Sueing Halifax

[Joh7n]

Hi

Could anyone help me please

I have 3 accounts with the Halifax

Do I have to pursue each one seperately and do I have to pay 3 lots of fees for the DPA Document and could anyone help me with any advice of how to start the ball rolling please

Thanks

substation (John)

Also how do I use the consumer action group email address which I bought

Thanks

[Guest Lueeze]

Hi, and welcome!

 

Please read the FAQ's section before beginning, as you will have a lot to read and take on board first. If you then have any questions which you need answering, please feel free to post again after this.

 

We are here to help, but ultimately, its your claim and your responsibility!

 

Good Luck,

 

Louise x

 

P.S you can do 1 DPA and 1 cheque for all accounts, and I will check with Admin about your email addy!

[Joh7n]

Thank you so much for replying

You've answered the most important question which was do I do all 3 accounts together as they total over £2500

I have most of my bank statements, but they do not state what the charges are for i.e DD, overdraft etc.

Do I need to know what the charges are for before I can pusue a claim?

Thanks

[BankFodder]

I'm sorry to say that I think that you should stop and not do anything more take any more action until you have done some groundwork for yourself.

 

This means that you should spend at least three days reading through the forum material and especially the FAQ. It seems to me that you have not done this.

 

This is a forum where everybody will try to help you and support you as much they can. The information, the advice, support, encouragement, are all free. All that we ask is it you invest some of your own time and effort. You will feel more confident and more empowered once you have a good overview of what you're doing and why you're doing it. There is not much point coming on to this forum, and simply asking questions every step of the way when in fact most of the questions you are asking though already been dealt with in detail and many times before.

 

If you feel that this is a tough line -- then yes maybe it is -- but at the end of the day if you begin a claim in court against your bank it will be you who may have to go to court on your own at your expense and that your own risk. We try to help you take control of the situation and of your bank but first and foremost this is a self-help forum.

[Joh7n]

Hi

I have all my Bank statements with the charges on them

Do I need to know specifically what they are for ie DD SO etc as they just say Bank Charges as Notified on the statements

Will the court accept this or will they need to know what they refer to?

If the court will accept this then we can start our action tomorrow and not have to wait for further statements from the Halifax

Thanks

[alanfromderby]

Is there any code against the entry?

 

If not, send you preliminary request for payment. Also send a seperate letter listing the charges and dates, and ask the bank to explain what they relate to. Send both letters by recorded delivery.

 

If they fail to give you the information you then have evidence for the court claim that you have asked for an explanation, and the bank failed to reply.

[Spiceskull]

Hi,

 

It really does take a few days to get your head around all the arguments and all the information.

 

You will be setting a timetable (the timetable that the bank says it will work to is irrelevant). In the FAQ you will find 'Step By Step Instructions.' Start this, be clear on what your first step is (thia was requesting the info from the bank so that you can calculate what they owe you)

 

Whilst waiting for the info, read up on your next step. All information can be found in the Library, the FAQs and on other threads.

 

If you make sure you stick to your own thread in the relevant area (eg [username] claim against [bank]), and use this as a sort of diary which you can update as things progress. It will also enable you to check responses to your questions, and people will be able to find your thread a lot easier.

 

Good luck.

 

You are here, you want your money back, you will get help and support in this, but it is YOUR call, and you must be prepared to put in the effort.

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[mechs]

Also how do I use the consumer action group email address which I bought

Thanks

 

1. You should have received an email titled either 'Your BAG Email' or 'Your CAG Email'. Open the email and you will see a link http://www..... etc. etc.

 

2. Select the addy and copy - then paste it into the internet explorer address bar or whatever address bar you have.

 

3. You will then be asked for your email and password ... both of these you will find in the email from the bankactiongroup. Enter these and you will be in your new email account.

 

4. I suggest that when you get to 2. that you save it as a favorite or as a shortcut on your desktop.

 

mechs

[Joh7n]

Thanks for your help everyone

We will do some more research and hope to be posting more news on

JChapman vs Halifax

Will keep you posted and Thank You all again

[Movingon]

...and please don't PM random people hoping that they'll answer your queries. Three days reading the FAQ and the stories of other people SHOULD give you the insight you need.

[Guest Lueeze]

Im sorry, but you have to put the effort in yourself, we all do, and I am a voluntary Moderator, I dont get any extra perks, I have to learn too, our time is streached as it is, and users asking and PM questions that are already on the site in red bold letters, stop us from helping people who have to prepare for court or have had trouble they need help with.

 

We are a freindly bunch, but you have to repect we have 20,000+ members and cannot devote time to you especially.

 

Louise

[Joh7n]

Sorry

I'm very new to the site and obviously have alot to learn

Will not send any more private questions but I do wish you luck and hope to be of help to others when I have a bit more knowledge

Thanks

Ann

[Joh7n]

Thanks You for your help everyone, especially our court buddy Janey.

We have now sent in the DPA letter to the Halifax, although we have the statements anyway, so have worked out that The Halifax owe us £2600 AND COUNTING......

I was advised to send the DPA just in case we had missed out any statements or charges.

We have also sent them a letter giving them 14 days to repay our charges

Will keep everyone posted and my husband is going to give you our horrific case history and experience of hitting ones head against a wall!

[Joh7n]

Hi

I'm sorry I can't seem to find my previous thread which was entitled Sueing Halifax

We sent the Halifax a demand for £2600 owing to us in Bank Charges on 24th May which we emailed to them and folloed with a hard copy.

Yesterday we receive a call from customer complaints offering us £264 as a 'gesture of goodwill'

Which was met with a tirade from my partner who has recently been charged £69 for going £1.62 overdrawn!

In a matter of minutes they changed the offer to £788!

John said he would like the offer in writing, can we accept this and still pursue for the full amount

It seems in many cases the Halifax insists you accept the settlement and not pusue any more, but some people have been able to accept a part payment and still pursue the full amount

Any advice on finding my previous thread so that can keep it updated please

 

THREADS MERGED.

[barracad]

You can reply to the offer stating you will accept the offer as an interim payment, but continue to pursue the full amount. Then just carry on as before and stick to your timetable.

[driller]

Hi there,

 

I was recently in the same position as you....got a phone call offering an insult! as a gesture of goodwill. I argued for a while, they ran circles round me with the company blurb but, in the end, was offered a little more. It was something like £290 (and I'm looking for £2k) so I said I would accept the offer as part payment and would carry on through the courts for the difference. As soon as I said that the Halifax withdrew the offer of £290! - which apparently they are entitled to do. My court papers for the full amount are going in tomorrow.

 

My only advise at this stage is try not to talk to them on the phone - you are left feeling frustrated and not really sure what is going on - plus, if you do end up in court it is best to have everything in writing.

 

Good luck - I will watch your thread with interest.

Driller

[jonni2bad]

Street

Town

City

Postcode

 

Date

Customer Relations

Halifax PLC

P.O. Box 548

Leeds

LS1 1WU

 

Ref: XXXXXX

 

Dear Sirs

 

Thank you for your reply dated 12th May.

 

I respectfully decline your offer of settlement and request, once again, that you return to me

ALL charges made on this account in the last 6 years, totalling £XXXX.00, by way of personal cheque.

 

If you choose not to do so, or if I do not receive notification in time, I will start proceedings for recovery in the County Courts on XXXXXX (or whatever your next stage is). By doing so, you will also be liable for my court costs, plus interest of 8% on each charge from the date incurred - this will add a further £XXX (approx) to the total, although I am sure that you are aware that this figure will rise daily until settlement.

 

 

Yours faithfully

 

 

 

Name

[Joh7n]

Thank you for the advise everyone.

We have now received the letter with the offer of £778

Incidentally we had a CCJ some months ago (Thanks to the Halifax bank charges we could not afford to pay our mortgage broker for his services last year) and as a result of the CCJ we had a third party money order put on our Halifax bank account by the court which meant that the court could take money out of our account on the day it was served which was about 4 weeks ago

Not surprisingly there was no money in the account on the day!

The Halifax mistakenly thought it was a bancruptcy order and froze our account.

Everything bounced, we could not get access to wages which went in afterwards, our cards were gobbled by the machine and they cancelled our cheque book

We spoke to the solicitor who had the order served on us and he was astonished as the Halifax were supposed to give him and us 7 days notice from their legal department that the order had been served

It took 2 weeks and many phone calls from our mortgage brokers' solicitor (who said it was like banging his head against a wall) for him to convince them they were mistaken and to release our money In the meantime they bounced our brand new mortgage twice and wrecked our credit even more than they have done already

As a result of this we pusuaded them to put in writing that it was their fault that the mortgage had bounced and that the money was in the bank at the time

They refunded us £108 in charges incurred by THEM refusing to pay our direct debits as a gesture of GOODWILL!

At the time I was already looking at your website and intending to sue them, but thought I should I should wait for the letter from them 'TO WHO IT MAY CONCERN' stating that our account was mistakenly frozen

I shall certainly look forward to going into my local branch to wave THE CHEQUE at them when they pay us back our fees and will insist that they repair our credit rating (if that is possible)

I shall certainly be donating to the site as soon as they pay me!

[alanfromderby]

and will insist that they repair our credit rating (if that is possible)

 

 

If they refuse there are actions you can take to force them - you can also claim compensation for any costs that their incorrect information has caused you. Update us when you have spoken to them, and have a look at the section Litigation/DPA/Default.

[Joh7n]

We have a Halifax Visa and a Halifax Loan which are showing on our credit rating as having missed payments recently, but as I said our credit was fine until they started taking so much in charges every month that our wages wouold not cover all the outgoings, they also took unauthorised payments from our current account to pay off his Visa

We tried to apply for a loan to consolidate our debts and were faced with huge interest charges because of our credit rating

There are now several entries on our file relating to companies we applied to to try and get a cheaper loan

This morning we received a letter from our mortgage company saying we had been charged for 5 unpaid direct debits @ £35 a go

And on the January payment we paid the money into our Halifax account on the morning the mortgage was due to go out

The Halifax were completely inflexible with that, said it was too late and bounced it anyway and charged us, as did the mortgage company

I intend to be as unhelpfull and inflexible with them as they have been with us!

[Joh7n]

Hi

I am about to send a DPA for my Halifax Visa card

Has anyone got an address and email address or should it go to Trinity road please

I am dead keen to send it so would love to email it!

Also I have no idea how long I have had the account for so should I just ask for statements from when the account opened as it may or may not be 6 years?

Ditto for Capital 1

Thanks

[jonni2bad]

Trinity Road is fine. Do not email it.

[mechs]

Trinity Road is fine. Do not email it.

 

Question jonni: why not email it??

[jonni2bad]

Whilst email is undoubtedly a easy way of sending just about anything, I think from the point of view of showing a court what you have sent and how it was sent, it would be best to stick to the traditional method.

 

In court, if you have a copy of the letter and say you posted it, it is accepted as happening. I'm not sure if that related to emails, so best play safe.

[mechs]

Thanks for the advice, jonni. We've done the majority of our correspondance via email (and have their acknowledgement) but will, from now on stick to letters.

 

mechs