Roberto Vs Halifax PLC **SETTLED**

[sohoscribbler]

I'd agree with not getting into telephone discussions with them unless you have the nerves of Jeremy Paxman, except after Halifax has offered settlement, when it can speed payment up slightly. After the bank has agreed a settlement it is not in its interests to mess people around.

[roberto]

okay will wait the 14 days from 09/08/06 and then file court order.

 

thanks for the advice.

[roberto]

Hi All,

 

I need some advice.......

 

Today I received a letter from the halifax stating as below

 

Thank you for your recent letter, I am sorry to learn that you are unhappy with the charges you have incurred on your account.

 

I am sure you will appreciate that like other organisations we incur costs for every transaction made. When we pay an item against an unauthorised overdraft or return an item unpaid, we incur extra costs regardless of the shortfall involved. We beleive it is fair to pass these costs on to the accounts affected, rather than absorb them into other areas of our operations, penalising all our customers as a result.

 

We clearly outline our charging policy in the terms and conditions that apply to your account. In addition, we are committed to complying with the banking code, which sets standards of good banking practise for banks and building societies to follow when dealing with personal customers. the terms and conditions of your account state that you must have funds in your account to cover your transactions. We cannot be responsible if you have authorsied payments against funds that were not available.

 

We are keen to help you avoid any unnecessary charges by providing various ways to keep track of your account. You can do this via the telephone banking or online banking or mini statements. You can also contact one of our advisors at any branch.

 

It is your responsibility to manage your account. However as a gesture of good will we are prepared to offer a refund of £180.00 of charges in full and final settlement of your complaint. I must stress that future valid charges will stand and we reserve the right to close your acount if you do not manage it correctly. If you are prepared to accept my offer please sign and return the enclosed acceptance form in the prepaid envelope.

 

Question 1

 

do i still give them the rest of the 14 days I gave them in the LBA I sent last wednesday or do I now file a money claim over the net?

 

Question 2

 

Do I have to tell them I do not accept their offer and will be proceeding with court claim?

 

Question 3

 

Is it worth me ringing them and telling them NO!!

 

please help as this has thrown me a bit

[Michael Browne]

1. Wait until the 14th day until filing.

 

2. In the meantime, use their prepaid envelope and write a brief letter accepting as partial, but will be pursuing for the rest and as promised in your LBA will be issuing a claim on 23rd Aug.

 

3. Up to you. I wouldn't bother as I always like to keep everything in writing.

[roberto]

Thanks for the advice I think I will wait the 14 days and file money claim and claim the lot at once as might confuse me getting £180 now and the rest through the court claim. Has anyone accepted the first offer and claimed the rest through money claim?

[Michael Browne]

Their offer will be withdrawn unless you accept as full and final settlement, so you file for the total amount at moneyclaim anyway.

[roberto]

have you actually done this as i feel this would be wrong as all i want is the £1380.00 they have taken from me. if i do this it will make me just as bad as they are!!

[Michael Browne]

Why? They have offered £180 as full and final settlement. This is unacceptable to you, but it's perfectly reasonable to accept as partial etc. It's then their decision as to whether they refund the £180 knowing you will claim for the rest or to withdraw the offer because you haven't accepted their conditions.

[roberto]

See what you mean! Is there a letter on here to accept as partial payment or do I have to make it up?

[Bigdaftie]

I'm issuing a letter to the Bank of Scotland to find out how much they owe me in charges! I've asked for details for the past six years, it will be interesting to see what that amounts to.

 

I've got a new bank account with the Clydesdale as I heard some banks are threatening to close accounts because people are reclaiming their charges.

[roberto]

Go for it Bigdaftie, it's a very good feeling when you know you have them on the ropes and can't wait to deliver that big uppercut and get my cash back

[Michael Browne]

See what you mean! Is there a letter on here to accept as partial payment or do I have to make it up?

 

There's no template, it only needs to be short just 3 or 4 lines. Thank you for your offer, accept as partial, claim for rest, as promised filing on such & such a date.

[roberto]

Michael,

 

Could I ask how far you are with your claim?

[Michael Browne]

Settled 2 months ago.

[roberto]

Well done! Wish mine was sorted. Think I will sleep on it and decide in the morning. Thanks for the idea though could end up making a profit from them!

[Charlotte Brosnan]

Roberto

 

Please listen to Michael, he knows what he is talking about, accpet their offer as partial settlement but explain that you will be pursing them for the full amount. They will NOT pay you the money they have offered so you just go ahead with moneyclaim accordind to YOUR timetable.

 

I listening to Michael and got £2k yesterday so just GO FOR IT!!

 

Charlottex

[Michael Browne]

I listening to Michael and got £2k yesterday

 

If only my wife did the same, we could be rich,rich,rich!!!

[roberto]

Okay then will write off tomorrow and accept the offer as partial payment and tell them i will be persuing them for the rest through the courts. Thanks for the advice everyone!

[roberto]

wrote off on 18th August not heard anything as yet will fill out money claim on 23rd August and hopefully receive a large amount of cash within a week which seems to be the norm.

[roberto]

Filed moneyclaim today cost me £120.00 hope I get it back as alot of cash to me that is. I thought it would cost £30.00 according to the site. Anyway all done now and will update when I hear anything hopefully when they put the cash in my account.

[roberto]

Moneyclaim has been acknowledged according to court website and just waiting for the Halifax response hope they pay up!

[roberto]

been a week tomorrow and not had anything put in my account and not herd anything from Halifax yet. Getting worried that they are going to defend. Just my luck. If anyone has any advice please!!!!!

[west]

I filed my moneyclaim on the 25th so I am on the same timescale as you, I will keep an eye on your to see how you are doing, mine was only issued today obviousley the bank holiday has held mine up a touch.

[roberto]

received letter from the courts today stating that Halifax intend to defend all the claim against them. The letter is signed A O'Brien (RAH) defendants solicitor. Starting to panic now as nothing gone in my account and then this letter.

[miki]

HI Roberto!

Sorry no advice but just wishing you loads of luck - I embarked on this journey yesterday with the Halifax and sent my data protection letter off. I get the impression from reading loads of other peoples experiences that if you stand your ground and show them that you are serious then you will get what is due - just dont buckle. I know the scary bit comes with the court but the law is on your side - its worth the effort!