Halifax Is Asking for 4-8 wks : Delay Tactics?

[sugary007]

I am a new member and am currently having a problem with claiming from halifax. I sent off for my statements dating 6 years backwards and have freceived them. On 5th April I sent off my letter requesting they refund default charges amounting to £1677 plus inetrest £250.56 interest accrued totalling £1,927.56 to me. On the 13th of April I got a reply from them which in part said, "Please note the complaint handling rules set by our regulator, the Financial Services Authority, gives us 8 wee3ks to investigate and respond to complaints.

 

............However, we want to ansure the issues you raised are thoroughly investigated. If, for any reason we are unable to to respond fully to your concerns within the next four weeks we will write to update you of our progress."

 

I am just wondering whether any body else got a letter like this and what to do next. Any help or advise will be appreciated!!

[delmorpha]

I posted this to update my post today but ill copy it here too as im a bit confused myself with regards to this practise.

 

I just called my local branch today to chase my rundown of charges as its just about come to the 40 day deadline and he was very helpful so I felt a bit guilty about shouting as he was a middleman more than anything else.

 

 

He had to call me back which he did pretty much straight away telling me that due to the increase in requests they are having some problems getting them out within the deadline of 40 days, some landing around the deadline and others a little bit after. Can they legally do this?! They had no problems taking my cheque on the 10th April...

[ladybird17]

Sugary007 - absolutely normal - go ahead and send the LBA - it's YOUR claim, not theirs!

 

Delmorpha - well that's tough luck on them isn't it? If they hadn't acted unlawfully in the first place then they wouldn't have all this extra workload would they? If they don't respond in the time-frame you should report them to the Information Commissioner, and send the DPA non-compliance letter in the templates section.

[delmorpha]

Brilliant, that will go out today! Thanks ladybird!

[sugary007]

Hi Lady Bird17, what's a LBA? I'm not stupid but new to this stuff. Sugary007

[ladybird17]

Letter Before Action. In the templates library.

But before you do, I'd suggest having a good read around the site, the FAQ's, some other threads,so that you begin to understand the process.

 

Keep posting!

[ladybird17]

Delmorpha - you're welcome, keep posting so we know what's happening - and it may be a good idea to start you own thread as it gets a bit confusing when there's 2 people on the same thread!

 

Good luck!

[sea-sidelady]

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

 

Here is the link to the lba letter, but as ladybird says, please read around a bit more so you know what to expect.

 

Read some threads, that gives you a good idea of how everything works out.

But if you do get stuck, just shout, some one will come along and help.

[delmorpha]

Delmorpha - you're welcome, keep posting so we know what's happening - and it may be a good idea to start you own thread as it gets a bit confusing when there's 2 people on the same thread!

 

Good luck!

 

Thanks again Ladybird, my thread can be found here

 

Delmorpha Vs Halifax PLC

[sugary007]

This is the letter or similar to the one I semt them. Their reply to the LBA is that they were investigating which would take upto 8 weeks. My letter wasposted on the 5th of April 07 which makes today their 14th day. do I send them another LBA, the one recommended by you? That is like giving them another 14 days, in total 28 days, but if that is what it takes to get my money, no problem. please respond and thanks for the help so far. Sugary007

[sea-sidelady]

Did you send the prelim first?

[sugary007]

The first letter I sent was the one asking for copies of my bank statent dating back 6 years. giving them 40 days to respond. They responded within the time frame sending me the 6 yrs history. I then calculated the various deductions worked out the daily interests and then sent them my second letter outlining they they had withdrew various sums of money from my account under as penalties for failed direct debits etc , attached a copy of all the deductions and ineterests calculated against each one on s daily basis, and aked them for my money back. In part it read, "I am writing to request that you pay all the default charges that have been applied to my account. I do not believe these charges reflect the true cost to Halifax plc of going into unauthorised overdraft or unpaid standing orders etc.......

 

I look forward to a response from you within 14 days. Their response was that they are ivestigating and that by rules laid down by the FSA they had upto 8 weeks to investigate and respond.

 

Where do I go from here?

[stanleymorgan]

I've had the same 8 weeks guff from my Halifax claim.

 

I'm wondering whether to let them have the time or send them a letter stating that they have until xx date.

[Aaronsdad]

If you sent the letter in the templates - You didn't complain!

 

You sent a claim to them!

 

On your terms and conditions!

 

To your timescale!

 

If only I could use the eff word I want to? Eff them!

 

We're in charge!!! Two weeks from receipt then go!

 

A D

[ladybird17]

Please don't lose sight of the fact that this is YOUR claim not theirs!!

 

Why on earth would you want to give them more time when you have quite explicitly stated what you want from them?

 

If YOU owed THEM money, and they wrote to you and asked for it within 14 days, and you responded with "sorry, bit busy at present, but I'll get back to you in 8 weeks or so" what do you think their reaction would be..............?????

 

I rest my case.

 

Either do it properly, or don't do it all, every time you delay or dither, they will spot this a weakness and play on it.

[sugary007]

Lady Bird17, thanks eversomuch for puting the fire in my veins and adding clarity to a situation which they are hoping will spiral out of control. They owe us, not we them so I,m going ahead with stage three.Their day of grace is over. These d--mn dogs do the crawling for a change. Thanks for clarifying everything. Will keep you posted. Sugary007

[ladybird17]

I know this can seem scary when you start off - and I won't pussyfoot around with people who dawdle and dither. Either you want your money back or you don't. And usually when I post a reply saying this, it fires people up - that is only my reason - I genuinely want people to get their money back.

What is the worst that can happen........? You don't get it back...now this is exceptionally unlikely, and would be very frustrating and unfair and you would be angry. Is that the end of the world?

 

Go, go sugary, and keep us posted. Good luck!

[ladybird17]

I know this can seem scary when you start off - and I won't pussyfoot around with people who dawdle and dither. Either you want your money back or you don't. And usually when I post a reply saying this, it fires people up - that is only my reason - I genuinely want people to get their money back.

What is the worst that can happen........? You don't get it back...now this is exceptionally unlikely, and would be very frustrating and unfair and you would be angry. Is that the end of the world?

 

Go, go sugary, and keep us posted. Good luck!

[tanglewood]

Hi, I have just received a letter as well saying they will make a response by 19th June. This is in response to my LBA. I have rung the customer relations and they say that they are legally entitled to do this under FSA guidelines. This is the second letter I have received, the first one giving themselves 4 weeks to reply. They say I cannot speak to anyone else in Halifax regarding this. So is the next step court action after the 14days are up from the time of the LBA or do we send another letter first?? Can anyone help??

[slammiman]

Hi Tanglewood!

I'm in the same position as you here (i'm guiding a friend through a process).

 

We sent a letter asking for the money back, without threatening action and they replied first by saying they would get back in touch within 14 days. Before the 14 days were up they have written again saying they will be in touch by 13 June!

 

I'm not hesitating in taking them to court, just not sure how to reply to the letter as I never threatened them before!!

 

If there saying that time scale is allowable by the Financial Services Authority, can I give them my own deadline?

 

Is there "8 weeks to investigate and responde to a claim" from when they first recieve our letter?! They have responded within that time, just not really investigated!!

 

Didn't have these problems before!!

[**Tilly**]

i had the same letter so as soon as my lba was up i filed court papers

[ladybird17]

Well, it's up to you what to do - but as you've registered on this site - I'm assuming you want to go down a tried & tested route, wth all the docmentary and moral support that a site like this can give, and claim back what is rightfully yours.

Again, I urge you to read around the site - all instructions are given in the right order, from the preliminary letter to the documentation you may need to complete if you pursue though the courts. So there should be rarely be a case of "I don't know what to do next" or "I don't know what to put in my letter in response" because IT'S ALL HERE!!

 

Even the spreadsheets do all the calulations for you, and you can even ask for a "court buddy" if by some remote chance you do land up in court.

 

Please read through everything, it will save you a lot of time waiting for people to answer your queries - and some won't reply to you because you are asking questions that are answered on the site, or making comments which point to the fact that you haven't read up on this properly.

[tanglewood]

Hi Slammiman

I sent a prelim letter asking for the money back and they responded saying they would look into it and respond within 4 weeks.

After the 14days given by me in the prelim letter I sent the LBA with spreadsheets.

They replied today referring to my original letter (the prelim letter) and saying they would respond to my 'complaint' by the 19th June.

I have rung the customer complaints and said that I do not have a complaint I have a demand and I want that put on the file. I just got 'I'm sorry you are not happy but under the guidelines we have 8weeks to respond'. They keep saying complaint not claim!!

The 14 days are up on the 23rd May and I am going to start court proceedings unless anyone can tell me differently. I do not know if the 8 weeks is legal or not.

I have asked who is dealing but they say I cannot speak to anyone about this so it looks like I have no option but to go to court.

[ladybird17]

No the 8 weeks is not legal, it's what the Banking code et al say, but there's no legality to it. Absolutely - put your MCOL or N1 in after the 14 days - the time-scales that are in the template letters are obviouly the ones to follow - otherwise there would be different time-scales in them! Good luck tanglewood!

[missy]

We seem to be going around in circles with this 8 weeks business. This 8 weeks nonsense is a complete red herring. If you have been following the threads in this and other bank areas you will see the banks come out with all sorts of guff to try and obscure the clear and simple process we have here. So I suggest you all ignore any obfuscation employed by the banks and stick to the clear timetable you set out.

 

1. get statements

2. work out charges

3. ask for money back give 14 days

4. send LBA give another 14 days

5. issue court summons

6. get the drinks in

 

I have had 3 successful claims and helped 7 other friends family and colleagues and each time the banks have tried to bamboozle us with guff so keep your blinkers on and don't get distracted.

 

good luck