maybelline v Halifax ***SETTLED IN FULL***

[maybelline]

Hello, I meant to take some action some time ago and did send a letter in to my bank which prompted a terse and sarcastic reply and informed me I had been charged 85 times over what period I'm not sure but would not be receiving any repayment of charges. Being a lone parent, a full time carer at present and dependent on benefits which are paid into my basic account I would be in difficulty if they closed the account. I have an unused Nationwide account, very no frills as have not worked in paid employment for several years due to circumstances above, but hope to get a few hours soon. I want to follow up on their refusal, they have not sent the details of the charges I requested either but I am a bit afraid of them to be honest, I no longer use DD's at all as I was always incurring charges. Most of my energy goes arguing with education and health providers for my son, this all costs a fortune too so really need an understanding bank (does this exist)? There is a question in here somewhere, it was several months ago that I first wrote, I am assuming I can just follow up their negative response at this late stage? (that s/b 83)

[Don Quioxte]

There is a question in here somewhere, it was several months ago that I first wrote, I am assuming I can just follow up their negative response at this late stage?

 

The answer is YES.

 

Absolutely.

 

this time obtain your statements via a DPA request - see the bank templates library for this letter (the green bit at the top of the main page). find those 85 chrages, add them up, and send the prelim letter (also in the library).

 

you will then follow through with the Letter Before Action if necessary. That money is yours. You WILL get it back. You are entitled to it back. It will come in extremely handy methinks

 

If you have a copy of their letter from yester year, and are aware of the charges and dates they were applied then just get on and send the prelim letter immediately.. the quicker you start the quicker you finish! you can then look to transferring all your banking to Nationwide or another more amenable provider - and hopefully you will have a nice credit balance to offer them subsequent to your Halifax claim...

[maybelline]

thanks, I will do so, thanks also for quick response.

[pmhread]

And there's certainly no need to be scared of the lousy scumbags. It's all bluster and intimidation to try and stop you claming back what they have *****! Don't let them get away with it anymore.

[maybelline]

The answer is YES.

 

Absolutely.

 

this time obtain your statements via a DPA request - see the bank templates library for this letter (the green bit at the top of the main page). find those 85 chrages, add them up, and send the prelim letter (also in the library).

 

you will then follow through with the Letter Before Action if necessary. That money is yours. You WILL get it back. You are entitled to it back. It will come in extremely handy methinks

 

If you have a copy of their letter from yester year, and are aware of the charges and dates they were applied then just get on and send the prelim letter immediately.. the quicker you start the quicker you finish! you can then look to transferring all your banking to Nationwide or another more amenable provider - and hopefully you will have a nice credit balance to offer them subsequent to your Halifax claim...

hoping to send on Monday:)

[paulpb123]

No need to be scared of these (edit), you are only asking for what is yours. We've got the power, not them!! When you need help, just shout.

Paul

 

 

please do not put libelous comments on this forum .

[maybelline]

Just came across the letter from Halifax whilst sorting out other stuff. It comes from the Leeds office and states

 

'to consider your request I have reviewed your account history and can see that it has been necessary to notify you of charges on 83 occasions. Consequently in this instance, you have again broken the terms and conditions of your acount and as you are aware of the charging policy I am sorry but we are unable to refund the charge. I would further advise that the amount of work involved in returning a direct debit is the same whether the transaction is £5 or £500 and therefore the amount of the charge is standard. In realising that this is not the response that you had hoped for, I hope I have explained our position and why the fee cannot be refunded.'

blah blah blah leaflet enc. Manager.

[Movingon]

Bluster

[maybelline]

I agree and I think its rather silly, I didnt realise it was that many charges till they wrote and told me:rolleyes:

[maybelline]

I'm posting my DPA request today but just occurred to me, do I go back six years from now or back to my original request (informal and no fee) last November? I think there is a thread somewhere that states why six years but I cant find it now, is it because of the DPA and holding records for that period of time.

 

Letter sent today using template. I dont think my Nationwide account is a suitable alternative, do I need to open a parachute account now or wait to see what happens with Halifax, I am not in any debt to them but will they close my account out of sheer annoyance?

[maybelline]

Halifax have taken a five pound charge from my account today and sent my one statement electronically for the current month? They do still have thrity odd days to respond to my DPA Request. I'll be watching the post.

[mechs]

I would open another account now ....but dont close the halifax one

[maybelline]

Nat West parachute account opened! £5 charge taken by Halifax, no statements yet.

 

Having questioned the disproportionate charges applied to my account at the end of last year, I note one of their stock letters state

 

'To cover our costs, we make a charge of £39 (maximum3 charges per day) for any item we can't pay. We will take this money from your account seven days from the date of this letter. If this causes you to have an unauthorised overdraft, we will also charge you interest at the unauthorised rate and a monthly unauthorised overdraft fee of £28 *. However, if your unauthorised overdraft is £30 or less the unauthorised overdraft charge will not be applied. *You will receive further notification of this charge which will be taken from your account at the end of the next month.'

 

How do they arrive at these figures?? and as for costs!?!?

[maybelline]

Standard reply received today, acknowledging receipt of letter on 27th? request was sent recorded on 19th. (but a follow up email also asking for ALL transactions/charges data for 11 yrs period). We are currently investigating your complaint... Service Recovery Leeds Office.

[maybelline]

Received a call from Halifax this morning.

 

Statemetns will be provided in 14 days. As my account goes back to 94 it will be a lot of post! Caller asked if I wanted statements in order to look at charges, yes, and proceeded to continually refer to 'six years' but this is not written in stone is it? That issue I understand remains open to debate and I am obviously not going to exclude any other possible action. Will be charged £5 which was taken today. My previous letter seems to have got lost in the system but they are within their deadlines and will see if the info arrives.

[maybelline]

'Turning to your request for a list of all the members of staff that have manually intervened on your account. Unfortunately, an investigation of this kind would involve a disproportionate effort and HBOS PLC is not legally obliged to supply this information.'

 

is that what the DPA letter asks for?

[maybelline]

still have NO STATEMENTS but original Data Protection Act was sent on 19 June, follow up DPA on 26 asking for ALL transactions info for the whole account period, charged £5 twice but no info yet, so I should at least have the RESPONSE from the first DPA by approx 21 July I reckon. SO IN SIX DAYS. I want to email a REMINDER, but not sure how to word it, is there a template, I have seen the templates for incomplete data sent, dont want to send something they can misinterpret.

 

sorry quick edit, i got those days remaining to respond wrong here, have sent a short email to Ann Burns who suggested on the 3rd that they would arrive in 14 days, so maybe next week.

[mechs]

They have 40 days in which to comply with the Data Protection Act request

[maybelline]

another stalling letter today instead of information requested!?!?

 

quite an eloborate story but basically the same end, no info.

 

I will be following my DPA request deadlines which are fast approaching. I will be sending a reminder when I get to 7 days left to comply.

 

There seems to be no comprehensible reason for the vastly different timescales when it comes to users receiving their information that they are of course legally entitled to request and to receive.:idea:

[maybelline]

If I were to assume I will not receive this information within the 40 days would it be correct for me to go ahead and estimate the charges from my own information?

[maybelline]

received all my account history today, back to 94, with only 4 days left to run on the 40 day Data Protection Act. I will be busy today!

 

how far back and limitations argument?? I think I might need to split my claim anyway.

[maybelline]

Strange? -

 

Halifax wrote to me a few months ago stating clearly that they had charged me on 83 occasions.

 

I have all my statements for my whole ac history arrived today all crisp shiny and new and i cannot find more than 39 charges for the whole time? have they disappeared or what:confused:

[clayts]

Remember that in recent years Halifax use the very vague reference 'Charges as notified' on their statement - have you taken all these into account ?

[maybelline]

will have another look through, starts 94 at 10.00 each charge then gradually rise through 25.00, 28.00, 35.00 and 39.00 charges as notified, some seem to be doubled up at 56.00 a go, some at 60.00 some at 20.00?? all under the charges as notified heading, even when the account was in credit?? all rather odd.

[clayts]

Halifax would delay debiting the money from your account so the charges wouldn't be docked at the time of the actual 'offence'.