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advice needed. Halifax threatening legal action


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My halifax account is overdrawn by £400, but this is ALL due to bank charges. Overall there's been £700 of charges in the last 2 months, and it was the charges which made the account overdrawn, and all the remaining overdraft is 100% charges.

 

Halifax are now threatening legal action to claim £400 "back" (It's not really "back" as I never took the money from them in the first place).

 

I am concerned as I believe that new claims for charges are currently "on hold" pending the OFT investigation.

 

How should I prevent Halifax from continuing with legal action?

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How far have you got with reclaiming the charges? if the account is subject to legal action by yourself then it is dispute and as per the banking code they should pass on to DCA's or pursue until it is settled.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Why don't you just sit back and let them take you to court ?

 

On the day of the hearing just ask for the case to be stayed pending the OFT test case....

 

This stay thing is a two way street, if it works for them it will work for you.

 

Prouty

If you cannot take on a problem head on, go around the sides, over the top, or underneath. If you still have problems, then change the rules. If you can't change the rules then manipulate yourself into a position where you make the rules.

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I'd like to go down that road, but surely I'd need to give them something in writing before the court date. I know the court wouldn't look favourably on me had I not attempted beforehand to at least ask for the account to be put on hold pending the test case

 

(I don't use the account anymore. I'm on my parachute one)

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I would start claiming charges and at the very top of the letter state account in dispute as this should stop them. It probable wont but then you have proof that you are trying to resolve the matter of the overdraft and they are pursuing you while account is in dispute. That should stop any attempt by them of court action to recover the £400 until after test case.

 

all the best dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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You can counterclaim, or let them claim against you - if they get as far as serving notice on you, simply enter the defence that the amount claimed is wrong because the charges were unlawfull - they are very unlikely to proceed!

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Hi Halibut

 

Just start your claim as normal then like the guys say you can challenge them as its more difficult when the account is in dispute for them to try and reclaim money back.

 

Good luck with your claim and we are all behind you.

 

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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Hi Halibut

 

Just wishin you Good Luck

 

Dont forget to post it recorded del.

 

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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