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help! claiming charges whilst overdrawn!***WON***


ej3166
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hi there,

 

i wonder if anyone can help.

i currently have an account that was with halifax but was passed over to their arrears dept and now is in the hands of a debt managment arrangement.it has been this way for 2 years and is being repaid each month via the debt people from myself

i decided to claim back bank charges against halifax,issued a claim through mcol,today halifax have offered to settle the amount out of court but say that they will not send cheque straight to me,it has to be paid into the od account.

my queston is,can they do this? as far as i was aware i no longer had an account with them,no cards or statements etc and i assumed was with debt managment company.

by rights this means that halifax had possibly sold my debt to a bailiff for them to collect on.

should i not be able to claim the charges back through a personal cheque to myself as the od is being satisfied via a monthly arrangement.also if i went to court surely they would have to pay me directly not the od bank account,which would not even be bought up in court??!!?? help or advice please

thanks ej

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well done moneyhelp great news.

 

ej, don't let them do it.

it is YOUR money they unlawfully took from you.

YOU decide where is goes not the bank

stick by your guns and insist it is paid by cheque.

 

i'll find your thread on the halifax forum soon unless a mod moves this for you

 

dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hi,

 

thanks so much for your prompt replies.

 

good news this aftrenoon,halifax rang back after "checking"! with their legal department.

they are willing to send a cheque for the settlement amount i agreed(£626.00p) was meant to be £698.00p with interest but decided i could cut my losses with that one.

so have won against halifax !! although am fustrated they made me pay out the mcol fee,aknowledged me day before dealine giving another 14 days,then wrote to me day after deadline!!! fustrating.

this is my first case i currently have a nat wide account claiming back £2130.86p and another nat wide for £1434.00p going through the courts,again they have extended both deadlines by aknowledgement of service!! lets see how it goes! don't think nationwide are as easy!!

once again thanks for your replies,this site has been invaluable to me with these cases and i will make a donation.

ej x

p.s not sure how to post on halifax forum,would someone help me with that one??!!

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congratulations.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Well done --- enjoy!!!:D

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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congrats

when you are on a forums homepage

just look for the ..start a new thread.. blue button top left

 

dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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