Emma Vs Halifax * * WON * *

[emmamaw]

Hi Everyone,

 

I'm not new to the site, but this is the first time I've posted my progress. I found the advice to browse the site for a while before starting action very useful, as I felt that I had to be confident about what I was doing and why, just in case it got as far as court (unlikely, I know, but better safe than sorry).

 

Anyway, my first attack is aimed at Halifax. My partner and I have lots of their products, but that hasn't earned us any of their loyalty. Over the last two years, my partner has started his own business, we've bought a house, had our first baby and I've given up a well paid job to look after our daughter full time - which has all been very stressful and very expensive. Occasionally missing direct debits turned in to a downward spiral of charges, overdrafts, fees and more charges, and they have no sympathy at all. I'm not one to go in with sob stories - I've got my pride afterall - and I object to divulging all sorts of private information about my family finances when asking for a little leeway.

 

I plan to claim back charges from 5 current accounts and 8 credit cards from the last few years, but I'm wary of claiming on accounts that I still owe money on, in case they close the account and demand payment. I've worked out an order of action, where I claim back on accounts that are unused or empty first, then use the proceeds to pay off other accounts so that I can then claim back those charges. This way I should also significantly reduce my debts (can you tell I'm a moneysavingexpert fan - I owe it all to Martin!).

 

I've also set up new accounts with Alliance & Leicester, and transferred all my current direct debits and standing orders to them, so I have no dependance on my other accounts at all.

 

I've started action with my partner's Halifax account. He's had the account for about 15 years, but hardly uses it anymore. I had the statements for the last three years, and the charges came up to £600. I didn't think there'd been any charges before then, but I'm glad I got the last six years of statements as they brought the total up to £1030!

 

24/04/06 - I began with the DPA request, but as people have been charges different ammounts, I took it in to the branch to pay it. They didn't know how to take the payment for it, but had obviously heard about the actions as they didn't seem surprised or ask me any questions. In fact they were quite helpful, and offered to fax it through to head office the same day.

 

28/04/06 - I received a standard reply asking for the £5 cheque, with the rather telling phrase:

"The majority of transactions on your account are automated and all application of charges is automated. The only manual intervention around charges would be when a refund is made."

 

18/05/06 - I sent off my cheque by recorded delivery.

 

30/05/06 - Ten envelopes containing 45 pages of statements, bringing the total charges up to £1030!

 

01/06/06 - I sent off the prelim letter by recorded delivery. Halfway through the 14 days and we've heard nothing. If no reply by 15/06/06 I'll be sending the LBA.

 

Anyway, that's my autobiography so far.

[barracad]

Good luck!

 

Keep us posted.

[emmamaw]

Hi, Just a quick update and a question.

 

As I've mentioned I sent off my prelim 0n 31/05/06, and even though it was recorded, the Royal Mail website can't tell me when it was delivered.

 

Today I received their standard reply (sorry you're unhappy......currently investigating....copy of our wonderful leaflet etc.) and it's dated 08/06/06.

 

Should I assume that they received this on 07/06/06, and replied straightaway, or am I being too reasonable? I'm eager to stick to my timetable and be firm with them, but in case it get's to court I don't want to get stuck because I've been too pushy.

 

I'm just eager to start counting my 14 days till I send my LBA.

 

Any thoughts would be appreciated.

 

Thanks

[susannah752]

Hi

 

I to have received the standard letter this morning, i am going to stick to the 14 days starting from the day after i posted the prel letter which will be the 1st june so on the 15th june i am send the lba letter to them, unless someone else

on this site knows any better in this situation.

 

susannah

[sgt_bilko]

Hi Emma,

 

I would assume they received and start your count down to the inevitable.

 

This would be fine. As you've probably read from other threads it shows you was more than reasonable with timescales.

 

 

Good Luck &

 

Peace Man

[pmhread]

Wait the 14 days from the date on your letter (assuming you dated the letter!). As they have replied, there's no getting around the fact that it's been received. When it was acted upon is not your concern.

[emmamaw]

Thanks for your quick replies. I'll stick with the day after my letter, so that means 15/06/06 for the LBA. Susannah, I'm on the same timescale as you so I'll watch your posts.

 

Thanks again guys.

[emmamaw]

Hi Guys,

 

Just an update - LBA sent yesterday (15/06/06)

 

I thought I'd be really nervous at this stage but I'm not - reading this forum has really boosted my confidence that what I'm doing is entirely the right thing to do. It's my money for god's sake!

[clayts]

That's the spirit, mate

 

We're all in the same boat, HMS Victory

[susannah752]

Hi

 

I to sent of my LBA, but I also received a call from them offering me a final settlement of £928 and that they are going to send me it in writing so that I can accept or decline, I am going to decline, I didn't tell her that I have sent

of the LBA so I am expecting them to get funny with me now. So I hoping by

next week to get another call from them only problem is I am always out at

work so I guess they will have to do it by letter.

 

 

susannah:)

[mechs]

Hi Guys,

 

Just an update - LBA sent yesterday (15/06/06)

 

I thought I'd be really nervous at this stage but I'm not - reading this forum has really boosted my confidence that what I'm doing is entirely the right thing to do. It's my money for god's sake!

 

Neither were we at this stage ....it was the next one that it finaly hit us .......taking the papers to court.......but when we came away we thought how easy that was

[emmamaw]

You'd think by now that they would just give us the money before it gets logged at the courts - they must be refunding thousands in court costs and extra interest. Just shows how thick they really are.

[emmamaw]

Hi Guys,

 

Well the harrassment has begun! I'm now getting around 20 calls a day from the Halifax, however only once has someone spoken! They just cut off as soon as I answer. Hubby is also getting the calls on his mobile, but as he recognises the number (he's saved it as 'Robbing Bast*rds') he answers then hands it over to our 14 month old daughter to babble down. She probably talks more sense than they do anyway!

 

Still another week to go till moneyclaim. I'm going to start my other claims next week, so I'll start new threads for those.

[clayts]

Re the harassment - this is also unlawful.

 

Send a letter similar to the second posting on this thread which should put a stop to the bank's cowardly, bullyboy tactics.

 

The law is on your side 8-)

[susannah752]

Hi

 

I sent the LBA on friday 16th june and also sent a letter this tuesday telling them that i can accept their offer only as a part-payment and that i am continuing with my claim and will be putting in a court claim on 4th july and that they will be liable for my costs and 8% interest on top which is rising daily until

final settlement and that i want payment my personel cheque. I am now

wondering if i will hear from them next week, but i think they will ignore me until

i put in my claim. I am also going to make a claim on my other account with

them, just waiting for one set of statements which they missed!

 

susannah:-)

[susannah752]

Hi

 

Will start my own

[mechs]

Hi

 

I am going to put in a money claim on 4th july, but i have heard nothing from

the halifax, sent my LBA plus another letter telling them that i am going to put

in a claim on the 4th. Is anybody else at this stage?

 

I wonder if their just ignoring me hoping i will go away! they received my Prel

letter ok as they contacted me to make an offer, but i am just going to carry

on with my timetable, as the LBA letter was sent recorded delivery the same as

the Prel letter.

 

I sent the LBA to customer relations as they were the ones who made me an offer, do i send the moneyclaim their or to my branch were i first sent the Prel

letter?

 

thanks for any help:) susannah

 

Hi Susannah .you are in someone elses thread you need to start one of your own ....you will get told off by the mods otherwise

[emmamaw]

Hi,

 

After ignoring the phone for three weeks, I was planning to start my moneyclaim as soon as I had some cash, yet half expecting to find a sudden deposit from Halifax in my bank account (wishful thinking I know).

 

Today I received a letter (dated 30th June!);

 

"Further to your recent enquiry I regret to advise you that, having fully considered your request, we are unable to make a refund of the charges applied to your Bank Account."

 

Short and Sweet!

 

Determined to file my claim ASAP, but quite surprised that they haven't tried to fob me off with a pittiful offer. Has anyone else received this outright refusal to their LBA?

[susannah752]

Hi

 

Yes i received a letter saying because i refused to accept their final offer

of £952 (they owe me over £3000) they cant assist me any further, i put in a money claim on wednesday. so will wait to hear what happens, i did

actually send them a letter saying i would accept it as part-payment and

that i will still be claiming for a full refund.

 

susannah

[emmamaw]

Hi guys,

 

After receiving my last letter from Halifax, outright refusing to refund any charges, I received another letter, dated the same day, saying that my complaint had been referred to the Customer Relations department. As if I wasn't confused enough, a few days leter I recieved an offer of £91! (Out of £1030!)

 

I haven't bothered to reply. I'm filing the moneyclaim tonight, so no doubt I'll be posting again quite soon with questions.

 

Thanks guys.

[emmamaw]

Well it's done!

 

Today I've filed my claim online against Halifax. I meant to do it last week but didn't have enough for the fee (£120).

 

I'm not as nervous as I though I'd be, but I think it would have been worse if I'd had to go to court.

[emmamaw]

I received court documents today stating that Halifax intend to defend themselves. Hubby keeps saying that knowing our luck, they'll actually let this one go all the way to court! Let's wait and see!

[DazNorthants]

Your hubby sounds like my wife lol. I am sure once the first one is done you will feel better.

 

Anyway they haven't entered the Court room yet to defend. I can't see any reason why they would risk it with you.

 

Don't be surprised if the actual defence is never entered and you ge the magic phone call or letter offering you loads of doshhhhhhhh

[emmamaw]

Thanks for the support. I've already started on my next claim, as I'm getting more confident with the whole process, however there's still a little part of my stomach churning away!

 

Anyway - I'm right and they're wrong, I've followed the process carefully and I'm entitled to my money back! Go to hell Hellifax!

[emmamaw]

Halifax have paid out!

 

The money appeared in my account today, only a week after they acknowledged the claim!

 

Donation is on it's way as soon as I can get the money in to my new account (don't trust Halifax)!

 

Thanks to everyone on this site for their support.

 

Do I have to inform the court?