halifax bank charges (merged)

lesleyvhalifax

After spending the last 4 hours reading all of the threads I have decided to take the plunge and I will be starting my claim soon:beer:

Edinburghlass_2

Get downloading those template letters, there is a bottle of champers riding on this

lesleyvhalifax

:rolleyes: unfortantly will have to start the ball rolling after march 1st when get wages paid in (if there is any left after £200 of bank charges come out):eek:

Lorr1465_2

Hi recieved call from halifax today offerering me all my charges back. But yesterday claimed through the small claims court. Halifax man rang me back and said since i had claimed through the courts i might as well wait and get some interest back as well..has this happened to anyone else?

catalonia13

lorraine_stennett wrote:

Hi recieved call from halifax today offerering me all my charges back.

Hi Lorraine,
thats good! but when did you send the letter....?!
rgds,
Linda

Lorr1465_2

Not recieved a letter from halifax just a phone call today with the offer. Put the claim in yesterday at the court by hand. halifax have said that since i have started the claim route it will be sent to a different department and they will settle it from there.

Lorr1465_2

Sorry first letter was sent 27th january and second letter 14 days later

sgx.saint

Hi.

I'd like to share an update to my situation, but at the same time seek some advice.

I commenced legal proceedings against Halifax Plc on the 17th of February. On the 20th, I received a letter from Halifax offering to settle in full out of Court.

My account is currently still active with Halifax and of course Halifax wish to refund the charges directly into my account.

However to me this is not acceptable as I want to use the refunded charges to pay off some smaller debts with other lenders.

Now after receiving some advice from another source, I have discovered that this could be deemed as being unfair' for Halifax to refund the charges into my currently active account.

This is due to Regulation 5, Sub-Section 5 of the Unfair Terms in Consumer Contracts Regulation 1999. More specifically:-

"(b) inappropriately excluding or limiting the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, including the option of offsetting a debt owed to the seller or supplier against any claim which the consumer may have against him;"

This translates through as if you raise a claim against a creditor due to an ill act ( unlawful charges) they should not off-set it against any debt you owe them.

Thanks to Aaron on Consumer Corner for pointing me in this direction.

So, I was wondering if anyone had used this regulation to get Halifax to issue a cheque rather than off setting the debt?

I am just wondering how to phrase my reply letter to Halifax later tomorrow.

I appreciate your thoughts.

Edinburghlass_2

blisteringblue wrote:

Started the process last week with reclaiming OHs charges with the Halifax, but we sent our 1st letter and our £10 cheque to the Branch in question and not the Data Protection Manager. Is this going to make any major difference?

It will get to the right department, don't worry about it.

bradrock

hi there, sent letter 6th feb for statements and they took the 10 cheque out the bank on the mon 19th how still not got them how long before i get them??