Baviaanuk Vs Halifax

[Baviaanuk]

Hi guys

 

Have been lurking around these forums for a month or so now and finally decided to join the Halifax 'Madness' Merry go round.

 

I sent off my request for statements etc and recieved them after approx 4 weeks. I worked out they have charged me £1700 over the last 6 years. I used the CAG templates and have a request for repayment (along with spreadsheet) to post in the morning.

 

Wish me luck

[Baviaanuk]

Sent off my request for payment this morning, arrived home and noticed a letter from them on my doorstep, opened with curiosity to find a letter explaining that due to a back log of requests, my statements could take 40 days (I recieved them on Saturday, 4 weeks after I requested :?)

 

Looks like they are setting the trend here, just to show me how useless they will be through the entire process.

[Baviaanuk]

Good, glad we didn't put you off. Welcome dear friend to the HBOS forum and good luck, but you are not going to need that. Are you?? Just follow the guidance and ask if you have any queries. We will all try our best to help.

There are a lot of good people here, all in the same boat. (Seems more like an Austin 1100 at times!)

 

Your money will arrive and don't be put off by delay tactics, our charges are fair or later on, partial % offers. You're here for every penny!

 

Too right... Thinking about the absolute misery the Halifax have caused me and my family over the last 6 years, I am in it for every last penny. Thanks for the welcome

[Baviaanuk]

I have been with the Halifax for this period, was previously with Barclays for approx 7 years (who also must of charged us a fortune in such charges)

 

I am not 100% how to go about this or for what kind of period to try and claim from them (I also no longer have an account with them, not sure if this makes any difference)

 

Would be interested to hear of any opinions.

 

Thanks

[Baviaanuk]

Of course you can go for Barclays as well!!

 

Who led you to believe that you couldn't ?

 

Not Customer Relations, Barclays, by any chance?

If you have your old Barclays account number - fire away at them with a S.A.R - (Subject Access Request), as well!

 

Thanks for the reply Dursary, I re-read my post and it was not clear. I was with Barclays for 7 years prior to joining the Halifax (all charges would be from 7 to 13 years old) This is why I am unsure if it would still be possible.

 

Just spoken to an oh so polite lady from Barclays (sarcasm ftw ^_^) She advised that I have no hope of using this method because A) The charges are over 6 years old and they do not pay over 6 years and B) They sold this debt to a debt collection agency 4 years ago.

 

Obviously, I dont expect them to tell me the truth, just wondered if anyone has tried from 7-13 years.

 

Thanks

[Baviaanuk]

Interesting, I will get those wheels in motion.

 

The other thing I was wondering is regarding Halifax mortgage.... I know in some examples, banks are shutting down current accounts out of spite, is it a similar story with mortgage accounts? Halifax have charged us plenty over the last 6 years but I would not be prepared to put our house at risk over such matters. Any info gladly recieved.

[Baviaanuk]

Really hope someone can help urgent. I was just phoned by the Halifax and was asked if I can come into my local branch this afternoon in order to discuss my letter requesting refund. The guy told me that there is someone from legal services who would like to talk to me??

 

I have read through many a thread but have never ever seen this, can anyone give me some advise???

 

:eek:

[Baviaanuk]

Recieved my standard fob off letter this morning, was only 3 days from when they recieved my letter, so nice and quick.

 

Will prepare my lba today

[Baviaanuk]

I read on another case that the claimer also receieved a quick reply to the letter, they were told to still wait the 14 days before sending the LBA, can someone please tell me why this is necessary?

 

Thanks

[Baviaanuk]

Yeah, I can see why this advise was given although I am thinking that I made that deadline of 14 days for a response to my original letter (which I have now recieved) The Halifax letter I got this morning makes it clear that they have passed the ball back to me now and are waiting for my response.

 

**edit **

 

Have been reading back over many threads, seems that people have been advised tp forget about the 14 day time limit after recieving a reply to the request for repayment. These people reached sucesfull conclusions with there claims. I just want this business sorted out now, I was charged yet again yesterday for an unpaid dd to the tune of 39 pounds which makes my life very difficult this month.

[Baviaanuk]

Now entering the final straight (hopefully)

 

Have sent my LBA by recorded, the royal mail site shows that it has been received.

 

Lets see what random settlement figure they can generate.

 

They now have until 1st August to make a full settlement....I wont hold my breath

[Baviaanuk]

Wow, what a dampner to the day

 

I have read all the related posts and faq's and notice that this case mentions overdraft charges. My charges are not overdraft related, I have never had an overdraft with the Halifax, they are all direct debit related.

 

Does this make a difference?

 

Was gonna file my N1 on Monday........ wondering if I should bother now

[Baviaanuk]

Hi, I went to court this morning to collect my N1 document. All seems pretty straightforward except

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from

1st April 1066 to 1st August 2007 of £1 billion trillion and also interest at the

same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

 

I have no clue what to enter as a daily rate of interest. Looking at the Excel formula it uses 0.00022, as a daily rate, am I right in thinking this is what I enter?

[Baviaanuk]

Thanks for the quick response Tilly, is it acceptable to add my Particulars of claim as an attachment to the court bundle? I cannot write that small and fit it all on the court document.

 

Thanks

[Baviaanuk]

Ok, I have filed with court and quiet frankly am disgusted with the way The Halifax are dealing with claims now. I have been taking some legal advise over the last few days (lucky enough to have a Barrister in the family) He has kindly offered to represent me free of charge and I am taking him up on his offer, if the Halifax want to play hardball, I will protect my interests 100%

 

This may even open up new avenues of possibility for other users in the same boat with imminent court dates vs HBOS

[Baviaanuk]

I will try this letter, see where it gets me.

 

Dear Howard

 

I am writing to thank you for bouncing my cheque with which I endeavoured to pay my car insurance last month. By my calculations, three nanoseconds must have elapsed between presenting the cheque and the arrival in my account of the funds needed to honour it. I refer, of course, to the automatic monthly deposit of my entire salary, an arrangement which, I admit, has been in place for only eight years.

 

You are to be commended for seizing that brief window of opportunity, and also for debiting my account £39 by way of penalty for the inconvenience caused to your bank.

 

My thankfulness springs from the manner in which this incident has caused me to rethink my errant financial ways. I noticed that whereas I personally attend to your telephone calls and letters, when I try to contact you, I am confronted by the impersonal, overcharging, prerecorded faceless entity which your bank has become.

 

From now on, I, like you, choose only to deal with a flesh-and-blood person. My mortgage and loan repayments will, therefore and hereafter, no longer be automatic, but will arrive at your bank, by cheque addressed personally and confidentially to an employee at your bank whom you must nominate. Be aware that it is an offence under the Postal Act for any other person to open such an envelope. Please find attached an Application Contact Status which requires your chosen employee to complete. I am sorry it runs to eight pages, but in order that I know as much about him or her as your bank knows about me, there is no alternative.

 

Please note that all copies of his or her passport and proof of address must be countersigned by a Notary Public, and the mandatory details of his/her financial situation (income, debts, assets and liabilities) must be accompanied by documented proof.

 

In due course, I will issue your employee with a PIN number which he/she must quote in dealings with me. I regret that it cannot be shorter than 28 digits but, again, I have modelled it on the number of button presses required to access my account balance on your phone bank service. As they say, imitation is the sincerest form of flattery.

 

Let me level the playing field even further. Press buttons as follows:

 

1. - To make an appointment to see me.

2. - To query a missing payment.

3. - To transfer the call to my living room in case I am there.

4. - To transfer the call to my bedroom in case I am sleeping.

5. - To transfer the call to my toilet in case I am attending to nature.

6. - To transfer the call to my mobile phone if I am not at home.

7. - To leave a message on my computer, a password to access my computer is required. Password will be communicated at a later date to the authorized contact.

8. - To return to the main menu and to listen to options 1 through 7.

9. - To make a general complaint or inquiry. The contact will then be put on hold, pending the attention of my automated answering service. While this may, on occasion, involve a lengthy wait, uplifting music will play for the duration of the call.

 

Regrettably, but again following your example, I must also levy an establishment fee to cover the setting up of this new arrangement. May I wish you a happy, if ever-so-slightly less prosperous day?

 

Your Humble Client

Baviaanuk

 

 

Any changes necessary??

[Baviaanuk]

Received a letter from the County Court this morning, advising that Halifax have filed an acknowledgement of service, they now have until the beginning of September to file defence, lets see what happens

[Baviaanuk]

GRRRRRR just found out my case has been stayed

 

I will appeal once I have seen the courts letter although its obvious what the judge will do with that (A4 sized toilet paper no doubt)

 

Looks like we have to wait for the court case crap etc to finish, one question I have, once the OFT and the banks have sorted this out and a suitable amount has been decided, am I still able to recoup my court costs? I know the interest is still reclaimable, but have no clue about costs.

 

Another question I wonder, does anyone know the likelihood of the banks being forced to refund all bank charges, irrespective of whether or not people have made a claim?

 

If this is unlikely, I intend to mailshot people with full instructions on how to get a claim in place as well as (if necessary) standing outside Halifax branches, giving people all necessary information.

[Baviaanuk]

It is Maidstone Combined County Court. I have not heard officially from the court although I noticed in the "which courts are continuing thread" someone has contacted the court and been told that all claims are to be stayed

 

I guess the letter confirming that will be in the post tomorrow

[Baviaanuk]

Looks like we have to wait for the court case crap etc to finish, one question I have, once the OFT and the banks have sorted this out and a suitable amount has been decided, am I still able to recoup my court costs? I know the interest is still reclaimable, but have no clue about costs.

 

 

Another question I wonder, does anyone know the likelihood of the banks being forced to refund all bank charges, irrespective of whether or not people have made a claim?

 

Bump

[Baviaanuk]

Interesting development, I phoned Maidstone Combined County Court as I had not received any confirmation of the blanket stays which were apparently being put into place. The court clerk advised that this was the original plan (to make blanket stays) but "the situation is currently being reviewed as it seems that the District Judge is having second thoughts :D"

 

I also received the Halifax's response this morning (sent from Optima)

 

Great news

[Baviaanuk]

After the blanket stay situation, I must admit it kinda threw me off balance, the money I was so close to getting could have saved me a huge personal headache recently.

 

I was hoping someone could tell me how things stand at the moment, any recent advamcents I should be aware of? Or are we still waiting for the court case in early 2008?

 

Hope someone can fill me in.

 

Thanks

[Baviaanuk]

Anyone please??