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halifax bank charges (merged)

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Comments

  • Wait until the money is in your account before you "close" the case, obviously there will be delays over this week because of the Bank Holidays.

    Ok I will wait, how long do you think I should give it before I start bothering them again? Man it was so good when that letter came through the door saying they were paying up. I look forward to reporting my success when the cash arrives.

    Thanks for the advice!
  • Jono
    Jono Posts: 61 Forumite
    Part of the Furniture Combo Breaker
    If you've not got the money then the decree has not been satisfied. Wait until you get the money before acknowledging anything.

    You could phone HBOS (or better still write and copy the Sheriff's Court in) asking for a date when fees will be refunded.

    Do not acknowledge anything until it has happened and that you are happy (i.e. that the money is in your bank and has cleared).

    I know Scottish Law is different from English, but why do you have to perform additional tasks to help HBOS? If they've got a Decree served on them, then they have to action it. Unless there is any legal reason, I would not write to the Sheriff's Court - after all, they [HBOS] could have just refunded you the charges, rather than going through all the hassle!
  • maniac886
    maniac886 Posts: 3,599 Forumite
    I would suggest sending one more letter with the updated charges, wait 14 days, if they don't repond then file a claim on mcol.
    "He's a maniac, maniac that's for sure,
    He will kill your cat and nail him to the door" :eek:
    Murphys No More Pies Club Member #95
  • about three years back i changed bank accounts to my current bank and unwittingly left a direct debit still active on my old account unitl i changed it over, had since moved addresses and so was not receiving bank statements form old bank anymore so was not aware of being overdrawn (in hindsight i really should have shut the accoutn down but didnt think it was a big deal)

    A debt collection agency tracked me down last year and scared the hell out of me saying that i owed this bank (HSBC) £500, or they would take me to court/reclaim goods to that value form my propperty etc so of course i paid up, have since learned about this whole bank charges reclaim stuff (oh deep joy) and am now thinking.... ''can i get my dosh back from my old bank evn though it was reclaimed through a debt collection agency'' theres a smile in it for anyone that can help, and if its an attractive young lady i'll throw ina wink too
  • maniac886
    maniac886 Posts: 3,599 Forumite
    HappyDale wrote: »
    HELP just received a letter off MCOL about the bank acknowlegdment of my claim,says that they intend to defend all of my claim? does that mean i need to go to court then?

    You will get an allocation questionnaire next which need filling in and returning to the court , and send with correct fees. Then you will be assigned a court date. The bank may however pay up before the court date.
    "He's a maniac, maniac that's for sure,
    He will kill your cat and nail him to the door" :eek:
    Murphys No More Pies Club Member #95
  • is that the last letter telling them they have 5 days to repay? sorry for being a bit thick
  • trets77
    trets77 Posts: 2,886 Forumite
    Part of the Furniture Combo Breaker
    ring them up and Threaten the Baillifs with a TV crew in tow .

    see how fast they jump !!!!!!

    also quote this story and say you will follow suit unless your money is in your account within a next 48 hours

    http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=430129&in_page_id=1770&in_page_id=1770&expand=true

    you will be my hero if you could get the bailiffs in on get in filmed on braodcast lol.
    Better in my pocket than theirs :rotfl:
  • maniac886
    maniac886 Posts: 3,599 Forumite
    about three years back i changed bank accounts to my current bank and unwittingly left a direct debit still active on my old account unitl i changed it over, had since moved addresses and so was not receiving bank statements form old bank anymore so was not aware of being overdrawn (in hindsight i really should have shut the accoutn down but didnt think it was a big deal)

    A debt collection agency tracked me down last year and scared the hell out of me saying that i owed this bank (HSBC) £500, or they would take me to court/reclaim goods to that value form my propperty etc so of course i paid up, have since learned about this whole bank charges reclaim stuff (oh deep joy) and am now thinking.... ''can i get my dosh back from my old bank evn though it was reclaimed through a debt collection agency'' theres a smile in it for anyone that can help, and if its an attractive young lady i'll throw ina wink too


    Yes you can reclaim the money back, first step is to send off the dpa request(with £10) so you can obtain your statements and see when and how much charges were made on the account.
    "He's a maniac, maniac that's for sure,
    He will kill your cat and nail him to the door" :eek:
    Murphys No More Pies Club Member #95
  • The banks might put in a defence, but that doesn't mean they are going to turn up in court. As usual they will make an offer to settle because they don't want to have to argue the lawfullness of their charges in front of a judge - this is something they are avoiding at all costs. And if you have charges less than six years old, they cannot apply to have the whole claim dismissed under the Limitation Act.

    On the other hand, if all the charges are more than 6 years old, as I've already said you may have a fight on your hands.

    But anybody with a mixture of charges which are older and younger than six years need have no fear that the banks will not pay out.
  • maniac886
    maniac886 Posts: 3,599 Forumite
    is that the last letter telling them they have 5 days to repay? sorry for being a bit thick

    I have noticed that you have already sent off the first letter, make sure you give them 14 days before you send off the second letter. If they dont respond then send the second letter and give them another 14 days, if they dont respond again then you can file a claim.
    "He's a maniac, maniac that's for sure,
    He will kill your cat and nail him to the door" :eek:
    Murphys No More Pies Club Member #95
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