Reclaim Unfair Bank Charges Discussion Area

cyberman_3

codydog78 wrote: »

this isn't quite a success story yet!!

i have gone all the way to the 28 defence stage with moneyclaim online against the Halifax who stated they intented to defend against my claim....

however, (halfway through the 28 day defense period) i recieved a letter on 2nd of this month. it states that the halifax have decided it's not in their interest to continue to defend against my claim and will settle by paying me the full amount+interest+bank charges within the next 5 working days. this runs out tommorrow and i haven't recieved the money yet.

i have just phoned their customer relations manager to inform him i accept their settlement and will stop the claim as soon as i have access to the money. he promptly told me that the cashiers have "overlooked" my payment and he would email them immediately and tell them to pay me by close of business today.

so, fingers crossed i get my money today............

CONGRATULATIONS YOU WON

Now, for everybody reading this, this is most interesting. The claim for £2500 was paid because Halifax thought "it was not in their interest to continue to defend the claim"

£2500 is a lot of money so why have they backed down. It surely cannot be because it will cost them time and money attending court, so what happened?

Could it be that Halifax have woken up to the forums on this site and other sites, are they worried about exposing their system, or are they just fed up with the amount of claims they have.

Whatever the reason, the post by codydog78 rather sets a precedent and ALL Halifax claimants should take note.

tinkerbell1978

oh dear can anyone help do i just go straight to the ombudsman now will have to sit down properly tonight when my little one is fast asleep and look at martins bank charge info dont wanna mess this up

cyberman_3

k1mmie wrote: »

I sent a letter requesting charges from Natwest on the 7th April. I then sent another on the 18thApril with the payment of £5.00. I then emailed customer services on the 5th May, asking for a follow up. They replied saying they had no knowledge of my application. I then sent a reply giving them the information was signed for by their offices on the 12th April and to follow it up. Is this a typical stalling technique????

STALLING FOR TIME

It's a great shame, Natwest at one time were a very honourable bank but that has changed since they were taken over by The Royal Bank of Scotland

princesskez26

Hiya guys, I'm just sat wondering I am due to file 2 court claims against Lloyds TSB next weds. Is it quicker for me to do it via MCOL or via the locall court and how do you go about it at the local court ? I've had a look on MCOL and that looks straight forward to me, many thanks

Kez

bubbles_darling

hi everybod

this morning got a "defence" letter from natwest aka cobbetts do not understand most of it,but paragraph 3.1 says

The particlars of claim set out no facts indicating what the claim is about, are incoherent and do not disclose any legally recognisable claim against the defendant...

paragraph 4 says

the defendant invites the claimant to remedy the above, in the event that the claimant fails to do so within 14 days of the service of the defendant then the defendant will apply to the court for an order striking out the particulars of claim..

Natwest did offer me a claim about a week ago but declined as it was not enough, question is do i need to send anything off or sit tight and wait for a court date to come through the post..

would appreciate some help bit confused and worried thanks x

codydog78

here's the letter in full (with the personal info left out of course!!)


Dear Ms ........

i have recieved and have been dealing with the proceedings which you have issued against halifax plc in ********** county court.

your claim relates to bank charges debited to your bank account. These charges were debited to your account in accordance with the account terms and conditions, which you agreed to accept and by which you are bound.

i have returned the form of acknowledgement of service to ********* county court indicating Halifax intends to defend your claim. However , on a purely commerical basis, it will cost Halifax money to defend your claim in terms of the legal costs that will be incurred. It is unlikely halifax will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs are generally not awarded.

For this reason, but without admission of liability, Halifax is willing to reimburse £2218.00 in respect of the bank charges incurred, together with £284.18 in respect of approximate interest you've calculated was charged on your account as a result of charges. The Halifax will also reimburse £120.00 in respect of the court fee. This amounts to £2622.18 which will be paid into your account within the next 5 working days.

please note where an interest payment has been made, this constitutes 'taxable income' and any tax due on this should be dealt with between you and your local tax office.

Yours sincerly

Jim Kerr
Customer Relations Manager

cyberman_3

codydog78 wrote: »

here's the letter in full (with the personal info left out of course!!)


Dear Ms ........

i have recieved and have been dealing with the proceedings which you have issued against halifax plc in ********** county court.

your claim relates to bank charges debited to your bank account. These charges were debited to your account in accordance with the account terms and conditions, which you agreed to accept and by which you are bound.

i have returned the form of acknowledgement of service to ********* county court indicating Halifax intends to defend your claim. However , on a purely commerical basis, it will cost Halifax money to defend your claim in terms of the legal costs that will be incurred. It is unlikely halifax will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs are generally not awarded.

For this reason, but without admission of liability, Halifax is willing to reimburse £2218.00 in respect of the bank charges incurred, together with £284.18 in respect of approximate interest you've calculated was charged on your account as a result of charges. The Halifax will also reimburse £120.00 in respect of the court fee. This amounts to £2622.18 which will be paid into your account within the next 5 working days.

please note where an interest payment has been made, this constitutes 'taxable income' and any tax due on this should be dealt with between you and your local tax office.

Yours sincerly

Jim Kerr
Customer Relations Manager

Well, everyone must be given the chance to bow out gracefully even if they are wrong, you WON and that is the main thing. I bet your account terms and conditions did not mention anything about illegal penalty charges !!!!

For all Halifax claims, Jim Kerr is clearly the man to contact

bubbles_darling

your lucky codydog getting that from halifax my letter was nothing like that hopefully they will give me another offer!!!!!

cyberman_3

bubbles_darling wrote: »

hi everybod

this morning got a "defence" letter from natwest aka cobbetts do not understand most of it,but paragraph 3.1 says

The particlars of claim set out no facts indicating what the claim is about, are incoherent and do not disclose any legally recognisable claim against the defendant...

paragraph 4 says

the defendant invites the claimant to remedy the above, in the event that the claimant fails to do so within 14 days of the service of the defendant then the defendant will apply to the court for an order striking out the particulars of claim..

Natwest did offer me a claim about a week ago but declined as it was not enough, question is do i need to send anything off or sit tight and wait for a court date to come through the post..

would appreciate some help bit confused and worried thanks x

The question you must ask is if Natwest offered you a figure which you declined, then why are they now saying "incoherent and do not disclose any legally recognisable claim against the defendant...

Is there a right hand that does not know what the left hand is doing at Natwest ?

Edinburghlass_2

bubbles_darling wrote: »

hi everybod

this morning got a "defence" letter from natwest aka cobbetts do not understand most of it,but paragraph 3.1 says

The particlars of claim set out no facts indicating what the claim is about, are incoherent and do not disclose any legally recognisable claim against the defendant...

paragraph 4 says

the defendant invites the claimant to remedy the above, in the event that the claimant fails to do so within 14 days of the service of the defendant then the defendant will apply to the court for an order striking out the particulars of claim..

Natwest did offer me a claim about a week ago but declined as it was not enough, question is do i need to send anything off or sit tight and wait for a court date to come through the post..

would appreciate some help bit confused and worried thanks x

Have a read of this thread...

http://forums.moneysavingexpert.com/showthread.html?t=391640