Help Need Please!!!!

[curly girl]

HELP NEEDED!!!!

 

I received a letter in response to my LBA (I waited the 8 weeks for my response as due to personal probs I didnt have the time to take court action after the 14 days) Anyway the letter I have received says that my claim has been rejected. It says that they have carried out a full investigation of my complaint and they are satisfied that the charges have been correctly applied.

 

It goes on to say that when I opened the account I agreed to their terms and conditions which explained about the charges if I did not keep to the terms of my account bla bla bla It says that the charges I am asking themt o refund are their fees for the additional work that they carried out when a customer rquests a payment without suffiecient funds in their account. It also said that the OFT guidelines do not apply to bank account charges.

 

Please advise as to what I should do now?????? Has anyone else received a similar letter?

 

Thanks

[kgrant]

i recieved the same letter last week just go ahead and file the court papers i have, it seems to be the new standard letter they are sending out seems quite a few people have got the same letter

[casperdog]

I phoned the halifax today and there is a letter in the post to me. It was read out over the phone and seems to be the same as you have received. Looks like a new 'standard letter'. I was also told categorically that the OFT guidelines do not apply to bank charges they are definitely only applicable to credit card charges???!!!!!! I had asked for a breakdown of charges applied to my account and there is something in the letter along the lines of it being sensitive information that they cannot divulge.

 

Just feeling gutted can't afford healthwise or financially to issue court proceedings at the moment.

[sea-sidelady]

Is there a chance that you might be exempt...

 

http://www.consumeractiongroup.co.uk/forum/helpful-external-links/63-county-court-fees-exemptions.html

[Jazz0867]

I received the same letter but submitted my N1 anyway. I won't let them try to bully me into backing off which I think is the total purpose of the letter!

[casperdog]

Unfortunately I am not exempt and agree it is bully boy tactics by the halifax. No doubt they are hoping I will just accept their letter and go away but I won't.

 

Maybe I will have to go the financial ombudsman route and I see that of all the cases they have dealt with the banks have decided to pay up as a 'gesture of goodwill'.

 

I have been searching this wonderful forum and wider afield trying to find some reference to the fact that the OFT ruling is relevant to banks and not just credit cards - the Halifax won't budge on this issue but I am sure they are wrong!

[c_allen]

the oft report is only of minor importance to our claim, don't waste to much time on it, the real issue here is that the charges are unlawful, you'd be better spending your time looking at the utccr, and the common law precidents that have been set. the banks are trying [and succeeding] in clouding the real issues, the oft report is useful but not really all that important, save up the money to start proceedings, it's well worth it, i'm £6555 betters of now, have you thought about claiming CCI??

[casperdog]

Many thanks for that

 

I did use a template letter from here that quoted the common law precidents but Halifax seemingly ignore! Letter I had read over the phone did not arrive today so waiting to see exactly what it says but I will get there in the end by hook or by crook.

 

I have done a spreadsheet with 8% interest ready for court action but need to go back and re read all the info about contractual I think!

Off to look at UTTCR and thanks again for your help

[c_allen]

if you need any help with the cci just ask

[casperdog]

Thanks I really appreciate your offer. I also accept that the information is available on this forum and I am wary of asking questions that may be deemed as 'silly' or seen as being not prepared to find out the information for myself. Sometimes it's just a bit of a minefield and I end up going round in circles and getting nowhere fast!!

 

I will plod on and come back to you if I get stuck - thanks again

[c_allen]

we're all new at one time, so don't worry about ''silly'' questions. have a read of my halifax thread and you'll see we all start with little knowledge, but the more you read the better you understand, the why all the old hands keep saying read, read, read, it's not us being impaitant or anything, it's just the best way to understand what your doing,

[curly girl]

Thanks for all your help!

 

I have just phoned the bank to let them know that I was not happy with the outcome of my case and I would be taking it further. They asked if it was OK if they put my case back for further review to perhaps make an offer. I have said that was OK so will call back nearer the end of the week and hopefully the person on the other end of the phone will make me happy!!! If not I'm taking the financial ombudsman route!! I have printed lots of info off to read tonight so that I am prepared!!!

[barj]

Hi curly girl, I'm in the same boat as you, the total for my claim is £2029 and the total interest that I worked out is £864. After the prelim letter date 4th May I got the same reply you got dated 11 May. This appears to be a standard letter to try to put you off progressing the claim. The second letter was sent yesterday declining their decision. So I'll wait and see what comes next.

Make sure all your latters are sent recorded delivery, and their delivery can be tracked. Stick to your time scales (14 days).

I've been sending my letters to

 

Bank of Scotland

Customer Relations

PO Box 29112

Dunfermline

KY11 2ZX

 

The response I got back was from THOMAS LANGAN, Review Manager, Customer Relations.

[casperdog]

HI

The letter I had read over the phone last Friday arrived yesterday and indeed was saying they had looked carefully etc etc and they stood by charges - basically they are not prepared to offer anything at all!

 

In my phone call last week I said I would wait for the letter to arrive and then take it further. I was told not to bother writing again she would pass on the message that I was not happy.

Just got home and found a letter offering me half the amount I am claiming - as a gesture of goodwill of course!