MollieUK v Halifax

[MollieUK]

Hi

I got my statements etc and sent the first letter and received the usual 'it will take 8 week' as a reply.

 

I then got the information I needed from this wonderful site and sent the Letter Before Action one to them by registered mail and on Friday received a reply stating that 'they are still working on my complaint but as yet it is not resolved but it will be no later than 13 June'

 

Another 4 weeks!!!

 

Now should I wait or start court claim?

 

I have had a right tussle with them last week as my maintenance is always paid in on the 6th of a month but sometimes a day or two out if the 6th falls at a weekend. Last weeks bank holiday threw everything out as it always does and which I have no control over but the d**n bank did not pay a DD of £23 on the Tuesday because ''THEY'' hadn't cleared my maintenance into my account because of the BH!! aarrgh

 

Of course they charged me £39 and when I phoned them to ask for it to be removed they would not. Worse thing is that they intend to take the money on Monday 15/5 when I only have £18 going in which is Child Benefit, daft as it may sound but that £18 keeps me going until Thursday when I receive my WFTC (my wages only cover bills so I live on WFTC). I told them all this and was virtually begging them not to take it as it would leave me with nothing. Not a chance! Not only that but by taking it they make me overdrawn.

 

I then lost my rag and stated that I would be making my court claim this week and their behaviour this week would be told to the court and I put the phone down.

 

Later when I had calmed down I decided to phone again to at least get the date changed when they would take the money and to ask for it to be left until the end of the month when my wages are paid.

 

I had a lovely young lady on the phone who listened and then just said 'I've taken it off, probably shouldn't have, but I have, and besides it is pointless charging you as you will claim it back anyway'

 

I would love to name this young lady but I don't want to get her in trouble, but thank you so much. It is ridiculous that in 2007 people are still living hand to mouth but that is the way it is for some of us, however, this young lady made me realise that there are still some decent people around.

 

:)

[**Tilly**]

hi mollieuk if you have sent your prelim and your lba yes you should start filing court papers i got same letter with 15th june on my papers are going in on monday i used the n1

[sea-sidelady]

You need to follow your own time line. 14 days is plenty between letters. So ignore that letter and file at the end of your 14 days. Also if you do incur on more charges you can keep adding them until you file.

 

It is nice to see a handful of the staff are starting to be a bit more understanding.

[mackem67]

Hi mollie, I'm not entirely sure about this but I thought the bank couldn't take benefits to pay charges??

Can anyone help with this>?

[sea-sidelady]

They dont care where the money is from, they will just take it.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

 

You can always send this letter.

[MollieUK]

Been there done that, they totally ignored it!

 

I also phoned the Child Benefit Agency and as the money was already in the system ready to be paid into my account on the Monday, I was told there was nothing they could do, in fact, the 'lady' I spoke couldn't care less!

 

Still as the Halifax has one decent member of staff who was prepared to help even putting her own job on the line, I can only be thankful for that.

 

I had to laugh tonight whilst watching the TV and the newest Halifax ad came on, I watched it and wondered how much money has that piece of naff c**p cost us???

 

Cheers for the words of wisdom anyway.

[MollieUK]

Today I have received a rejection letter for my charges from the Halifax. In short it states that my charges are for having insufficient funds in my account at times of payment, I might add that not all of this was down to me as I am tied to when payments are made from work, CSA, Tax Credit etc once a bank holiday comes along it messes it all up.

 

I have online internet banking since inception so I never received any letters through the post, everything is online. They quote guidelines on credit card default charges and state that this does not apply to bank account charges and they are perfectly within their rights.

 

Have I lost out on this? Has anyone else had this and what did you do next?

 

Advice appreciated please

[moneyhelp]

Have you sent your LBA yet?

 

If you have and still no joy... it's time for court action http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

[MollieUK]

Hi Moneyhelp

 

Yes, the LBA was my second letter to them, this was their reply which must be a standard response as some of the reasons given quoted things that were not on my letter to them??

 

OK will start the next stage now, cheers for that.

[moneyhelp]

Any problems just shout ok and someone will advise.

 

Good luck!

[MollieUK]

Made my claim to the court and received their notice today. Judgement served on 29 June and they have to respond by 13 July, it has been a long winded process but without the guys/girls on here, it wouldn't have happened.

 

Fingers crossed everyone!

[**Tilly**]

great news keep us all posted

[MollieUK]

Hi

 

I have received a letter from the court today to inform me that Halifax are to defend and have 28 days to prepare their defence.

 

Has this happened to everyone who has submitted a court claim or will I now have to go to court or is this just their way of delaying things??

 

The other thing that puzzles me is why they pay out for some and not to others??

 

[sea-sidelady]

Yes this is normal.

 

It means they have 28 days from when your claim was deemed served.

 

If according to form they should pay soon. Keep a check on your account as the money should just turn up.

[MollieUK]

Thank you Sea SideLady for the info. The papers were deemed served on 29 June so maybe it is getting a little closer as the time will be up by end of July I think.

 

To be quite honest it is about time the courts started slapping fines on the banks as they virtually have no intention of defending the claims and pay out, just how much wasted administration and court's time are they wasting, it really is wrong and just cluttering up the system.

 

[MollieUK]

Update:

 

Today received a settlement letter which reads as though they are doing me a favour?

 

However, I phoned the number (it worked!) and spoke to a very nice gentleman and stated that I would not be accepting the amount offered as it would be silly of them to admit part but not all of the charges levied by them.

 

He stated that he couldn't find all the information for the last 6 years and would I be so kind as to send 'him' the statements I had received from 'them' so that he could check again!! I politely pointed out that the statements I received from 'them' were on his computer system!

 

He did try other methods like 'well you may have moved banks and come back again', 'you may have more than one account' etc, again I stated that 'No sir, I have been with your bank for at least 15 years with the same branch'.

 

Needless to say that I ended the conversation with my non agreement of the settlement and looked forward to hearing from them before the 28 July.

 

Light at the end of the tunnel at last thanks to this forum and the people on it. Cheers

[MollieUK]

Advice please.

 

I have looked into my account today and they have deposited the amount they decided even though I phoned yesterday stating that I am refusing that amount. What should I do now??

 

[sea-sidelady]

You send the rejection letter.

You can either accept this as part payment or tell them you will only be accepting the full payment.

 

Was it just 1 deposit?

[MollieUK]

Hiya

 

No it was two cash deposits but they added up to the amount stated in the letter. I have posted my rejection letter this evening stating the same as on the telephone to them yesterday. If the amount had been much nearer I probably would have settled but it is some £800 short! He gave the reason as " he couldn't find all the charges I listed so his calculation was based on the ones he did find". I said he should use the same computer system as the one that printed off the 6 years statements

 

It is sooooo annoying having money in my account that I can't touch!! lol

[sea-sidelady]

Are you sure the amount you have is the correct amount from your statements.

You might need to double check.

[MollieUK]

Hi

 

No the amount put into my bank account is the same settlement amount they have offered me not the amount they owe me. Hope that makes it a bit clearer.

 

 

Hi again, have double checked all my statements and the amount I am claiming is correct, in fact between March 2000 and February 2001 they had charged me over £600!!

[Dusary]

Then you just keep going!

 

The *goodwill* gesture letter came to me as well, and 5 days later their figure was in both my accounts. But that didn't matter, because (as you were advised above) I sent off my (TWO) rejection letters and a further claim on another account!

[MollieUK]

I got another letter today from Optima Legal Services who are working on the Halifax's behalf, it was a copy of their defence.

 

However, the amount they say were credited to me are different to the letter from the halifax and from the cash amount put in my account.

 

The letter ends with 'the claimant is put to strict proof of the same', meaning the rest of the money that I am claiming.

 

I have all my statements from them from March 2000 to March 2007, they supplied them, are they really that stupid??

 

I am wondering whether they are trying to pull a fast one here and state that the six years only counts from 2001 to 2007 as that is when I staked my claim. From March 2000 to February 2001 they charged me in excess of £600, this is the bulk of the claim. My claim would be that until 00:01 on 31 December, 2007 is the present not the past.

 

Any advice O wise ones!

[sea-sidelady]

Ok if you got a copy of their defense, then we need to double check things.

 

You should soon recieve an AQ to fill in, and a court date.

 

You need to recheck your statements, and make sure the money you state is the correct amount.

You say they are £800 short. Is this from the charges?

 

When they put 2 amounts in the account that is their payments.

1 for the charges and 1 for the interest and court fees.

 

So are you saying between you, halifax, and the sols, there are 3 seperate amounts.

 

You need to be 100% sure on your figures.

[MollieUK]

Hi Sea-side Lady

 

After your post last night I got the statements out and checked and double checked just to make sure and my calculations are correct and in black & white on the statements. In 2000 alone they took £600+

 

The letter from solicitors states:

 

"refunded £699.14 to the account for charges to the account in the last six years"

(the halifax man yesterday stated that he couldn't find any?)

£394 are charges

97.27 in interest

£120 is court fee

£87.87 is an additional amount in respect of the ongoing interest?? the letter also states that the claimant has failed to provide particulars of how this figure was arrived at, I attached an excel spreadsheet with month, day and charge, taken from their/my statements.

 

The Halifax letter stated a refund (without admitting liability?) of £611.82, that is exactly what has been deposited into my account.

 

I am happy to go to court as I have the statements in my hand, how can they refute them?