Jump to content


  • Tweets

  • Posts

    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Someone to hold my hand (doing battle with Halifax)***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6132 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

Hi to everyone!

I'm new to this site - joined up today. I read about you on the MSE website and thought I'd see what you're about.

I'd really like someone to 'hold my hand' as I 've just sent off the first letter to the Halifax requesting repayment of my charges over the last 6 yrs. I sat down and worked out that over the last 12 months ALONE they had almost £3,000 (YES!!!!) off me...talk about daylight {edit}. And during all this time my husband and I have had several talks to the bank and asked them to help us get back on track as we could not cope with the constant round of charges each month. Of course our requests for help (as responsible customers) fell on deaf ears and we have been spiralling further in to debt. I really hate the bank for what they have done to us and I'm so so angry that they think they can charge what they like - and we don't even get letters posted to us any more - they are all online!!

Anyway I was feeling brave until I posted the letter and now I'm not sure what they will do. We already have a new bank account up and running so they can't threaten us with closing our account.

 

I guess we just wait and see now.

Debbie.

  • Haha 1

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

Link to post
Share on other sites

  • Replies 157
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Mo

 

Well ,I'm pretty certain that the last 12 months were particularly bad for us and so I know its not £3,000 each yr! But I have put it to them that I am claiming for £6,000 - but have asked them to verify this within 14 days.

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

Link to post
Share on other sites

Hi Deb,

 

Don't worry. I felt much the same when I started my claim against them.

But I'm at the stage now where I've filed at Court, and they have another fortnight yet to acknowledge the claim, albeit, it's only for £1300 ... But I'd be lying if I said I wasn't nervous at the prospect of going into Court, but at the end of the day, it's our money and they should never have taken it. They haven't bothered about you or your husband's attempts to try and sort your position out .... and all along they've known that their charges are unlawful :mad: so stick to your guns, use the templates and stick to the tried and tested deadlines on this site, and you will win :)

Plus you get the added benefit of all the users of this Forum, who are FAB ;)

 

Good Luck

X

Tippety toeing where angels fear to tread .... :o

 

Hey and I thought of that all by my lonesome :cool:

 

1st Data Protection Act letter Halifax - 30th Sept 2006

 

Non compliance letter sent 23rd November 2006 :mad:

 

Preliminary request for repayment sent 11th Dec 06

 

Reply from the Halifax stating that they're investigating my concerns!!!.... Rec 15th Dec 06

 

LBA sent 30th December 2006 :mad:

 

Offer from Halifax of £814.00 - 5th January 2007

 

Rejection of Settlement Offer - 6th January 2007 ;)

 

Papers filed at Court - 29th January 2007

 

:) Settled in Full, 16th March, 2007

Link to post
Share on other sites

Thank you so much for your replies. I didn't think I'd get much of a response for a while!

I guess the sheer numbers of people with success stories should reassure me that the banks really are just folding in when faced with requests for OUR MONEY back, but there is still that niggling doubt in my mind they will give us a hard time - probably based on how rubbish they have treated us up to now.

But, this will give you a laugh.......for 3 months now we have had our wages going in to and all our d-debits coming out of another bank account - ie, NOT HALIFAX - and we have left the account with them open cos we still have overdraft (£600 - but mostly due to their charges anyway!!) and not the money to pay it off yet. BUT they don't seem to have noticed - and they certainly haven't asked us why we aren't putting money in to the account when there is an overdraft on it.....mad!!!

 

Deb.

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

Link to post
Share on other sites

The left han disnae ken whit the right wan's up tae ;)

Tippety toeing where angels fear to tread .... :o

 

Hey and I thought of that all by my lonesome :cool:

 

1st Data Protection Act letter Halifax - 30th Sept 2006

 

Non compliance letter sent 23rd November 2006 :mad:

 

Preliminary request for repayment sent 11th Dec 06

 

Reply from the Halifax stating that they're investigating my concerns!!!.... Rec 15th Dec 06

 

LBA sent 30th December 2006 :mad:

 

Offer from Halifax of £814.00 - 5th January 2007

 

Rejection of Settlement Offer - 6th January 2007 ;)

 

Papers filed at Court - 29th January 2007

 

:) Settled in Full, 16th March, 2007

Link to post
Share on other sites

im no expert but if your not sure what they owe you I would send an SAR with the 10.00 fee,and find out how much they owe you,yhou will need a schedule of charges for your claim

Link to post
Share on other sites

Sorry Deb, I agree with Mo, I didn't read your first post properly :rolleyes: it's best to send off for your statements, you have to be able to prove in court if necessary, that they have taken off these charges and you'll need to list them on a spreadsheet as well with dates.

So best to pop off a SAR detailing all the account numbers and a cheque for a tenner, give them their 40 days, then you can start the ball rolling the proper way

X

Tippety toeing where angels fear to tread .... :o

 

Hey and I thought of that all by my lonesome :cool:

 

1st Data Protection Act letter Halifax - 30th Sept 2006

 

Non compliance letter sent 23rd November 2006 :mad:

 

Preliminary request for repayment sent 11th Dec 06

 

Reply from the Halifax stating that they're investigating my concerns!!!.... Rec 15th Dec 06

 

LBA sent 30th December 2006 :mad:

 

Offer from Halifax of £814.00 - 5th January 2007

 

Rejection of Settlement Offer - 6th January 2007 ;)

 

Papers filed at Court - 29th January 2007

 

:) Settled in Full, 16th March, 2007

Link to post
Share on other sites

Hi Deb.

 

Yes you need to send off for your SAR.

This is the letter template you need. You need to know how much to ask for. What if you asked for £6.000 but there was more??

 

It is best to keep to the tried and tested way, that way there are no mistakes.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

No two people hold hands in this place...we're all in this together in a massive Ring o' Roses, laughing all the way to the bank...except its THEM b*stards that will be falling down! Grrrr!!

 

:lol:

Link to post
Share on other sites

Well, I read on the MSE website that there is no point in claiming for more than £6,000 as if it goes to small claims court they won't deal with more than that. I therefore thought that even tho I reckon they owe us somewhere in the region of £10-12K over the 6 yrs, there is no point in claiming for it all.

But I will write and ask for all statements/evidence of charges - my online evidence only goes back one yr. But won't that look a bit daft seeing as I've already written once?

Deb

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

Link to post
Share on other sites

No, it will look like you know what you are doing. And when they see the letter from here they will know you mean business..!

 

From now on just get the advice from here, and use the letter templates from here, that way we all know exactly where you are with it.

 

Some one o know just claimed back £9 and half grand. So £10 - £12 souldnt be a problem.

 

And just think of the spending...:D :D

 

OOh Mrphil, have you got your angry head on today....? lol :D

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

agree with the others Deb, ideally you'll be charging them interest too, so need to ascertain the dates the charges occured.

 

if it's more than £5,000 it may be too big for the the small claims court, but it would mean if they defended that they'd have to reveal their costs (which i'm fairly sure they wouldn't want to do anyway)

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

Link to post
Share on other sites

Thank you so much everyone - you are all so supportive. Am so glad I came here!

At the moment I'm away from home and without a printer but I will get on to this properly the mimute I am back home. Need to let them know I mean business!!!

Debbie

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

Link to post
Share on other sites

Hi Deb

Welcome to CAG, it is a great forum with lots of help and encouragement.

It does help to read the FAQ which you will find very helpfull and it does pay to understand what is involved before you start writing letters.

Regards

DS

Link to post
Share on other sites

OOh Mrphil, have you got your angry head on today....? lol :D

 

No, no! Quite the opposite! Had a great day today! All 5 lessons went really well, passed my sign language mock, had an offer letter, was on top form at footy tonight, doesn't get much better than that!! Tee hee!

Link to post
Share on other sites

Hi Debbie,

first off all don't worry to much. Just sit and read a lot from this site. You can learn a lot!!!!

Do everything as is described in stickers on home page - bellow is few useful links:

TEMPLATES (LETTERS ETC.)

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

STEP BY STEP INFO

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

You can buy stickers to put them on your letters. It cost only £3.50 and when bank staff see them they know that you know what you are doing and that you are not in this on your own. See

http://www.consumeractiongroup.co.uk/forum/cuttings-soundfiles-library/announcement-center-let-them-know.html

to get more info on them.

 

- if you want read my thread as well

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/71700-kecimot-against-halifax-learn.html

and you can find few points to hold on.

I wish you luck and

 

go on - get them :grin:

 

that you have other account ready is wise, mine was closed after few months (don't worry about this months - in my thread you'll learn why it took so long for me - I made few mistakes - but hey interest was groving anyway :p)

If I helped you click on my scales (on the bottom on right hand site). Thanks

 

July 2006 - DPA sent - never got reply

September 2006 - First letter sent, got offer for half of charges, Thanks but no thanks reply with LBA sent in October 2006

January 2007 - filed Small Claim on-line

after some mix-ups on 14 February 2007 Small Claim pack served to Halifax

they have 6 weeks (Claim from NI take longer) until 28 March 2007 to respond

 

See my thread:

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/71700-kecimot-against-halifax-learn.html

 

Direct contact for Halifax

 

Matthew Ingham

Team Leader - Regulated Sales

Customer Relations - Halifax

HBOS Plc

CB/2/CR/26527

Direct Dial: 01422 326 527

[email protected]

Link to post
Share on other sites

  • 2 weeks later...

Hi again, well we had a reply to the first letter we sent (after I had looked on the MSE website) and it basically said that they have 8 weeks to get back to us - totally ignoring our 14 day deadline. I told my husband that from what I have read on this website (CAG) we have to disregard what they say and stick to our guns - it is WE who are threatening to sue THEM and therefore we call the shots.

We also just sent a second (and proper) letter to them asking for all evidence of charges etc on the account. I know we've done it backwards but at least I know what to do now, thanks to this website!!

Will let you know more.

Debs x

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

Link to post
Share on other sites

  • 2 weeks later...

Hi, I just phoned Halifax (tel. banking no.) as we haven't had acnowledgement of our SAR letter. I was told that Head Office will contact us in writing and that no, they don't have a direct tel no for Head Office.

Just wondered if that is the case, or does anyone know of a tel no. for them, or e-mail address. I would like to harrass them until they deal with our request, the way they think its ok to harrass us.

 

Debs.

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

Link to post
Share on other sites

Try these,

 

this phone number doesn't work anymore but it's a start.

 

Kelly Duffy

Senior Customer Relations Manager

Executive Office

Customer Relations

Direct Dial 01422 326326

Fax 01422 326688

[email protected]

 

Or look through my last thread when I had a broken leg and all the time in the world...

I found a million e-mail addresses for the Halifax

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/35380-aarons-dad-halifax.html

 

And finally, these two people have been brilliant in the past week.

 

Jacqui Mackenzie 01383 426821

 

Iain Blackwood 01383 426865

 

A D

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

Link to post
Share on other sites

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

Link to post
Share on other sites

Thanks so much, Aaronsdad. This is just what I was after!

Will let you know how I get on!

Debs

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...