help required to reclaim Halifax Unlawful Bank Charges...

pumpking

I have been studying Martin's Lewis step by step process how to reclaim unlawful bank charges . they are very helpful and making me strong to stand up for my rights. This is the time for me to get my act together and process my claim ASAP. What I have done so far I have opened a parachute bank account as martine has adviced and also I have got couple of saving and share accounts with the same bank. But My claim is on my two current accounts which they have charged me quite alot and quite often in the last six years and they still do. these charges are for going over my overdraft limites or not enough sufficient money in my account for DD

question,
1) When I send the data protection act request with the £10, I understand it is important I send this request letter to their registered address which is in west-yorkshire. (Halifax plc)

2) Once I have got my data from the registered address should I write to the same registered address to reclaiming my charges or is it posible to send a list of charges with the letter to my Local Branch where I live? Because if it's go to court, west yourkshire is about 350miles away from me. I would be greatful if you could help me to make this first step please.

3) What about if the Bank reply back and request me to complete a financial statement to avoid to pay my hard working money back which they took it from me years ago? should I provide my financial statement for them or is it irrelevent for me to complete any finantial statement as they robbed me charging me unlawful bank charges? this is another way they try to avoid paying people back and offering finantial advice how to control our finance!!!!! I am try to gather more info to build up a strong case to support my claim. I am very greatful to everyone who takes their time to read this and hope this kind of quiry will help anyone else to prepare for themselve. any reply appreciated
:j

VeLoCiTY

I'm afraid I don't really have any answers to your questions, as I am in exactly the same position myself, and hoping to find the same answers. I am also trying to claim against Halifax for two of my accounts and have opened a parachute account with A&L which I am in the process of transferring all of my D/D's and S/O's over to. I would also appreciate any advice, thank you

mrcrazy04

I got stung for £35 which they refused to refund over the telephone on my current account, so I began the process of sending them letters.
A few days after the first letter (requesting the money) I received a letter from them stating that in their opinion the charges are lawful, but to fill in the hardship form and they would evaluate my claim of financial hardship.
I diligently filled in the form and posted it back to them, and have since heard nothing.
After 14 days I sent them the second letter threatening legal action and have still heard nothing, so I'm considering sending a follow up letter by recorded delivery and then evaluating my next move.

natweststaffmember

pumpking wrote: »

I have been studying Martin's Lewis step by step process how to reclaim unlawful bank charges . they are very helpful and making me strong to stand up for my rights. This is the time for me to get my act together and process my claim ASAP. What I have done so far I have opened a parachute bank account as martin has advised and also I have got couple of saving and share accounts with the same bank. But My claim is on my two current accounts which they have charged me quite a lot and quite often in the last six years and they still do. these charges are for going over my overdraft limits or not enough sufficient money in my account for DD

question,
1) When I send the data protection act request with the £10, I understand it is important I send this request letter to their registered address which is in west-yorkshire. (Halifax plc)
That is correct
2) Once I have got my data from the registered address should I write to the same registered address to reclaiming my charges or is it possible to send a list of charges with the letter to my Local Branch where I live? Because if it's go to court, west yorkshire is about 350miles away from me. I would be grateful if you could help me to make this first step please.
You would file a claim at your local county court using the Head Office address for the servicing of the claim ie that is where the claim is sent even though the case is heard locally.The case would be stayed anyway if it was filed in county court.
3) What about if the Bank reply back and request me to complete a financial statement to avoid to pay my hard working money back which they took it from me years ago?
The bit in bold I have highlighted because it is nonsense. The financial statement is about having proof of financial hardship. Not everyone is in financial hardship.

should I provide my financial statement for them or is it irrelevent for me to complete any financial statement as they robbed me charging me unlawful bank charges?
If you want a refund of charges under financial hardship then failure to provide a financial statement means the bank cannot assess you for financial hardship
this is another way they try to avoid paying people back and offering financial advice how to control our finance!!!!!
That statement is nonsense.
I am try to gather more info to build up a strong case to support my claim. I am very greatful to everyone who takes their time to read this and hope this kind of quiry will help anyone else to prepare for themselve. any reply appreciated
:j

You need to start the process and to claim financial hardship you have to read the following
2.
In making an assessment of financial difficulty the firm will take into account:
"a.
evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;
b.
evidence of the following events:
i.
items repeatedly being returned unpaid due to lack of available funds;
ii.
failing to make loan repayments or other commitments;
iii.
discontinuation of regular credits;
iv.
notification of some form of insolvency or court proceedings;
v.
regular requests for increased borrowing or repeated rescheduling of debts;
vi.
making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and
vii.
repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty)."

If you do not arrears on your account then you will probably find that the bank will not treat you as being in hardship. Not filling in the Financial Statement means that the bank cannot under the FSA Waiver on Bank Charges assess you for hardship and that means they will not treat you as being in hardship.