkey_uk]

Dear monkey_uk,

 

Yourself -v- Halifax PLC

Claim No XXXXXXX

Roll No X/XXXXX-X and X/XXXXX-X

 

I have received and have been dealing with the proceedings, which you have issued against Halifax plc in the Northampton County Court.

 

Your claim relates to bank charges debited to your bank account. These charges were debited to your account in accordance with the account terms and conditions, which you agreed to accept, and by which you are bound.

 

I have returned the form of Acknowledgment of Service to the Northampton County Court indicating that Halifax intends to defend your claim. However, on a purely commercial basis, it will cost Halifax money to defend your claim in terms of the legal cost that will be incurred. It is unlikely that Halifax will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs and not generally awarded.

 

For this reason, but without admission of liability, Halifax is willing to reimburse £882.00 in respect of the bank charges incurred, together with £216.53 in respect of approximate interest that Halifax has calculated was charged on your account X/XXXXX-X as a result of charges.

 

The Halifax is also willing to reimburse £280.00 in respect of the bank charges incurred, together with £104.59 in respect of approximate interest that Halifax has calculated was charged on your account X/XXXXX-X as a result of the charges. The Halifax will also reimburse £120.00 in the respect of the court fee. This amounts to £1603.12 which will be paid into your account X/XXXXXX-X within the next 5 working days.

 

The Halifax does not consider that you are entitled to the further £1,342.38 that you are claiming. Unless you can provide evidence of this further loss the Halifax will file a defence in respect of this part of your claim.

 

Please note that if an interest payment has been mde, this constitutes "taxable income" and any tax due on this should be dealt with between you and your local tax office.

 

I will write to the Court to let them know that your claim has been settled and would be grateful if you could do the same.

 

We are keen to help you avoid any unneccessary charges in the future by providing you with various ways to keep track of your account. You can do this via telephone banking on 08457 20 30 40, online banking (Halifax Online - UK Banks, Finance, Personal, Telephone & Internet Banking) or by obtaining a mini statement at our cash machines. You can also contact one of our banking advisors at any of our branches.

 

Yours sincerely,

 

Richard Temple

Customer Relations Manager

Customer Relations

 

Ok, so now the figures add up, the £441.12 is the 8% interest for both accounts at the day of which they deposited the money (I'm assuming, though I've not checked, as my charges spreadsheets are on my works computer).

 

However, read carefully his wording:

 

together with £216.53 in respect of approximate interest that Halifax has calculated was charged on your account X/XXXXX-X as a result of charges.

 

I've not claimed the interest that I was charged due to the charges, though I'm going to work out what that would equate to, and may well bounce that back to Mr Temple.

 

I'm not considering this over yet, as if the sum of interest they charged me is sizable, I'm going to ask for that back too, though it wasn't in my PoC, not sure how that will affect me. Also, his wording of that part, I'm wondering whether it could be argued that they've not paid the 8% interest due to his incorrect (IMHO) wording in the settlement letter.

 

I must say I'm disappointed with this, very disappointed. I can't even really refuse the settlement as they've already paid the money into my account, which in my opinion, is totally underhand. But, then again, I've not signed anything to state that "I accept the amount as full and final settlement".

 

Hmmm, interesting.

 

 

 

 

No word on the Visa claim yet though.

[monkey_uk]

anyone wanna offer any advice/opinions?

[sallysas]

I would accept only as a part-payment only. If you start messing with your poc will this not cost you £35 which is non-refundable? The decision is yours to make. It would be best to let the court know you have received a part-payment though, but I bet you knew this already. Seems to me they are trying to force your hand by assuming this is a done deal as I would say the court will need confirmation from you that the matter is closed.

[monkey_uk]

So, they've paid me the charges + 8% + court fee.

 

I want to only accept it as part payment, but I can't decide whether to.

 

I suppose if I go and withdraw it as cash from a branch and THEN tell them it is only as part payment, they can't exactly take it off me (though I'd not put it past them to debit it from my account and put into into an unauthorised overdraft of nearly 2k!, and charge me for it!).

 

I'm pretty sure they're 28 days are up on the 21st too.

 

Hmmmm.

[monkey_uk]

I've 2 claims running with Hfx, one for Visa charges, and one for charges on two bank accounts (one closed, one open).

 

they've paid money into my account that equates to:

 

all of the charges back, and the £120.00 court fee.

 

They've written to me and told me that they are paying this in "within 5 days" (it was done the same day that they sent the letter to me!), and have also put in the letter that they are also crediting money of what they calculate I was charged in interest on my account as a result of charges (they actually mean they've paid the 8% interest).

 

However, looking at this, they;ve credited for the interest:

 

£216.53 and £104.59

 

Now, using Mindzai;s spreadsheet, changing the date to the 12th of July, which is when they money was credited, the 8% interest due was actually:

 

£216.76 and £104.74.

 

I've even backdated the sheet to 11th July, just to make sure, which would make it:

 

£216.57 and £104.68.

 

Now, they have until the 21st the enter a defence I believe.

 

They are considering the claim settled.

 

My question is, is it reasonable to leave it until the 21st, enter a default (they are unlikely to defence as they believe the figures are correct and that the only difference is the further £1342.38 in CI (28.8%) that I'm claiming.

 

Basically, defaulting them as they've paid me less than £1.00 less than what I'm owed. Is that reasonable?

 

One part of me says no it isn't, but the other part says that they should pay me exactly what they owe me.

 

How likely would I then be to secure a default against them?

[overflow]

Hi Monkey

 

I couldnt beleive it when I read your thread. It could have been mine.

 

Have a peek at mine if you have the time. overflow v halifax.

 

Ive just been looking at my spready again and Im almost sure they have not pad me for charges going back to 1999. Paid from 2001 only.

 

I too was claiming CI but with them paying money into my account (on the same day they recieved my Rejection letter even though they said i had 7 days to either accept or refuse) I thought that I could only accept the money , mine was nearly £300. short of what I would have hoped to have claimed just with the 8% . I didnt think id win the CI cause Ive used the M&R in my POC as well.

 

They had my rejection letter within their time limit of 7 days but the money remains in my account even after Ive told them to take it back.

 

My claim was deemed served 25th June so their time is up to file defence on 23 July.

 

I keep toying with the idea of ringing them up and telling them they havent paid all charges Ive claimed for , I think they are going by the SoL Act but we all know they cant anymore.

 

Ill be following your thread to see what is going on with you cause its so like my situation.

 

Regards:)

[monkey_uk]

cheers overflow, I'm just so stuck what to do.

 

Do I send them a letter tomorrow, sent by special delivery so they get it Tuesday, giving them until the 21st to take the money out of pay the full amount, and then risk losing my claim because of CI, or equally them paying up as a commercial decision, or do I just roll over and accept that they can bully me into accepting the money?

 

What would happen, if I rejected the money, they enter a defence on the basis of CI, and it went into a court room and I lost? Would I be able to file a claim against just for the charges and for 8% interest or would that be it, finito, can't claim nowt back?