Baconbuttyman Vs Hellifax

[baconbuttyman]

i just found this site thru moneysavingexpert.com, i did not realise charges were unlawful, i have had a bad last few years financially and had quite a few charges, 22 in all, 11 in the last 12 months, i have rung my bank for a breakdown of the charges and will sent the standard letter to them and see what the results are, any suggestions/comments would be appreciated, i am now on an even kiel and have been for the last 5 months, life is getting better and up untill then when i needed help from the bank the more or less showed me the door, now there is money going in substatially they now offered me a £1000 o/draft, i literally told em to shuv it

[baconbuttyman]

forgot to mention i estimate the total to be around £700+

[baconbuttyman]

just looked up some of the cases settle, they are in the thousands, i thought mine was steep lol

[BankFodder]

Make sure that the request you made was specifically a DPA request.

If it wasn't then send another one.

[baconbuttyman]

Make sure that the request you made was specifically a DPA request.

If it wasn't then send another one.

 

whats a dpa

[BankFodder]

If you read the FAQs and the forum material you will undersatnd the answer to your question and a lot of other important information as well.

[baconbuttyman]

i got my bank statements yesterday, all 70 pages from the day i opened the account, the total charges amout to more than i estimated, about £300 more, total £1135, also have informed them i am charging them for the time and actual effort it is taking me to recoup the money, if they can charge me 40 quid for a computer returning a dd unpaid, then i can try to get 40 quid for actual physical work, just used the standard letter with a few minor adjustments to my own situation ect

will keep you informed

[richardc]

Keep us posted.

[baconbuttyman]

i am waiting for the initial reply from hellifax, just wondering how we stand with charges after the action, i fully intend to get all my charges back, assuming the bank dont kick my account, {if they do, isnt that discrimination}, we all make mistakes thats why we are here?? so if we make more, will the bank still charge us, or will they think , oh shine-a-line its that fella again and not charge, wotdya rekon

[richardc]

Can you please post in your original thread.

[baconbuttyman]

today my wife decided to fone (to which i protested lol) hellifax and confirm they had recieved the initial letter asking for a refund on the charges, they put us thru to their legal dept which they call "NEXUS" (their fone number if anyone needs it 08456003676), who informed my wife the letter was scanned into the computer system by the person that wifey was speakin to, then the letter was sent to the bank charge and service recovery team (straight away-by hand) and if no reply to the letter was given by april 3rd, we were to phone tem again for an up date

the general feeling wifey got from the person speaking on the other end was they were worried, not just about my claim but the uprising by the customers not standing for the extortionate charges.

any way thats all the update for now, i must say it made me more hopeful, i am expecting an offer of maybe 15% of the total, which they can shuv up their helifaxsious backsides, i want a complete refund.

[baconbuttyman]

new letter recieved today, taking into account the telephone conversation on the phone (refer to the last post) i got a reply from an email i sent to the hellifax, the email was identical letter to the initial one i posted to them, i seem to think i should ignor it infavour of the telephone conversation referred to in my last post

the letter reads

 

dear mr tarpey

thank you for your email stating your dissatisfaction with our charging policy

we're keen to deal with your concerns as quickly as possible. a customer relations manager will investigate the points you have raised and you will recieve a reply shortly, but certainly no later than 4 weeks

you will find enclosed a copy of our leaflett which tells you how we handle your complaint.

yours sincerely

 

miss xxxxxxxxxxxxx

senior customer relations manager

escalated complaints

customer relations

 

 

 

is this a standard reply to the email and ifso should i ignor it in favour of the letter sent recorded delivery and telephone conversation that followed said letter

 

?????????????????????????????????

[alanfromderby]

Don't be deflected - just keep to your timetable, remember that you are in control.

[baconbuttyman]

just phoned the hellifax they have told me this is a response to the letter and the email, do i give them the 4 weeks to make a decision, as they say they are entitled to, or what, i am not afraid of the summons part but if it can be avoided for the sake of a few extra weeks, is it worth giving them the 4 weeks, then issue the summons, the lady we spoke to said that this is the dept that will make the decision and the guy that actually sorts the refund is infront of her and he is heavily snowed under at the mo..lol

patients is a virtue, i can wait if needed

[alanfromderby]

I refer you to my previous answer.

 

They are trying to stall you - you have given them a target, and they have the staff to provide a response within that time. Take a look at the step-by-step guide....and don't let them deflect you.

[baconbuttyman]

i have now ammended the letter before court action to my own situation giving 14 days for the refund or will issue a summons against them as recommended in the step by step guide.

is this the right move, if they dont comply is filing the action online the same as going to the courts

[alanfromderby]

i have now ammended the letter before court action to my own situation giving 14 days for the refund or will issue a summons against them as recommended in the step by step guide.

is this the right move, if they dont comply is filing the action online the same as going to the courts

 

Check through the FAQ section, there are differences - the main one being that the claim has to be fit into a fixed number of character - but this is explained, along with a sample text. Please ensure that you fully understand the process - if you make a mistake on the claim it can prove expensive.

[baconbuttyman]

Check through the FAQ section, there are differences - the main one being that the claim has to be fit into a fixed number of character - but this is explained, along with a sample text. Please ensure that you fully understand the process - if you make a mistake on the claim it can prove expensive.

 

when i say amended i mean the acc no'S and amounts i am after ect, i am not, there are no overdraft interest charges so i deleted this.

 

 

my address

 

 

Halifax plc

Trinity Road

HX1 2RG

 

 

 

LETTER BEFORE COURT ACTION

 

Dear Sir/Madam,

 

SORT CODE: xxxxxxxx

ACCOUNT NUMBER: xxxxxxxxxx

 

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, Statute and recent 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 as my fiduciary.

 

I calculate that you have taken £1134 in unlawful charges since my account was opene

Additionally you may 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 he 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 my costs and without further notice.

 

 

 

Yours faithfully,

 

 

 

xxxxxxxxxxxxxxxx

 

 

is this ok, sorry to be a pain but some of the faqs i dont really understand

[alanfromderby]

Looks fine to me.

[baconbuttyman]

many thanx for your help....

 

--------------------------------------------------------------------------------

 

Cry havoc and let loose the dogs of war

[baconbuttyman]

one last question if i may, can i assume the initial period to repay me which expires on friday is now over because of this delaying tactic i have now recieved, can i send the letter tomorrow.

if that makes sense

 

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[baconbuttyman]

letter befor action letter now sent today, woohoo. i getting all exited

[baconbuttyman]

got a phone call today from customer services, they made an offer of £173 dating back 5 months. lol.... naturally i said no, iwant it all, £1134........i am awaiting a ring back from her boss, i told the lady, i want all the charges back or i will issue the summons, i mentioned this site and it went quiet, thought she hung up on me..will update when more info arises hehe

[baconbuttyman]

sorry to post this outside of my thread but i wanted to make sure it got read

 

I got a phone call today from customer services, they made an offer of £173 dating back 5 months. lol.... naturally i said no, iwant it all, £1134........i am awaiting a ring back from her boss, i told the lady, i want all the charges back or i will issue the summons, i mentioned this site and it went quiet, thought she hung up on me..will update when more info arises hehe

[Bookworm]

sorry to post this outside of my thread but i wanted to make sure it got read

 

It would get read anyway, as it will come up in "new posts". Please post in your own thread, if everyone does the same, it will be chaos.