Halifax not paying within time frame **WON**

[madh21]

Hiya,

could anyone help me please?

I have recently agreed a settlement on my current account for £1978 which is the total amount claimed for (without interest).

 

My problem is,

I have a reducing overdraft arranged on my account.

 

Before returning my acceptance letter I discussed this with the Halifax collections dept

who confirmed that this arrangement could remain in place despite the charges being returned providing I maintained my agreement.

 

Yesterday I logged on to find that my overdraft had been withdrawn!!!!!!

 

I spoke to collections again who advised me that customer relations had requested the removal of the overdraft and even so,

any lump sum paid into the account other than salary would be taken to reduce the overdraft regardless of the arrangement!! I immediately rang customer relations who confirmed that they had made no such request and were not in the habit of removing overdrafts, merely settling claims. They are looking into this. I really want to stick with arrangement as I have more pressing debts to settle first.

 

Any advice? similar experiences?

[mrsfoot]

Hi

Try emailing their custoemr services with the situation. If you have an arranged over draft (and in process of reducing it through an arrangement) then i should imagine you will get the refund. They are breaking the contract if you have an agreement to reduce the O/D so tell them that.

 

Hope this helps

[madh21]

Thanks mrsfoot! I too thought that and have told them so. The problem is collections and customer relation are two seperate departments and are contradicting each other. I also think it may be tactics to make me repay the overdraft sooner than the arrangement expiry. Does anyone have an email address for customer relations?

[mrsfoot]

Here is a list of everything you need for claiming. you will find email addresses here

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/69359-cant-find-what-youre.html

[madh21]

Thanks...will take a look!

[madh21]

Basically....

agreed settlement of charges with Halifax for full amount without interest.

I have a reducing overdraft facility arranged on my current account and agreed in writing to reduce at £200 per month plus interest. I confirmed that this would remain in place with collection dept prior to accepting in writing providing I maintained the agreement and that it could continue as agreed.

Logged on last week to find overdraft facility withdrawn - phone collections and said we can withdraw facility anytime we like, especially now you about to receive a lump sum! reiterated our agreement and was told customer relations had requested the removal ov overdraft facility and nothing to do with collections. phoned CR - no such request existed. phone back Collections - said decision stands, we can do what we like and wont be reversing the decision!

 

Can they do this even when there is an arrangement in place and confirmed that it would continue? I have more pressing debts that need paying first. Isnt this just a retaliation tactic?

By the way, overdraft stands at -£1491, claim is for £1972.

[jowalshy]

Did you have the agreement in writing?

[madh21]

Yes!!!!!!!

[jowalshy]

Does it state anywhere that they reserve the right to recall all monies due at any time?

[madh21]

I will have to check it ou again but I'm quite sure that it says nothing of the sort. Just that that they agree to me reducing the overdraft by a set amount per month until paid. No other conditions.

[madh21]

Just another addition. When I asked them if they could do this. They said - doesnt matter what it says, they can do what they want!

[jowalshy]

It is your money. Ask for a repayment by cheque. If you have an agreement with them to repay the amount owing, and you haven't defaulted against it, then I would do this, that way you can allocate the money how you like. If they are still being a bit difficult then try the" right of appropriation" letter in the bank template section.

[madh21]

Thanks for your replies...how do I use 'the right of appropriation' in this instance if it relates to benefits? Or am I missing something here? I have tried asking for the money by cheque only to be told that they HAVE TO pay through the account. Has anyone managed to do this as yet, and if so how did you manage it?

[Glenn UK]

FWIW

 

In the terms and conditions of your account it likley says they can request repayment of overdrafts instantly.

 

It probably says they have the right to offset from one account to another.

 

when it comes to the 'rights of approproaition' i am not sure that this willl help unless you are trying to protect income to pay bills live etc. I would be happy to be proved wrong of course.

 

If you are in a DMP or IVA the situaiotn would be different and you can argue for payment in totla to you by cheque.

 

JMHO

 

Glenn

[madh21]

Checked letter of agreement to reduce my overdraft - very simple...no conditions other than will charge me £10 for breaking the agreement.

 

Followed advice and sent 'rights of appropriation' today requesting to protect the refund in order to meet my living costs (mortgage / utilities / council tax).

 

Also CCA'd my 3 exiting accounts which currently have arrangements on them. Lets wait and see!

[jowalshy]

good luck madh21

[madh21]

Hi.. 14 working days now passed and I still have not had refund. Phoned them and they just said they are so busy and its taking longer. Should I start court action?

[Guest Mumofthreeboys]

What letter did you send? Was it the LBA? If so, yes, court action.

[Bigmac versus]

14 days since what, the prelim or lba?

if it was the prelim then send lba

if it was the lba then start court action.

 

May i also say this information is very basic stuff and is easily found in the FAQ's, please have a read in there as this will help you in your claim.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

[madh21]

They received my letter of acceptance of offer to refund 15 working days ago

[madh21]

Ahemmmm!!!! I am very aware of the basics thankyou.. I wondered what I should do next!!!!!

[Bigmac versus]

Ok the problem is that without knowing your history we arent aware of the basics surrounding your claim, have you another thread in relation to the history?

[madh21]

Ok

sent prelim - received standard letter

sent lba - received offer

accepted offer - returned acceptance form

told would be in account within 14 working days - has not happened!

been told it will take longer due to amount of similar cases

[Guest Mumofthreeboys]

Ahemmmm!!!! I am very aware of the basics thankyou.. I wondered what I should do next!!!!!

 

Is that not a contradiction in terms?

[madh21]

I thought this site was supposed to offer help??????