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Halifax Share Dealing is threatening me because of their banking error mistakes...

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  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    I agree, you must repay it. You are not the first person to have money credited to their account in error who spends/withdraws (or invests) it and then try to wriggle out of repaying what was never yours in the first place, you can't and banking law is on their side in this matter.

    Where this happens with an interest earning account then the interest you earn on the money while in your account can sometimes be retained by you but you always have to repay the original sum.

    BTW there is no such word as indikement
  • alanq
    alanq Posts: 4,216 Forumite
    1,000 Posts Combo Breaker
    Refusing to return an amount that you know to have been credited in error could be treated as theft. Halifax recovering the debt by sale of shares seems the less painful option.

    http://news.bbc.co.uk/1/hi/magazine/6966683.stm
  • sabretoothtigger
    sabretoothtigger Posts: 10,036 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    edited 17 July 2009 at 8:54AM
    Since its their error they can pay you the difference for any loss to yourself in this adjustment, just say after taking further advice you expect to be indemnified
    If you use big words they cant argue :p
  • alanq
    alanq Posts: 4,216 Forumite
    1,000 Posts Combo Breaker
    I had a similar problem with a Barclays Managed PEP many years ago. The Bank itself put through the same buy transaction twice when there was only cash in the account to cover one. They then sold one set of shares (at a loss) a few days later to get back to a positive balance.

    I am sure that was all that would have happened had I not complained. I wrote requiring a refund for the loss on the sale, stamp duty, commission, loss of interest that I would have received on the positive balance and any interest charged when overdrawn. I did not use long words but clearly stated what had happened, what I required to happen and quoted a couple of relevant sentences from the Ts&Cs. My account was credited with an appropriate sum.
  • Hi all, and thanks for the replies.

    Having gone over my T&C's, been to the CAB and read all these replies, I have felt it to comply to one of their two conditions come Monday. However I will be writing to the FSA and even Halifax's own sponsored-but-independent Ombudsman.

    The CAB were actually upbeat in my challenge and told me to let this go to court, however I did not show them my T&C's, though they did tell me to go over them.

    I respoke to Scott Grayf, the stereotypical evil manager (he'd love this!), and he was 'confident in his legal team' or something, doesn't make it right though. In short, I got the terms he is enforcing, and it would take someone wit higher intellect than myself to spot any loophole therein or anywhere else therein, if any! If anyone here reading this can give me advice no matter how last minute, I'm in (sabretoothtigger, I'm not sure how serious your advice was, if it is feasable please clarify and expand, hows that for biggish words?... if I had said that and asked what I meant, I'd be as stumped as them???)

    I'm also only complying for simplicity, I have other better things to be dealing with! I'm just surprised they are not lenient on their own banking errors, and impose ultimatums with strict deadlines on the innocent bystanding account holder, me (sorry for the sob story, I think very few on here will agree with me, alanq maybe, but still...).

    Skip this paragraph if you wish, however, I still maintain they are a Mickey Mouse Operation with egg on their faces, yet slyly have super evil powers to be able to cover their tracks and have their customers wench them out of any shortcomings! (Let's face it, RBS has helped them HOW MUCH??) Though I think it's only a matter of time before a 'chosen one' will defeat this evil corporation (starting to sound like a hippy now, I just wish I was up for the challenge with the intelligence and free time to boot!).

    Rest assured I am a Nationwide & Barclaycard customer, this is my only non-Nationwide savings account in the UK, and Nationwide have been nothing but nice, sincere, professional, and considerate over the last 11 years, it's no wonder I didn't understand the 'bank manager stereotype' until now!

    Also rest assured after this is dealt with, at the first opportunity I am closing this account and never going to any HBOS product again, I recommend everyone do the same! I've heard negatives about every banking firm except Nationwide, I just didn't think I'd get so screwed by Halifax, so much for friendly Howard, no wonder he isn't in their ads anymore!

    In responce to 00ec25, I did say I wasn't sure about the spelling of 'Indikement', however I had never heard of this word or any similar sounding word until Halifax used it. Their definition of this word, however it's spelt, is say there is a share that costs 50p, because Halifax don't sell and buy shares direct they go through a third party that'll either hike up a purchase to 51p or sell it at 49p, the 1p differences in this example is what they make for fobbing you off with a false price! I'VE KNOWINGLY PUT UP WITH THIS FOR YEARS does this make me a bigger losing fool or what???

    On a personal note I'm neither the world's winner or world's loser, I'm in the middle with balancing wins and losses, this will just be a loss, and the fact that these indikements/endikements/whatever has meant every time I've 'won' with a sale, I've also 'lost a bit'. I really hope Scott Grayf is Atheist, the end!
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