Anitaxx v Halifax - SETTLED IN FULL

[Anitaxx]

The halifax has now phoned me and told me the remaining amount has been credited to my account.

 

The main problem was signing the form and them playing god with my money while I am phoneing them, running down to the branch.

 

Bloody Ridiculas!!!

 

Sorry for not making my posts clear

 

I will wait till the money has been made available.

 

But with all the problems I have had all week, I would of preferred going to court and fighting it out there if it came to it.

 

Halifax Plc are a Disgrace! to be recognised as a trustworthy Fianancial institiute

[MARTIN3030]

I think what she means is whats the position with the amount outstanding ?

 

As this was only a verbal agreement over the telephone She did sign an acceptance but they have not paid all of it.

 

If she writes to the court to stop the action...whats to stop the bank keeping the difference ?

 

If it does go to court the bank can show the signed acceptance letter.

 

Think the best course of action is to contact the person handling the refund and get them to put in writing their intentions to complete the full refund.

[Anitaxx]

My english is crap

 

my claim was for 290, they offered me 270 -( 20 short )

 

They sent me two acceptance forms for this amount.

 

One acceptance form they lost and one form, for the lesser amount they credited my account with. After i told them I needed the whole amount to be credited to my account not Just part of the agreed offer of settlement

 

I have waited all week for them to credit my account with remaing amount of the agreed settlement.

 

Because I was fed up off running around all week after them.

I wanted to carry on with my claim and refuse the agreed offer of settlement.

 

I had not stopped my claim, Because they had not paid the whole agreed amount into my account.

 

Does anyone understand me :?

[MARTIN3030]

looks incredibly suspicious ...............they lost the form with the higher amount ?

 

But as its been generated by THEM they must have the details on their system

 

Obviously they can now claim that they have no signed record of your acceptence.(for the higher amount)

 

If they cant get another copy for you to sign by June 9th then what ?

[Spiceskull]

I had not stopped my claim, Because they had not paid the whole agreed amount into my account.

What you do depends on what they agreed to pay, and what you agreed to accept.

• If they agreed to pay the full £290, then yes, continue until this has been credited to your account
  
• If they agreed £270, and you signed acceptance of this, then if the money is in your account you need to stop the claim
  
• If they agreed £270, and this is not in your account you continue until it is in your account
  
• If they agreed £270, but you signed and insisted on £290, then continue with the claim

Sorry, but these are the 4 options I see from your posts, and only one of them applies. What you cannot afford to do is let a claim that has been settled continue...

[MARTIN3030]

sorry June 14th.

[Anitaxx]

Thanks, I thought I was going mad.

 

I wasnt after the 20 pounds that the offer was short of.

 

They had only paid a small amount of the agreed settlement.

 

When I say I have been running around all week trying to find out why so many co*k ups had been made regarding the remaining amount and the form. I mean it, I havnt stopped phoneing them, because they have been stalling with me..

 

So what I wanted to do was, If Poss was to retract the acceptance forms and take halifax for the remaing amount to court. On my Original claim, But just to amend the amount I was claiming for.

 

And because I am highly P***** off I wanted to try and claim the interest I had not originally included + costs incurred during this whole process.

 

While they still sit on thier backsides acting as if they are doing favours for people

[MARTIN3030]

Anyway if they have LOST your signed offer of acceptance then how can they prove you have accepted?

 

Whats the betting that this will quickly turn up now ??

 

 

[Anitaxx]

Sorry, but these are the 4 options I see from your posts, and only one of them applies. What you cannot afford to do is let a claim that has been settled continue...

 

I have had the letter written to hand into the court from Monday this week to stop the proceedings, But couldnt hand it in, because they hadnt paid the full agreed amount into my account.

 

I didnt want to risk stopping the claim untill the settlement had been fulfilled.

 

It all seemed like I was losing out, even though the remaining amount of the settlement been credited to my account a little while ago, From what i had been told about 40 mins ago.

But it still isnt showing in my account

 

I just think all the hassle I have had with the halifax this week has caused more problems, then the original plan to attend court to re-claim the refund

[Anitaxx]

Anyway if they have LOST your signed offer of acceptance then how can they prove you have accepted?

 

Whats the betting that this will quickly turn up now ??

 

I had to go to my local branch where another form had been faxed over so I could sign it, and then the form was to be internally faxed back to the customer relations dept

 

This took all day, from 10.30am till 3pm

[Spiceskull]

I wanted to try and claim the interest I had not originally included + costs incurred during this whole process.

Anita,

 

You need to take control of this before you lose control of it. YOU raised the claim, not the bank. The FAQs explain very clearly how to raise a claim. They explain what you are claiming, costs, interest and everything else, and also how to do it. You chose not to follow that advice...

 

If you now retract your claim, and raise another, two things will happen.

• The process will start all over again
  
• The court will consider that your claim is frivolous and you will probably lose

The small claims court is there to help "the little guy" right a wrong. It is NOT there to be played around with. If The bank has offered £270, and if you have signed acceptance of this, the VERY BEST thing for you to do now is to accept the money, and close the claim when the money is in your account.

 

Sorry if this sounds harsh, and if it means you lose the £20 and interest, but the correct steps have not been followed, and you need to come out of this as some sort of winner rather than none at all. As I said above, this is YOUR claim, and any efforts that you put in, such as calling the bank, are entirely your responsibility and not the bank's. You need to accept this.

[tryitnow]

Example of letter:

Halifax plc (Address)

Customer Relations

P/O Box 548

Leeds

LS1 1WU.

Friday, 09 June 2006

Ref: (roll number)

Dear Sir/Madam

 

 

Over the past six years, my account has been charged £1297.00 for exceed my overdraft etc. It has come to my attention that this is unlawful at common law, and under statute and recent consumer regulations.

 

In the terms of the contract, which you agreed to at the time that I opened my account, it is implied that you will conduct yourselves in a manner, which complies with UK law.

 

I require full repayment of these charges, which has calculated at £1297.00, interest of £312.83 (8% APR), current postage charges £9.90 (x2 Special Delivery letters @ 4.95 each) and a £5.00 charge for Halifax having to produce a statement of charges. The total cost as at the 09/06/2006 is £1623.83. I also ask you to remove any default notices on my credit record that are related to these charges. A

correction or amendment to the entries is not acceptable.

 

If Halifax does not comply fully within 14 days, I shall begin a claim for the full amount, plus interest and costs, plus a claim under ss.7 and 13 of the Data Protection Act 1998 without further notice.

 

Furthermore, I shall submit to the OFT a complaint under the Consumer

Credit Act 1974 upon the basis that Halifax has failed to comply with their

direction of 5 April 2006 and are therefore should not be holding consumer credit license under the 1974 Act.

 

Yours faithfully

Adam Banbury.

Then: -

The reason why you ask for default notices to be removed is if you

defaulted on a charge. It's not fair that your credit record looks bad

because of an unfair charge. If you're sure this hasn't happened to you, you

can of course remove all the text in italics. If you include the text in

italics, make sure you de-italicise it first!

 

Again, I'd follow-up this letter with a call a few days later.

 

3. The response

 

If my bank doesn't respond in two weeks I'm going to give them a call.

They may offer a full refund, which would be fantastic. If they offer a

partial refund, I'll tell them it's not acceptable and write another letter

telling them so.

 

If the bank tells me that they'll get back to me later, I'll write to

them saying that I'll allow them just 14 more days before I take them to

court. (I'll attach a court form too, see point 4.)

 

If the bank tells me the charges are not unlawful, I'll ignore their

bluff and stick to my guns. So far, the banks have paid out in full before

going to court in almost every single case, so clearly they know they're

wrong.

 

4. Wave court action in their faces

 

If they still haven't settled, I'll download a county court claim form

called an 'N1' from the internet. I'll write the history of what happened on

the form and quote the relevant law. Then, rather than issuing the form,

I'll send it to my bank. With it I'll enclose a letter saying that I shall

issue court proceedings in 14 days if they don't agree to settle in full.

I'll also enclose bank statements as supporting evidence.

 

You can get the claim form and related guidance here.

 

5. Take court action

 

If they don't pay, I'll then issue court proceedings. This sounds

scary, but it probably won't even get as far as court anyway. My experience

of small claims (claims of less than £5,000) is that big businesses that are

in the wrong will often let it get right to the point where court

proceedings are imminent, then they'll pay up. You don't need a solicitor at

the hearing if the claim is less than £5,000, as it's all rather informal.

It'll cost around £130, which I can add to my claim. If I lose (and I'd be

very surprised if I did), I won't have to pay the banks costs unless they

can show that I've acted unreasonably. Which I won't.

[Spiceskull]

.ads - is this letter relevant to this thread? If so, please explain how. :-|

[Anitaxx]

I understand this, it just makes you feel when you are running after people that you want more back.

 

Unless I did put this claim in originally, it was a long shot to add it now, but I would of liked to of been able to

 

Well it is a case of just waiting then for the account to be credited.

 

But they have been stalling all week and somehow it seems that it would bennefit them.

 

Can a mod close this thread please.

 

Thanks for your advice after the misunderstandings.

We got there in the end.

 

Once the money is in the account 270 up and just a loss of interest.

 

Thanks again for your help.

[Spiceskull]

Well it is a case of just waiting then for the account to be credited.

But they have been stalling all week and somehow it seems that it would bennefit them.

Can a mod close this thread please.

Thanks again for your help.

I'm pleased that this is going to be settled. Let us know when the money has been credited, and we can close the thread for you.

[Anitaxx]

Hi

 

After all the confusing posts on this thread. Halifax has settled the claim.

 

thanks for the mods help & advice

 

I have filled out the survey will make donation to.

 

Thanks again

[blinkyblinkyblonk]

well done anita

 

congratulations x

[MARTIN3030]

Nice one...........after pulling so many stunts they finally ran out of excuses..............you saw it thru though and deserve a big pat on the back

 

 

Well done Anita !!!

 

 

[Anitaxx]

This topic was closed on 09 March 2019.

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