Halifax Claim - Does the court ruling apply to my case?

cupcakesnomnom

Hope someone here can offer me a little advice.

We submitted our claim to the courts a week before they issued stays in response to the announcement of the test case ( a few years back) Our claim is in the region of £3000.

We have always had a very basic easy cash account with the Halifax (no overdraft) It is impossible for us to go below zero and the charges we were punished with were simply taken when we had money paid into our account.

So I am wondering if in our case, this is still classed as 'money payable to banks by the customer in respect of unauthorised overdrafts'

I would appreciate any advise as I have been approached by the banks legal team telling me I should sign a notice of discontinuance.

Thanks

Premier_2

I'm not sure what specific account you had with the Halifax, but if you couldn't go into an unauthorised overdraft situation, what were the charges for exactly?

Also, if there was no o/d, why were the bank taking money from you as soon as it was paid into your account. It was either owed, or the bank were doing something very wrong indeed.

The fact that the court claim was originally stayed, and you didn't object at that time, suggests that the outcome of the recent SC case is probably very applicable to your claim.

cupcakesnomnom

Looking back over old statements, all of these charges are listed as 'charges as notified'

To give an example, if organisation A tried to take a direct debit from our account where there was not enough money available, the Halifax would charge us £28 for the failed direct debit, they used to send letters indicating that the money would be taken within 20 days or else! They never ever let the account go below £0

This is what's causing me great confusion with regards to the court case, the charges more likely relate failed DD attempts more than anything else, like I mentioned, overdrafts don't really come into it.

Hope this helps.

cupcakesnomnom

Anyone??

natweststaffmember

cupcakesnomnom wrote: »

Anyone??

Sounds similar to this: http://www.legalbeagles.info/forums/showthread.php?p=150504#post150504

What has the court where your stay in place said?
Call the court on Monday and ask the terms of your stay.

Premier_2

Have a read of your terms & conditions of the specific account carefully.

With most bank accounts when you attempt to spend money you don't have, you face the possibility of incurring 2 charges:

1. A charge for assessing whether or not to grant you an instant overdraft
2. If granted an instant overdraft, the charge for providing that overdraft

You suffer charge 1 even if no overdraft is granted.