halifax bank charges (merged)

helping_a_friend

hi everyone

I've been lurking a while and telling friends about this great site and helping them out.

helped a friend to claim charges successfully:j , who then told a friend and helped her to start a claim.

was offered a nominal amoun by the halifax (less than a third) so delcined offer, but now been told to take the matter to the Ombudsman:eek: .

can we still take them to court?

appreciate any replies

Helping a friend

Edinburghlass_2

If you have refused the offer you just proceed on the next step of taking the matter to court.

tinytot143

shazzar wrote:

Hi There,

After you received the letter saying they have sent it to their complaints dept how soon after that letter did you receive a letter indicating they were going to pay you.

I received a letter on Friday this week saying exactly the same as your letter but don't know if i should wait or lodge a claim through the courts.

shazzar

It was about a week. They replied to my letter straight away and then I got this letter. My letter sent 22nd Nov and the money offer was 1st Dec 2006.

tinytot143

rudeyjudey wrote:

Hi Tinytot

Was it only a small amount? Posted my letter to Halifax today requesting just a tad over £3000 and praying for a response like yours!

The amount that I claimed was for £3216.00

C1aire

Had a letter from the Halifax this morning saying that my requested statements are in the post, but they do not show where any staff intervention has occurred as it is within Halifax's statutory rights to withhold this information.

Is this just an excuse?

Will I still be able to claim my charges back?

thecornflake

Information relating to manual intervention should be covered under the DPA. I would possibly see if this is a common tactic used by Halifax (check the forums here and on consumeractiongroup in the Halifax section) and then write back saying as they have provided no evidence of manual intervention you assume there has been none on this account.

There never is anyway but the reason we ask for it in the DPA request is to stop it being an issue if it ever went to court and they tried to use it in their arguments.

You don't need them to say there has not been any, just to not provide any evidence that there has.

shazzar

Rex_Mundi wrote:

You stick to your own timetable. This looks like another type of delaying tactic. If they haven't offered to settle the full amount by the date you set them, issue a court claim.

I have downloaded the court papers as i called the courts in my area and they said as i was receiving Working Tax Credit i did not have to pay.

Not sure what to put in the section - Brief details of claim and particulars of claim, could you or anyone help me please!!!!!!!!!!!!!!!!


Thanx

Shaz

Rex_Mundi

For the brief details of claim, use these words...................

Return of charges and interest on charges taken by defendant from claimants bank account which are contrary to common law.

For the particulars of claim, I just wrote in..........

Attached are:
Particulars of claim
Schedule of charges plus interest (charged at 8% PA)

With the form, you need to attach your charges, and if you head over to https://www.consumeractiongroup.co.uk they have a ready made template for the particulars of claim (I think it's in FAQs IIRC).

You need three copies of everything (including three forms filled in). One for the court, one for the bank, and one copy for you (the court will stamp the paperwork and send you back your copy). If you don't want a court stamped copy back, you can just supply two copies.

luis1973

On the 23 August (due to a mis communication between me and my partner - me with a cheque and him with the card) we went over our limit by £1.33.

Halifax stung us with a charge of £39 so I credited the account with £40 to take us back to 0. Now I know this was a miscalculation but because we were now £0.67 overdrawn I put in another £20 a couple of days later figuring that would be enough. Now sometime in between the £40 and the £20 they charged us £28! Which then took us to minus £7 which of course I didn't know because as far as I was concerned I had put £60 in an account which was only originally overdrawn by 1.33!

So then there was another £28 charge which I did spot and eventually put another £50 into the account and managed to stop the snowballing.

So they have charged me £95 over the course of 1 month for an original debt of £1.33. :mad:

My question being - do I try and get the money back? Also - because this is my only bank account and my credit is so poor I am scared I won't be able to get another - will they close me down?

Edinburghlass_2

Its worth a phone call in the first instance and if they won't just tell them you will instigate further proceedings to reclaim the charges.