David-v- Halifax -Help

[david1961]

Hi all

I am today contemplating, asking Halifax for my money back, but as I bank with them and have an arranged overdraft - i am worried in case they close my account or take away my arranged overdraft:???:

Has anyone experienced this from the Halifax???

 

I am at the moment at court stage with Lloyds, but as i dont bank with Lloyds ive had no trouble fighting them

[jackboy]

Hi David

 

I claimed almost £5,000 back in November last year and still use the account and overdraft so go for it!

 

As I understand the Halifax are one of the easiest to claim from and rarely retaliate in any way.

 

Kaz

[david1961]

cool thanx - did you file to court or did they pay up??

[jackboy]

I had to file at court, they acknowledged the claim and stated they intend to defend on a Friday then they paid the full amount into my account on the Monday.

 

Go for it!

 

Kaz

[Dusary]

They MUST not close your account!

 

The FOS will gobble them up, if they do!

 

[david1961]

thanx - I feel much better now so the Prem letter goes out today for £1889.96.

Let battle commence!

[Dusary]

Join the ranks of the vanguard v. BOS

[david1961]

I have recently recieved a reply to my first letter from the Halifax - the usuall we are not going to pay up letter.

I want to know if it is still worth going to LBA letter because of the Test case or do i wait untill we know the outcome of this?

Thanx

[**Tilly**]

yes carry on with your claim if you have sent your prelim then its time to send your letter before action

[david1961]

sent my LBA letter today, but cant help thinking its going to be a waste of time.

If i have to go to the next stage (File at Court) will i have to wait until the test case has been heard?

[sea-sidelady]

No you wont have to wait.

 

A lot of courts are still paying.

[overflow]

Hi David,

 

Whats all this, wheres your fighting spirit?

 

Dont give up before youve even started, dont let them win.

 

Remember its your money they have had and Im sure like everyone on here , you could have found much better things to do with it.

 

Carry on and get the LBA out to them, give them the 14 days then if no reply take the N1 to Court. Let them see you still mean to get your money back even if it does mean waiting for a little longer than you first thought.

 

Have a good read round this site , read all you can and then say you dont really think it is worth it. I dont think you will though.

 

There are so many good people on here all trying their hardest for eachand every one of us that to give in would be letting them down as well as yourself.

 

Your made of stronger stuff than that otherwise you wouldnt have decided to start the claim in the first place.

 

Please also put your name on the petitions to the MP's and the FSA and OFT.

If we all do our little bit we will win in the end.

 

You know what the saying says "Out of little acorns the mighty oak tree grows"

 

Come on dont loose heart, we are all here for you if you need us, anytime at all . Just give a yell and somebody will lend a hand.

 

Good Luck

 

Regards

[david1961]

thanx overflow, those are words of comfort and encouragement- LBA letter already sent out - let the battle begin

[overflow]

Hi David

 

Thats the spirit, dont give in it will be worth it in the end you'll see.

 

 

dont forget to stick with YOUR timescale and if no response by the end of the 14 days go to the Court for your N1.

 

GO GET EM! and Good Luck.

 

Regards

[moneyhelp]

Good luck David and ignore all their B/S

[cazza69er]

good luck david, everyone here is behind you 100%

[david1961]

response to my LBA yesterday

 

Basically, they say because of the test case they will file my complaint untill the outcome.

If I go ahead with a court case then they will apply to the court for a stay.

 

What should i do???

[**Tilly**]

hi david carry on with your claim have a read of these

OFT v Banks - **Don't panic!!!**

OFT Test claim: What this means for you

[marktallett]

Hi David,

 

don't let them dictate, barclays wrote to me to advise me that they would request my court case be stayed untill the test case was decided, i received a letter from the court this weekend to say that i have to provide barclays with info they have already had by a certain date (copies to court) and then they have to provide info to me (copies to court).

The court is in charge ! Not the banks !! not only do they not have their stay but they must also provide proof that there charges are a genuine pre-estimate of loss ! something i can't see them doing.

 

Ignore their bolshy tactics.

 

power to the people

[overflow]

Hi David

 

Go ahead with your claim dont let the bank intimidate you.

 

This is their one cry lately that they will put a stay on the claim.

 

Like Marktallett has said its not up to the banks, the DJ is the only one who can decide wether or not to put a stay on your case.

 

Not all Courts are imposing stays and there is a link on here that shows you all the Courts that are and are not putting stays on claims might be worth you taking a peek in that.

 

Dont forget your timescale , Yours not Theirs,

 

Stay focused and youll be just fine .

 

Good Luck you have all of us on your side.

Regards