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Halifax Refuse Payout


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Hi.

 

All you need to do is print out the letter off the Templates Library.

 

Weve all had this letter. Just ignore it . They send it out in the hope we will all get scared off. Just roll over and accept what they have told us, BUT, Not on this site we dont.

 

Send the LBA and keep to your timescale , not theirs, you will then more than likely get a reply saying they are sorry your unhappy blah, blah,

"We will investigate and get back to you within 243 yrs 10 days ,36mins and 3secs" LOL

 

Dont go by any timescale they say its your money , you call the shots not them.

 

Good Luck and keep us posted

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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OOOPPPS

 

Sorry money didnt see you there lol

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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I have received an offer for just under half the amount claimed.Court papers where served the day after the letter was sent.so i phoned them today and regected there kind offer.they have untill 26th to reply to the court.so stick to youer guns and keep going

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I have received an offer for just under half the amount claimed. Court papers were served the day after the letter was sent. I phoned them today and rejected their kind offer. They have until 26th to reply to the court. So stick to your guns and keep going

 

Quite right!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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  • 2 weeks later...

Hi, sorry for the thread etc but i was not sure how to go about this .... well i have pulled it off the template library and i am confused as i have had a letter saying "no", the first paragraph does not mean anything to me as like said before they have replied etc ... please help i dont know if i have left it too late now to respond anyway but the help would be appreciated so i can sort this finally ... Thanks

 

I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law and contrary to consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

 

You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

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hi firstly dont panic did you send your prelim with a schedule of your charges if you did then letter you have recieved is there standard fob of letter you now need to send your lba

Letter before action - Consumer version - asking for it back

Guide To Reclaiming Bank Charges **##~~~~**##~~~~ Read This

First !!

Example Step-By-Step Instructions

have a look at these links they will help

also you have 3 threads going could to keep to one please and we will be able to keep track of your progress any questions just shout

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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Hi Tilly 49, thanks for the reply, and yes sorry i apoligise for having 3 threads open (i am not sure how i did this but sorry !! confusion i think). well i have read through what the LBA states and i think i am understanding it a bit better now, i will just have to re-word the first paragraph as i have heard from them etc ... in answer to your question yes i did send prelim letter and schedule of charges and then yes got the fob off letter back saying that the charges were correct on my account and they will not be giving me a refund .... i will get cracking with the letter nowand make sure it goes in tonight's post. thanks

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Just insert the word POSITIVELY in the fist paragraph ok?

i.e as you have failed to respond positively

Good luck:-)

 

 

 

 

This template really should have been changed by now, its been causing confusion for a long time!!!!!

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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  • 2 weeks later...

Everyone is right beside you. Keep going, ask for advice when you need it and keep osting updates.

 

Good luck!:D

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

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Hi, well I have now received another letter back from the Halifax giving me more of a fob off, saying that the charges are still ok and that I now have 2 options, either go through the court or to make a complaint .... which one is the best form of action now as really I would like to keep away from the court proceedings as much as possible ... did not know if there was anyone out there who has made a complaint and it did the trick or not ??

 

Also in the letter they state that if i decide to go through the court then i may not win as they are freezing off all the bank charges in court at the mo ?? Is this true ... I would appreciate some help on this as all confused now !!!

 

Thanks :???:

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Stick to the time scales, don't believe their lies.

 

Courts are not issuing blanket stays, each case is dealt with seperatly and is at the judges discretion (not the Halifax's)

 

People have won since the OFT made their announcement so don't loose heart.

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ok check out Tillys thread there is N1 template on it and also on Moneyhelps ,, just change details a bit ,, i copied and pasted it ,, works every time

hope this helps a bit ,, im new myself so kinda finding my way around also ....

good luck :)

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A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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Hi,

 

Thanks for the advice, i think i am going to do this on-line as feel this will be easier ... going to look this afternoon so may be back on later for some help !! Sorry and Thanks :)

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hi just shout if you need any help someone will come along and there no need to apologies we have all been there:)

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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the advise is to file by the way of n1 and not mcol you can fill the n1 out and print it but it wont save

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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hi there is more room on the n1 poc than there is on mcol and with a lot of claims getting transfered,if the bank defends you have more control over where the claim is

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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  • 2 weeks later...

Hi, well I have finally filled in the N1 form but I am stuck on one last thing on the form.

 

at the top it says In The ..... I am not sure what I have to put here, I know it is a court but how do I know which one ?? If someone could help I would much appreciate it asap as I would like to send this off this weekend ..

 

Thanks very much !!

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