Anitaxx v Halifax - SETTLED IN FULL

[Anitaxx]

Hi

 

Was hoping someone can give me some information.

 

Requested and recieved statements, But in the process I had sent the premilery letter as I was getting nowhere with recieving the duplicate bank statements.

 

Have now a recieved letter stateing

 

"In regards to my enquiry about manual intervention on my account, bank charges are automatic and no manual intervention takes place"

 

Can anyone tell me if it seems like Haifax are trying to confuse the situation by any chance ??

 

what do I need to do next?

 

I take it I might need a template to edit and send with the actual amount that I have been charged, to Halifax to notify them that I will now be taking this to court

 

Not too sure of the next step I need to take

 

Would appreciate any suggests...

[Bookworm]

How?

 

They've just admitted there's no manual intervention, that's it. What's the problem with that?

 

I'm sorry, but your post is not very clear. Do you know how much they have charged you?

If yes, and (if I understand you rightly) if oy have already sent them the prelim, then send them the LBA with the amount they owe you.

 

I don't think you have read the FAQs thoroughly enough. You need to know what you're doing.

[Anitaxx]

I didnt understand what the letter meant, what does that mean no manual intervention?

 

Ok from what I do understand, all charges made onto my account were done automatically through their system... Isnt that obvious? and on the odd occasion they Can manually cancel a charge

 

But i already know that, So why would they feel the need to state that as a fact, and the only fact in their letter with no mention of looking into the situation ?

 

Thanks for your suggestions but it seems that if anyone on here is slightly confused, advisors get the hump, I thought this site is here to support people not give them a telling off for not getting the correcct answer.

 

Sorry if this seems abit harsh but its not the first time I have seen hasty comments from someone giving advice or info.

 

I do understand that it is important to get all the facts straight of course, it is my money not any body elses, hence, why I want to make sure i understand everything instead of just reading and not really understanding the facts given

 

Thanks anyway

[snoopy71]

I think what Bookworm is trying to suggest is that you go to the FAQ thread and look for Step by Step Instructions makes sure your settings allow you to look at all threads so you can definitely find it.

 

If you follow this guide to the letter you can't really go wrong. Also you need to read other peoples posts as often they will have asked the same questions you are thinking of. By doing these two things you will gain a better understanding fo what you need to do/not do.

 

Not wishing to speak for anyone else however......The "Hump" comments probably come about because the moderators are answering the same questions again and again. The Information is out there I promise just read through the posts and FAQ's you will get there.

 

If you read these details you will come to realise that the letter you received and it's clear statement of the fact there is NO manual intervention is good news.

 

It means that the bank are not charging for a service (its automated) they are just penalising you which is against the banking code.

 

So now you can claim back all charges made by your bank over the last six years as per instructions on FAQ thread. Hope that helps im new to this myself.

[Anitaxx]

In the middle of my county court claim, recieved a letter today from Halifax with a settlement acceptance form, Less than quater of what they owe me.

 

I phoned the relevant dept, and said I was going to refuse the suggested offer,

I then told them, that I had already processed a county court claim to recover the charges.

 

The lady I spoke to was unaware of this, as I had sent the claim to my local branch.

 

Anyway, She said that they can make another offer as a compromise, But can not offer me the full amount.

 

I have calculated that they have charged me 290 Gbp, in unlawfull charges, I was offered over the telephone, 270 Gbp.

 

The bankers offer - 'Deal Or No Deal'

 

Just waiting for the acceptance forms, then I would say, I have had my charges refunded back to me.

 

Just one question though before I accept.

 

I had put in a claim for two accounts, I had with the halifax, They have made me the offer co-inciding with both accounts, The problem is they have offered me more money on the account, that they applied less charges to, Would this mean anything to them llegally, as I had put in a smaller claim for that account?

 

If I accepted the refund, would I then be going againgst my own claim, by accepting a payment more than requested for that particular account ????

 

Thanks for any suggests

[Anitaxx]

**bump**

[jonni2bad]

Hi

 

If you have already started court action, then let that proceed, otherwise accepting their offer 'before court action' would mean you paying to file in court and not receiving those costs back.

 

I'm still slightly confused by the above, maybe because it's late and I'm tired, but could you just simplify the question a little?

[Anitaxx]

Luckily I was excempt from the fees, so I have nt lost that court fee.

 

Bascially I was owed 30 on one particular account

 

When I phoned I was offered 60, instead of the 30 that I had claimed for that account.

 

I wanted to make sure that it isnt illegal or something for me to accept this 60, as I stated clearly it was only 30 they owed me from that account !

 

Why are they offering me 60 on that account when it was clear that it was only 30?

 

Or does it not matter......... Or have they calculated that they owe me more than I have actually claimed for?..........

 

Thanks for any suggests.

 

Anita

[MARTIN3030]

Its a little strange this one (unless they are giving you back their next charge early )

 

Seriously you would think for twenty quid they would settle in full their logic must hide some sinister reasons

 

I have 2 claims in the frame with the RBS for sep accounts I will be interested to see how they deal with mine.

 

For the extra 20 quid personally I would hold out as you have come more or less all the way.

 

I would not give them the satisfaction of keeping the 20 quid they owe you.

 

Just my 20 quids worth mind you

 

 

 

[Anitaxx]

Yes The funny thing is, that 20 I have calculated to be, 10 gbp of charges for the statements that I had requested & 10 for two copies of cheques i requested due to a dispute over bank charges..... So.....

 

I think I will accept, I have recieved the new acceptance forms today, will pop in the post today.

 

I do agree though 20 short is a little strange considering they said they can not offer me the full amount.

 

I just wouldnt want them to turn around and say ever come the occasion, that I illegally took a refund from them, for an account that I was not owed that actual amount

[MARTIN3030]

But as these are both charges that you have incurred in the process of obtaining a refund...............................

 

ahhh well congrats on your success !!

 

 

[Anitaxx]

Hi

 

Well Due to my telephone conversation with a Customer relations manager, I have been offered my Refund 20 Gbp short.

 

Recieved Acceptance forms in the post , I have signed and posted them back recorded delivery today.

 

So I would like to say a Thank you to the Mods of this site who have maintained the Info, Updates, Advice, Support And the templates, of which I would of been compleatly stuck without.

 

Thanks again

 

Once the money is in my bank I will make a donation as a thank you.

 

*Bump*

[natalie]

Congratulations and well done.

 

Dont forget to fill in the survey and I'm certain that the donation will be appreciated greatly.

 

Natalie

[jonni2bad]

CONGRATULATIONS

This is great news, well done.

Would you please fill out our survey - HERE

(and don't forget we can only survive if we get donations!! cough cough)

[Anitaxx]

Hi

 

Halifax have made me an offer to settle, 20 short of original request, you might remember my thread.

 

Well they have made more cock ups in the last week then I can imagin and I need some advice.

 

Basically, the acceptance forms were sent and recieved on Mon,this week. But one of the forms had gone missing .... This form was for the most of the settlement, , convieniant!!!

 

I told them that I could NOT accept part payment, Either I have the whole amount cerdited to my account or nothing at all.

!!!!This was ignored!!!!

 

Part payment went into my account yesturday without my permission, though I did the sign the acceptance form for this amount.

 

I went into my local branch again yesturday to sign and internally fax over another acceptance form for the rest of the amount. This was to be credited straight away into my account.

They have given 28 pound extra for inconvieniance on the other accepatnce form

 

I gave it A couple of hours, And yet still it wasnt there or even showing as a transaction

I have phoned the customer relation manager who was dealing with the settlement, this morning and she has told me that the person who was meant of credited the account has made an error and hasnt done it.

 

She has now told me that It will be done today but will not 'show up' untill tomorrow !!

 

Normally you have to wait till after the weekend for credits to show up as available.

 

The other thing is on June 14th they would have defaulted on the claim that I have made againgst them, as they have not even achknowleged the claim

 

I actually want to stop this settlement going through and take it to the court as I have been running around all week, due to their mistakes and I am still not bennefiting, Well 28 for my inconvieniance !!

 

I was told through telephone banking that when a crdit has been made from the halifx into someone 's account, it gets credited and made avail straight away.

So what is really the hold up???

 

Does anyone know if I can stop the settlement going through and carry on with my cliam Or is it too late???

 

Need some advice ASAP as they are phoning me in 20 mins !!!!!!

 

Thanks in advance

[callumsgran]

eeek!!! sorry i dont know what to suggest, if it were me just tell them you are still going ahead with the claim (then just adjust settlement figure in court?) they have stalled you long enough i.e ignoring letters, losing papers. thats what they would do to you if the tables were reversed! hope this helps Diane x

[Anitaxx]

Thanks

 

going to phone them now. They didnt phone me went theey were meant to, More expence !

[callumsgran]

let me know how you get on? best of luck!

[Anitaxx]

Thanks

 

Imactually waiting for the halifax seinier L. to phone me back.

 

Stalling isnt the word.

 

The only problem is I was told by the county court I can not ammend my claim, in the amount im asking for, as I didnt include interest, want to get all my phone calls back !

But I have to now as they have already paid some money into my account.

 

Do you or anyone know where I stand llegally in regards to signing the acceptance form and then retracting it?

 

 

MODERATED please keep to your original thread when updating

[Janet-M]

Have you stopped your court claim ?

 

What exactly did you sign ? what was the terms ?

 

We always advise people that when accepting any settlement to make it clear that you will not stop the claim until the money has been credited to your account.As this is a familiar story.

 

I would stop phoning them , unless you are recording the call.

 

As was pointed out to you right from the beginning

 

I don't think you have read the FAQs thoroughly enough. You need to know what you're doing

.

 

this is why you have now come unstuck and why we stress it's important to read the FAQ's

[Anitaxx]

Hi

 

I understand 100% what you stress about reading the Faq's and I can tell you I havnt messed up my case Yet!!

 

Ok

 

I have not Stopped my claim, If they do not achknowledge the claim by the 14 June they would have defaulted

 

The only forms I have signed is two acceptance forms for settlement -20 short of my full refund.

 

They have ignored my request to, Only Credit the whole amount, to my account.

Even though I did state to them that I was NOT going to stop the claim untill I recieved the whole settlement into my account

 

They have credited part of the settlement, hence -one acceptance form that they did have, I did stress to them I was refusing for them to this

 

So with part settlement in m yacc, I have been waiting all week for them to credit my account the remaining amount, and they are claiming there has been errors. and that it will show up tomorrow on my account, but Obviously not available to cash out, untill it clears. Probably Mon or Tue.

 

The original offer was agreed on the 2nd June.

 

If you read my long winded post on thier C**k ups you will see that they origianlly lost the acceptace form etc.

 

Other than carrying on with my claim, I need to amend my claim, for the amount. I am been toild that I cant and then I can.

 

Feel a little stuck

[barracad]

The only forms I have signed is two acceptance forms for settlement -20 short of my full refund.

 

If you have agreed a settlement for less than the full amount of the claim why are you continuing with the claim?

 

And why are you trying to add more on to the value of the claim if you have agreed a settlement?

[Anitaxx]

Ok

 

1 - This offer was agreed over the telephone. Halifax has Not achknowledged my claim.

 

2- I agreed to the offer even though it was 20 short from my original request.

 

3 - They have paid part of this agreed settlement into my bank account, against my verbal consent!!. They have a signed! acceptance form from me for this to be credited.

 

4 - They have not paid the remaining amount into my bank account , which was promised at the beggining of this week.

 

5 - When they do decide to credit me with the remaining amount

I want to refuse it because I have been running around like a blue a*s fly all week trying to get this sorted out and dont think I should be doing this, even now i am still awaiting a phone call from halifax

 

 

I needed to amend the claim to deduct the amount they have paid me.

Because I forgot to add interest I wanted to apply to add this on to the amendmant

[barracad]

3 - They have paid part of this agreed settlement into my bank account, against my verbal consent!!.

 

Surely paying it into your account is quicker than giving you a cheque?

 

5 - When they do decide to credit me with the remaining amount

I want to refuse it

 

But you've already accepted it as final settlement - you can't change your mind.

 

I needed to amend the claim to deduct the amount they have paid me.

 

You can't agree on an amount as final settlement, then take them to court for the remaining 20 quid - that is why it is called final settlement. You need to cancel your claim if they have settled.

[Spiceskull]

Anita,

 

You need to be very clear in this. You have either accepted the settlement or you have not.

 

If you have, then you need to let the court know that the claim has been settled to your satisfaction. If the bank thinks that you have accepted settlement, there is no reason for them to acknowledge. You raised the claim and the onus is on you to stop it once settled.

 

If you have not accepted their offer (and from your posts it is hard to work out whether or not you have) then they have until (14th) to acknowledge the claim. If this is the case, then you need to be crystal clear with the bank about what and why you are accepting.

 

If you are accepting part settlement, then let them know this, and confirm that you will pursue your claim for the remainder.

 

The reason I say that you must be clear is this comment from you:

The only forms I have signed is two acceptance forms for settlement -20 short of my full refund.

I would interpret this as you having agreed settlement, and as such you should contact the court. Sorry if this sounds harsh, but you have been advised by no less than three moderators that you should follow the steps outlined in the FAQs.

 

For £20, to continue claiming at the same time as accepting settlement (see the comment above) would indicate to the court that you are not sure of what you are doing...:-|