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Halifax...the trouble we are having!
Tricks_2
Posts: 10 Forumite
Hi All,
After reading all of your posts, I thought I would post and see what you thought of the predicament my husband and myself are in with Halifax, we sent them the first letter requesting six years worth of statements back at the beginning of April, which we recieved within two weeks, I promptly worked out how much they had deducted in charges over the six years, which added up to an astonishing amount of £6701.00, we promptly wrote back to them within 2 days and asked them to refund the charges as what they had charged was unlawful, we recieved a letter saying our complaint was being handled and we would recieve a decision with 8 weeks (which is apparently the time allowed by the Omnibusman).... I have since found out this is not true, we then recieved another letter informing us that they will not be refunding any bank charges and deem the complaint closed.
Of course we were not happy about this and because of the amount of the charges they had taken have proceeded a claim on MCOL for the full amount, plus court charges of £250.00, while we are aware this is above the £5000.00 threshold for a small claims court, we do not feel it fair that they should simply get away with charging this amount over six years.
Halifax were served the papers on 4/6/07 and acknowledged them on 11/6/07 and extended their response time to 28 days, while defending the claim..... which we were 100% expecting....
Our main worry now is that as the claim is over the £5000.00, does this mean we will have more of a fight on our hands that we would have done if it would have gone through the small claims court, or do you think they will settle or even show at the court date?
We are still awaiting the detials from the court as to why they are defending the claim and awaiting for the claim pack which we have to fill out!
I cannot believe they have charged this much, and think they can simply get away with it!!!!
Any advice would be appreciated.
Thanks
After reading all of your posts, I thought I would post and see what you thought of the predicament my husband and myself are in with Halifax, we sent them the first letter requesting six years worth of statements back at the beginning of April, which we recieved within two weeks, I promptly worked out how much they had deducted in charges over the six years, which added up to an astonishing amount of £6701.00, we promptly wrote back to them within 2 days and asked them to refund the charges as what they had charged was unlawful, we recieved a letter saying our complaint was being handled and we would recieve a decision with 8 weeks (which is apparently the time allowed by the Omnibusman).... I have since found out this is not true, we then recieved another letter informing us that they will not be refunding any bank charges and deem the complaint closed.
Of course we were not happy about this and because of the amount of the charges they had taken have proceeded a claim on MCOL for the full amount, plus court charges of £250.00, while we are aware this is above the £5000.00 threshold for a small claims court, we do not feel it fair that they should simply get away with charging this amount over six years.
Halifax were served the papers on 4/6/07 and acknowledged them on 11/6/07 and extended their response time to 28 days, while defending the claim..... which we were 100% expecting....
Our main worry now is that as the claim is over the £5000.00, does this mean we will have more of a fight on our hands that we would have done if it would have gone through the small claims court, or do you think they will settle or even show at the court date?
We are still awaiting the detials from the court as to why they are defending the claim and awaiting for the claim pack which we have to fill out!
I cannot believe they have charged this much, and think they can simply get away with it!!!!
Any advice would be appreciated.
Thanks
0
Comments
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Hi All,
After reading all of your posts, I thought I would post and see what you thought of the predicament my husband and myself are in with Halifax, we sent them the first letter requesting six years worth of statements back at the beginning of April, which we recieved within two weeks, I promptly worked out how much they had deducted in charges over the six years, which added up to an astonishing amount of £6701.00, we promptly wrote back to them within 2 days and asked them to refund the charges as what they had charged was unlawful, we recieved a letter saying our complaint was being handled and we would recieve a decision with 8 weeks (which is apparently the time allowed by the Omnibusman).... I have since found out this is not true, we then recieved another letter informing us that they will not be refunding any bank charges and deem the complaint closed.
Of course we were not happy about this and because of the amount of the charges they had taken have proceeded a claim on MCOL for the full amount, plus court charges of £250.00, while we are aware this is above the £5000.00 threshold for a small claims court, we do not feel it fair that they should simply get away with charging this amount over six years.
Halifax were served the papers on 4/6/07 and acknowledged them on 11/6/07 and extended their response time to 28 days, while defending the claim..... which we were 100% expecting....
Our main worry now is that as the claim is over the £5000.00, does this mean we will have more of a fight on our hands that we would have done if it would have gone through the small claims court, or do you think they will settle or even show at the court date?
We are still awaiting the detials from the court as to why they are defending the claim and awaiting for the claim pack which we have to fill out!
I cannot believe they have charged this much, and think they can simply get away with it!!!!
Any advice would be appreciated.
Thanks
Firstly, have they just indicated an intention to defend, or actually filed a defence? They are two different things.
If they do actually file a defence, and the court service does transfer the claim out of the small claims track because of the amount, it might be an idea to seek professional legal help, if possible on a fixed "no win, no fee" basis.
In either event, the bank still has the same problem. How to defend the claim, without appearing in person. They daren’t show up. The last thing they want is to have to answer some potentially very expensive questions, such as just how little it does cost them to administer a late payment, overdraft, etc.
Please read the Reclaim Bank Charges Help thread for information and the Reclaimed Bank Charges Success Stories and Reclaimed Bank Charges Success Stories II threads for inspiration.The acquisition of wealth is no longer the driving force in my life.
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Hi there,
Thanks for the advice, all it says on the court letter we recieved was that they intend to defend the whole claim!!!!
We have still yet to recieve the information from the court etc.. and the 28 day deadline will be at the beginning of July, if we do not get a response from them by then, what happens? Does this just go in our favour and they have to pay up?
But you are correct, if this goes to show and they do show up, we will want evidence of the fees they charge and a breakdown.. which I believe to date no bank has been able to provide...
We are getting more increasingly nervous about this, but will hold our ground and download the court bundle as per the advice on the forums....
I just prey it all goes in our favour!
:j0 -
Just to add....
On the acknowledgment of sevice they have ticked the following box:
** I intend to defend all of this claim.......
In plain english what does this mean?
Thanks again!0 -
Hi there,
Thanks for the advice, all it says on the court letter we recieved was that they intend to defend the whole claim!!!!
We have still yet to recieve the information from the court etc.. and the 28 day deadline will be at the beginning of July, if we do not get a response from them by then, what happens? Does this just go in our favour and they have to pay up?
But you are correct, if this goes to show and they do show up, we will want evidence of the fees they charge and a breakdown.. which I believe to date no bank has been able to provide...
We are getting more increasingly nervous about this, but will hold our ground and download the court bundle as per the advice on the forums....
I just prey it all goes in our favour!
:j
This is exactly what they (the banks) are doing to everybody! I wouldn't be worried about the fact that is over the £5000 mark, the case is the same as everyone else's and the defence will no doubt be the same as everyone else's too. Its all a game of nerves, they know you are right, but they will try to intimidate you into accepting a lower offer as this is seen as a partial win on their behalf. ie "Look at all the money we've saved by not paying out 100%!"
I am of the firm opinion that if a bank can't make a reasonable offer of around 85% of their original charge back to you then they deserve to be taken for 110%
The more people that take 100+% off them the better! As its everyone that takes the lower settlements that gives the Banks hope and ammunition to screw the rest of us
Got It & Spent It :dance:IKEA CARD = £120 charges = £175 received (146%)MARBLES = £450 charges = £370 received (82%)I.F. = £494 charges = £494 received (100%)CAPITAL ONE = £981 charges = £1,489.03 (152%)BARCLAYCARD = £580 charges = £786.12 (136%)On Hold :mad:A+L = £722 charges (target = 147%)BARCLAYS = £1,405 charges (target = 128%)BARCLAYS = £175 charges (target = 140%)ABBEY = £3,220 charges (target = 148%)0 -
Hi all
I have posted before, but looking I suppose for some reassurance, we are currently in battles with Halifax with regards to my husbands bank charges of nearly £7k.
We done all the correct procedures and in the end they refused by their normal letter so we proceeded straight to court action, they acknowledged this on the 11/06 (papers were served 4/6) and we recieved the letter from the courts saying they 'intend to defend the whole claim' and used the 28 day extension.
To date we have recieved no further correspondence from the bank nor the court and the 28 days are up on the 2/7, which is next Tuesday.
The account is in my husbands name, and therefore I am not allowed to call them to find out what is happening (and my husband is not very confident on the phone).
Do we now just leave this until the 2/7 to wait for a response and if they do not respond we file a judgment agaisnt them - which I am of the understanding we have won as they have not defended the claim within the given time frame, or shall I get my hubby to call - and be brave to see what is happening.
Does anyone have a magic number for halifax??????
Any help would be very much appreciated!
Tricks
0 -
Hi all
I have posted before, but looking I suppose for some reassurance, we are currently in battles with Halifax with regards to my husbands bank charges of nearly £7k.
We done all the correct procedures and in the end they refused by their normal letter so we proceeded straight to court action, they acknowledged this on the 11/06 (papers were served 4/6) and we recieved the letter from the courts saying they 'intend to defend the whole claim' and used the 28 day extension.
To date we have recieved no further correspondence from the bank nor the court and the 28 days are up on the 2/7, which is next Tuesday.
The account is in my husbands name, and therefore I am not allowed to call them to find out what is happening (and my husband is not very confident on the phone).
Do we now just leave this until the 2/7 to wait for a response and if they do not respond we file a judgment agaisnt them - which I am of the understanding we have won as they have not defended the claim within the given time frame, or shall I get my hubby to call - and be brave to see what is happening.
Does anyone have a magic number for halifax??????
Any help would be very much appreciated!
Tricks
As you have already filed you may as well just wait. Alternatively give the number at the top of your rejaection letter a ring and tell them you are awaiting details of your court action but that if they agree to repay all the charges you will not take further action. I am not sure if you have claimed interest on top of charges but you could say if they repay all charges and court fee you will drop the interest claim.
It is entirely up to you.
I reclaimed 96% of my claim with halifax without having to go to court.Total amount received £2000 out of a £2076.00 claim. Other people have got 100% but i was over the moon wth what i received. Its a personal thing
Good luck and let us know what happens0
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