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

[sea-sidelady]

Ok, What you need to do....

 

If money has been put into your account without you accepting it, turn it down and ask them to remove it from your account. There is a rejection letter for this in the templates, and carry on for the full amount.

[debbarker]

ok, but can I send the rejection letter without including how much I am claiming for.......because I still don't know!

[debbarker]

also......(sorry to be a pain!!) which template do I use as none of them seem to fit........

[c_allen]

Rejecting Offers try this one

[TUTTSI]

You can still accept it partially, you will not loose anything by it, you can still claim in full + contractual less the amount they paid you. You can amend the rejection letter to what suits your claim. I would imagine if they have already refunded you £6k without an argument, there must be loads more. They don't just pay out willy nilly, I am sure they have a pretty good idea what the total will come too. Have you asked for your statements! and when did you do this! Can you gestimate the total of your claim going back 6 years, do you have any statements ay all! and can you put this on a spreadsheet with the interest rate they charged you.

DS

[debbarker]

But they all talk about accepting the offer as part payment and not about wanting it all removed from the account. The only one that says that is the one mentioning court action......and I haven't even got my list of charges yet!!!!

Does this seem bizarre to you guys?? Cos I'm struggling to get my head around it.

[debbarker]

Yes, have statements back to December 2005. I put them on spreadsheet and charges total just over £3,000 back to then - thats only 16 months of charges!!!!!!

I sent SAR and £10 on 12th March.

[c_allen]

if your thinking of accepting it as partial thats fine, i did with hailfax, but i now regret it as i am now in court 1 week tomorrow, with very little chance of winning, but thats my own fault:o , all i'm saying is don't rush, have a good think about ALL your options, THEN decide whats best for YOU. it may not cause you any problems, in fact it probably won't, just don't rush headlong into something you not sure of:D . i'd write to them and tell them they've now had their 40 days and if you don't get the info within 7 days of the date on the letter you'll start court proceding against them, don't accept or reject the offer yet, just wait 1 more week

[change-it]

if your thinking of accepting it as partial thats fine, i did with hailfax, but i now regret it as i am now in court 1 week tomorrow, with very little chance of winning, but thats my own fault:o , all i'm saying is don't rush, have a good think about ALL your options, THEN decide whats best for YOU. it may not cause you any problems, in fact it probably won't, just don't rush headlong into something you not sure of:D . i'd write to them and tell them they've now had their 40 days and if you don't get the info within 7 days of the date on the letter you'll start court proceding against them, don't accept or reject the offer yet, just wait 1 more week

 

Thats what i would do too-in the offer letter does it not give you 8 weeks to get back to them anyway? They have kept you waiting so you can keep them waiting for another week. Then hopefully your statements will be here.Sounds like they DO know you are due much more of YOUR money back.

[livelylad]

Deb I am off out now but I will have a look later for you.

[debbarker]

Anyway, for time being have phoned Halifax and asked again for the list of charges to be sent to me. 'Nice' man on phone said he would see they were sent out today.......won't hold me breath then......lol!

I didn't say anything to him about their offer and he didn't mention it either.

[livelylad]

Hi Debs I have had a quick read through your thread, firstly I think you need to slow down a bit

 

Ok you dont have your statements yet so I would strongly advise you not to accept the cash as a full and final settlement of your claim. Also I advise you to send the letter from the rejection of settlement link below, accepting the cash as a part settlement.

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

 

I also advise you to send the letter from the non compliance link below. You can wait to see if the statements arrive in the post tomorrow if not I would send the letter. They have had long enough to comply.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Once you have the statements and you have worked oou how much they owe you send the LBA from the link below include a schedule of charges.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

Should they not settle in full after 14 days I would issue the court claim.

 

Hope this helps.

[debbarker]

OK - I have sent (faxed one and also posted a hard copy) the rejection letter (regarding the money they paid in to our account), and if the list of charges etc has not arrived by the time I get home from work today I will send the non-compliance letter also this evening.

Thanks for your help

[c_allen]

good work, theres no point rushing

[debbarker]

Well - today the list of charges finally arrived - it has crossed in the post with the non-compliance letter, because it took them almost 50 days to send them to me.

Anyway, have spent afternoon putting charges on spreadsheet and I was pretty much right in thinking the amount was considerably more than £6,000. It comes to £11,352!!

So am I right in thinking I now send the LBA and put the amount in the letter, minus the £6,000 they already paid?

[TUTTSI]

I thought so, they were to quick to fob you off with £6k, so just deduct this from your spread sheet total of Charges and Interest together leaving a net amount of £5352 assuming that you wrote partially accepting the £6K, and that you would be reclaiming the balance.

 

Let us know how you get on.

Ds

[debbarker]

Yes, I have already written to them saying that I did not accept it as 'full and final payment' but as a partial amount, and that I would be claiming for the rest in due course.......will let you know.

[debbarker]

Sent LBA yesterday by recorded delivery.

And you won't believe this but........you know they paid £6,000 into our account? Well, yesterday they took £28 in charges(!!!!???) out of the money they paid in......are they losing the plot??!!

Will just add that on to list of charges if we end up filing for Court!

[TUTTSI]

Good Idea Deb, they are loosing the plot.

DS

[debbarker]

Have seen on Royal Mail website that the LBA has been delivered today.....

Watch this space....

[debbarker]

It will be 14 days up on this Thurs (17th) and we've heard nothing from the Halifax since they received the LBA.

Is it worth a phone call to the man I've spoken to previously in Customer Relations to see what Halifax intend to do, or shall we just wait for the 17th and file the claim in court?

btw, any help on this would be appreciated. I know about MCOL and the other way of doing it (sorry can't remember name!!) but am not sure what to do. Our claim will be for £5,300 plus around £3,000 in interest.

[debbarker]

Well no more Mr Nice Guy.......

I phoned the guy in Customer Relations this a.m and asked what Halifax intend to do about the LBA we sent. He stalled for time and made me tell him what I had written about. He said that their charges AREN'T UNLAWFUL !! And that there no statutory body has said that.

He took my number and said he would get back to me......

He just phoned me again and offered £2,500 - I have asked for £5,300. I refused his offer and suggested he go and consider increasing it to the full amount. He says they can't do that cos they only offer 75% of what any customer asks of them (haven't heard of that before!!). I told him that actually I know of many cases where people have got 100% off them before filing for court.

I then confirmed that our next step will be to file for court on Thurs. He said that they will take back the £6,000 they already gave us ('as a goodwill gesture'). I told him that he won't do that because we already accepted that as a 'part payment' from them pending the return of the full amount.

- hope you're still with me......

he just phoned again and said they will take the £6k out of the account if we go to court. Will do that today - but if they do it will put us £1,300 in the red!!!!! Can they do this?

PLEASE HELP.......

I told him to go and ask 'them' for another £1500 taking the full offer to £10,000 and we'll forgo the other£1,300.....rigthly or wrongly....but I'm done in over this and my dad is ill in hospital and I really cant deal with this much longer.

 

HELP.........

[debbarker]

He phoned me again, saying that another £2,500 is the most they will offer, and that if we intend to go to court we are clearly not accepting the original £6k and they will remove it from the account. Well, can they do that? Ther eis now only £4,500 in there cos we were already £800 overdrawn when the amount went in and we have since spent some of it. We will be £1300 overdrawn if they remove it - but he said 'that will be an unfortunate consequence'.

Are they trying bully boy tactics, or are they right?

Do you know of them taking back the initial money paid if someone goes to court?

Am feeling sick right now. Don't want to go o/d again and incur charges again.

ANY ONE THERE?

[debbarker]

Nudge - anyone there?

Please?

[debbarker]

Sorry guys ....have to keep this up top as I really do need advice on this.

Please....