charges claim - just about to issue

[Guest Alison82]

Update………..

 

I submitted my claim Halifax offered a refund a few day before they were due to file their defence; no mention of removal of the default! I wrote back to Helen Rawnsley and told her that I would not accept this unless they include removal of the default. No reply as it was 2 days a go so I rang them and was told that they will refund the charges but are defending the default!! How does this work out!! The default only happed because of their charges!! HELP

 

I know they are probably bluffing but can they do that (defend part of the claim and ignore the rest)? What if they put the money in my account it makes it look like if I have accepted it and how will I fill out the allocation questionnaire if they are just defending the default.

 

I wrote to Experian to get it removed that end (explained about the penalty charges) they wrote to Halifax, Halifax said it was correct and that was that!! So Exprian won’t remove it, it seems all they have to say is yes it is correct even if it is not!

 

HELP I AM REALLY STUCK AND ANNOYED!!

[HadEnough]

personally I'd of started proceedings long ago, I think almost 7 months is more than enough time to give them. I'm pretty sure that they've also acted against the banking code issuing a default against you on money that you clearly stated was in dispute so when you issue proceedings state this asking for compensation at the judges discrestion

[Guest Alison82]

I did start it a while ago but they asked me to put it on hold for 28 days at one point which I did as it was quite a complex case (not just charges), I know what you mean though it has takedn FAR TOO LONG! (not shouting at you, shouting at them!!) Yean it's all very well quoting that but they just ignore it!! and so will the IC but enough is enough letter bing sent to th IC tommorrow!!

 

Any advice what to do with the claim though.

 

ps: Their defence dealine was up yesterday

[Guest Alison82]

I have submitted my claim against Halifax for £2,600 approx; they have now refunded me in full but are not willing to remove the default which was due to these charges. They have submitted the defence and stated that they have given me a refund and say the default was not because of he charges it was a true reflection of how my account was run, How can this be! If they had applied true pre estimated penalty charges (i.e. £2) then I could have paid them off and their would have been no need to issue me with a default notice and enter the default! Instead they charges me over £1,500 and removed my O/D! At the time I was working just one day a week (after finshjing uni and looking for a job) earning just £245 and they sould see this as I used that same account; this works out to be 9 times my salary that they were demanding!

 

I wrote to them the day after they wrote to me and said that I am not willing to accept the refund unless they remove the default but this must have crossed in the post as the deposited the money and submitted the defence.

 

I am going to submit my allocation questionnaire with the cheque as normal by the 13th August along with a statement from me (a copy of questionnaire to Halifax but not the statement).

 

Can they justify this, where do I stand? Are they just seeing how far they can push me or is this something else?

 

 

Thanks

 

This is my main thread, sorry for starting another one

http://www.consumeractiongroup.co.uk/forum/halifax-bank/134-1-600-default-halifax.html

[ArthurC]

I would take this to the Finanancial Ombudsman service. They have a website that will give you all the details of how to make your complaint.

[zootscoot]

Have you done a s.10 request?

[Guest Alison82]

I orginally done a DPA request, but they did send me a default notice but regardless; the default was due to the charges! What would a s.10 request do? And is the Finanancial Ombudsman likely to do anything? Should I let it go all the way to court; this seems really 'unfair', why should I be stung for 6 years because of their dishonstey!!

[zootscoot]

I'm assuming your s.10 request was included in your prelim letter, although as this issue is already at court stage it is pointless doing another.

 

Was the payment made as an offer to settle dependant upon you not pursuing the default issue or was it a partial acceptance of the court claim?

 

Either way you are entitled to keep the money either as partial settlement of your claim or in satisfaction of part of the claim. If it was an offer of partial settlement, however, be prepared for them to take it back on receipt of your letter.

 

Have they actually submitted the defence with the court or was that just stated in the letter they sent you?

 

The Financial Ombudsman can investigate them and fine them - but they can not provide a remedy for you.

[Guest Alison82]

Hi, they offered to settle for the full amount but did not mention anything about the default in their letter which is why I wrote back to them saying that I was not prepared to inform the courts of a settlement until they removed the default as well, I did not say that I wasn’t going to accept the money.

 

They made the settlement before they received my letter as it must have reached them the day or the day before their defence was due. They have submitted a defence to the courts to defend the removal of the default.

 

Ok, so I’ll inform the IC, and continue as normal with my claim, do you think they have grounds to leave it on my file?

[zootscoot]

You did the right thing in your letter, but still be prepared that they might remove the money just in case. Although if they have only defended the removal of the default it seems they are accepting liability to repay charges.

 

I can't comment on your particular case- although it seems the crucial question in these cases is whether the charges were levied before or after the default.

[gemka]

Hi there

i am new to this but just read your thread and wondered what reply you got from the halifax after you sent prelim, i have just sent this and got a reply saying they will look into it and get back to me within the next 4 weeks, should i just send the LBA letter or wait the 4weeks and then send it?? what did you do?

 

thanks for any advice

[Guest Alison82]

In their defence that stated that they have refunded me the full amount (interest plus costs) I don’t think they are likely to withdraw it but I shall take it out incase.

 

My account was fine in October until some cheques bounced then week after week that added more and more charges sometimes as much as £117 a day, finally in January the sent me a default notice for £1,700. One of the managers (Peter Lane) said I could pay £700 and then pay the rest of month by month I tried to raise this but couldn’t which is when I discovered that bank charges were unlawful. I sent my DPA request and told then the fact that these charges were unlawful and quoted section 13.6 of the B.C on February 2nd (I know), they then issued the default on the 6th February.

 

Now I have never had a default notice from them in the past and it was only because their charges were so high and frequent that I could not afford to pay.

 

I know 100% that if they did not add £1,700 worth of charges and remove my £500 overdraft over those 3 months (when they could see and I told them that I was only working one day a week) then my account would not have been defaulted!

[Guest Alison82]

Hi there

i am new to this but just read your thread and wondered what reply you got from the halifax after you sent prelim, i have just sent this and got a reply saying they will look into it and get back to me within the next 4 weeks, should i just send the LBA letter or wait the 4weeks and then send it?? what did you do?

 

thanks for any advice

 

Hi they fobbed my off big time! asked me to wait 28 day whilst they thought about it and stupid me I did; that’s why this has dragged on so long plus then running over the DPA deadline. All I can say is, stick to YOUR time table, keep it short and sharp and don’t believe a word they say.

 

Good Luck

[gemka]

Thank you good luck with clearing your default i have one from the halifax as well so will let you know if i get anywhere

[THEVARNSTER]

At the end of the day, they unlawfully took money from your account, forcing you into the situation. Good Luck..

[Guest Alison82]

Exactly!

 

Gemka, if you need any help let me know

[zootscoot]

It seems to me completely unfair the way they have treated you and that the default was caused by their charges (opinion only). Also (again only opinion) the chances of them actually defending this are slim. If they do not defend where the have to pay out thousands in money whats the chances of them actually turning up and paying to defend the removal of a default which has very little or no impact on their business?

 

Best of luck with this

 

Zoot

[Guest Alison82]

Yes very true, thanks for that, I feel tons better now

[ArthurC]

I still feel it would worth a try at taking it to the Financial Ombudsman Service. If you put your case to them and they agree that you have a just complaint they may advise Halifax to withdraw the default. What is their to lose?

[Guest Alison82]

Yes I will do this, I hope they get a fine!

Does anyone have a template that I can modify?

[Guest Alison82]

Brief outline, charges loads by Halifax, they gave me a time limit of when to pay it otherwise they would default me, found out about ‘bank changes’ just before the deadline did not pay and started the process instead. Now a good few months on I filed my claim, Halifax have refunded over £2000 (£1500 hadn’t actually been paid by me so it was voided off my account). In my claim I included the full removal of this default as it was directly a result of the charges. Halifax refunded the money but refused to remove the default saying it was not due to the charges?!

 

I received a letter the other day from the courts to say

 

The District Judge said the following:

 

“Advise the claimant that her claim is for a monetary sum and if that sum has been paid there is now no claim to pursue”

 

 

What should I do now, I followed the rules, and I included it in my claim and gave a brief out line of how the situation began.

 

 

I can’t allow this default to stay on my file foe 6 years due to Halifax’s greediness, their reason of issuing the refund was that it would be too expensive foe them to defend; then surely this would be the same?

[barracad]

Can you please advise, word for word, what you wrote in your Particulars of Claim?

[Guest Alison82]

Yes I will have to find it again as this was a few months ago, but I definetly included the default removal as part of my claim.

[zootscoot]

Was this via mcol? as this only deals with money claims. Claims for anything else have to be via N1.

[barracad]

Alison I've merged your threads as it is difficult to see the full history otherwise. I don't know if I've done all the relevant bits though as you had 29 threads so it is almost impossible to see which thread relates to which.

 

I can't see a claim number through any of your posts, or a mention of which court. We really need to know what your Particulars of Claim said in full, and which court you sumbitted your claim through.