Me vs Halifax - nearly sorted

[befairmrbank]

Folks,

can anyone adivse on my options:

 

Started claim 28th April

Allowed Halifax 8 weeks as per FOS

Rejection Letter 20th June

Escalated Claim 21st June

Partial Offer and further negotiation end June

2 Cheques sent to me in the last week

 

Original Claim £4555 plus 8%

Negotiated £4200 - paid by cheque - awaiting clearance

 

Their letter states F&F Settlement but I did not agree to this.

 

I plan to write them thanking them for the cheques, as a partial payment,

but waiting for cheques to clear.

 

I transferred my salary payments to para account end of April, but kept Halifax open. This a/c ended up £78 o/drawn due to 2 bounced charges.

 

They hassled me at the starts with threatening phone calls daily, but I spoke to them about this as the a/c was in dispute, and they backed off.

 

I have found out that they closed my a/c on the 20th June, with no letter or communication from them whatsoever.

 

This has really p***ed me off. I allowed them the full time period for my claim, was patient and polite throughout, and they do this to me.

Shouldn't really expect any better.

 

I would like to go to the FO and seek the balance of my charges and the interest as well as a complaint about my a/c closure, which is in breach of the Banking Code, I believe, for which they should be made to pay a fine and/or compensation?

 

Has anyone any advice or thoughts on this matter, please?

 

Thanks,

 

D

[Dusary]

Firstly - what a silly username you have!!

 

You surely didn't expect "mrbanktobefair" - now DID you?

 

Go to the FO right away!

 

Funny that - waiting for a Bank's cheque to go through the clearance system.

 

No it's not - It's IRONIC!

[emmaf01]

What do you mean you "negotiated £4200"?

 

If you didn't agree, then it wasn't a negotiation, just an offer from the bank.

 

Which you can take or refuse.

[sea-sidelady]

Im wondering about the negotiation aswell??

 

Can you please elaborate.

[Dusary]

Partial Offer and further negotiation end June

2 Cheques sent to me in the last week

Yeah!

 

Let's hear what happened!

[befairmrbank]

Guys, many thanks for your replies;

 

Dusary, I'll get onto the FO straight away; do you think I'll be able to get the remainder of charges plus interest? Also what about them closing my account without notice?

 

Ref Negotiation: I was in a situation whereby Court was too much time, as money needed sooner, so allowed them their 8 weeks;

Timescales as follows:

End April 1st Claim £4500 plus interest

Reply 8 weeks aloowed to investigate

End June Sorry, charges are fair

Next Day Phoned Halifax, told them not happy with

response they 'escalated' complaint

Few days later Rec'd insult offer of £2200

End June Phone Halifax and told them not happy with offer

they immediately went to £3700, still not happy, final offer of

£4000; still not happy, and asked them to split the difference;

got offer approx £4200

 

Their letters with Cheques ( they couldn't pay into my a/c as they had closed it) stated F&F settlement. DO I need to send a reply stating that I have accepted this as a partial payment.

 

Any further advice greatly appreciated,

 

Thanks,

 

D

[Dusary]

If it's not the FULL amount then send off one of the Rejecting Offers letters. Read through them carefully - I think #2 will do you!

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Have a good read here!

FAQs - complaining to the bank

[befairmrbank]

Thanks for the reply Dusary, but couple of queries;

 

I have lodged the cheques already sent, ( need the money), so cannot send money back?

 

Not planning on Court, but refer them to FOS for balnce plus interest @ 8%, and a complaint about them closing my a/c with no notification?

 

Should I amend the Refusal letter to allow for these points?

 

Letters read really well, and appreciate your help on this, bt don't want to send reply wrongly worded?

 

Thanks,

 

D

[emmaf01]

I did not send them the money back, I sent them a letter saying, thanks for that- now wheres the rest?

 

I continued with my court action until I got the rest.

 

So adjust the letter to say thanks, but I want the rest and continue with you case to the FOS- aren't retaliatory account closures worth compensation as well? I think £200 was quoted.

 

If you are nervous about your letter, put it on here (minus identifying details) and people will help you get it perfect.

 

We are all here to help each other through this process.

[befairmrbank]

Thanks for the reply, have amended one of the rejection letters as below, can you give me your thoughts on thw wording.

 

I have already contacted the FOS, and explained situation regarding the partial payment, and the a/c closure, and they seemed very keen to get their hands on this complaint. They are sending me out the paperwork to fill in ands send back to them. I know they can take 2 months plus, but I don't mind waiting for this time.

 

Rejection letter as follows:

YOUR Street

Town

City

Postcode

Date

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

 

Response to settlement offer.

 

Dear Sir/Madam,

 

Thank you for your letter dated 29th June.

I respectfully decline your offer of Full and Final settlement and request, once again, that you return to me the remainder of the charges imposed on this account, totalling £xxxx plus the Statutory interest of 8%, now totaling £xxxx.

My original claim was for £XXXX.00 of charges and 8% interest of £xxxx, which has now increased to £xxxx, through the time taken for you to handle this issue.

I accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, through the relevant authorities, or with a Court claim if necessary.

Through this process, I have been patient and allowed you the full 8 week time period to investigate this complaint, as per the FOS guidelines. However, at the end of this period, there has only been a partial resolution, and therefore not to my satisfaction.

My (Request for Repayment letter) (Letter Before Action) dated xx/xx/xx indicates that you have until xx/xx/xx to respond before I proceed to the next stage of my request (before I commence legal action). My deadline remains the same.

 

For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

I trust this clarifies my position.

 

Yours faithfully

 

[signature]

 

[print name]

 

Any thoughts or advice always greatly appreciated,

Thanks,

D

 

 

[emmaf01]

Seems ok- I'd send it, if thats a recommendation!

 

Its clear and concise, politely stating your position and what you intend to do.

 

Even after they'd paid me two thirds of my claim, I went ahead to get the rest. I am now chasing them for some earlier charges I found after my court claim had begun.

 

Keep at them.

[Dusary]

Agreed!

[befairmrbank]

Folks, many thanks; will send this letter to Halicraps, and update you on any reply from them, and have already contacted the FOS, who are sending me out the complaint pack to return to them.

 

Will update you all on any developments as they happen, but probably take a while for anything to happen now, as FOS say they can take 2-3 months at the minute, but I've got a chunk of the money already so will happily wait for any further monies.

 

Has anyone else had the a/c closure etc.?

 

Thanks,

 

D

[emmaf01]

Sorry, I closed my account mid-process, as I never used it and wanted them to send me a cheque, which they wouldn't while account was open.

 

I know others have had their accounts closed- can anyone shout if they have?

[Dusary]

They shouldn't have had accounts closed ON THE FIRST CLAIM.

 

The FOS doesn't like it very much!

 

But - when you claim twice on the SAME a/c after accepting their offer, either partial or full and THEN try claiming again - they become quite stroppy!

[sea-sidelady]

It is very rare they close the accounts, but if you are worried, then you can open a parachute account.

[Dusary]

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/58685-do-you-need-parachute.html?highlight=parachute+account

 

Just being helpful like SSL