HBOS aka Halifax Bank of Scotland

Kurt_Hamster

both the 14 days and the 40 days are calendar days.

denim.demon

Edinburghlass wrote: »

As you can see by other HBOS claimaints they will keep putting you off, you now need to start your court action, send them another letter saying this is what you will do and give them 7 days, or wait the 8 weeks that they suggest.

From my experience they will use every delaying tactic that they can and then knock you back at teh last minute. My advice to anyone starting a claim is to stick to the dates set out by Martin rigidly, and take them to court if and when the time is up. Remember that HBOS customer service policy is abysmal.

Unfortunatley I simply cannot afford the court fees otherwise I would be seeing them in court. I have tried claiming at the court for a fee waver but been rejected.

kinkine

Further to my earlier posts, basically the Bank refused my total claim dated 2nd March for £1490.26 on one account and £1264.31 on the other, but paid £738.32 and £754.41 into the accounts last Friday respectively.

Phoneline said that they were only going back five years since my account was held in Scotland, but I have today received a letter from the Bank saying the following:-

"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.

However, on a purely commercial basis, it will cost Bank of Scotland money to defend your claim in terms of the legal costs that will be incurred. It is unlikely that Bank of Scotland 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 not generally awarded.

For this reason, but without admission of liability, for Bank of Scotland is willing to reimburse £610 in respect of the bank charges incurred, together with £128.32 in respect of approximate interest that Bank of Scotland has calculated was charged on your account XXXXX as a result of the charges and £667 in respect of the bank charges incurred, together with £87.41 in respect of approximate interest that Bank of Scotland has calculated was charged on your account XXXXX as a result of the charges. Please see the attached schedule for ease of reference. The Bank of Scotland will also reimburse £120 in respect of the Court fee."

It then goes on to say "The Bank of Scotland does not consider that you are entitled to the further £1261.84 that you are claiming. Unless you can provide evidence of this further loss the Bank of Scotland will file a defence in respect of this part of your claim."

On one account they have paid from 2nd July 2001 to 7th February 2006 - even though I claimed for charges from 2nd July 2001 to 12th February 2007, so they have gone back six years but not paid for last year.

On the other account they have gone from 18th May 2001 up to 31st January 2006, even though I claimed for charges from 2nd February 2000 to 30th November 2006, again going back six years.

Any thoughts, anyone?

Edinburghlass_2

Well, they obviously think you have enough of a case to refund some so I see no reason why they shouldn't refund them all as they aren't specifying exactly why they aren't refunding the full claim

If you feel like it I would be inclined to refuse the offer on those grounds and carry on, however its your decision.

shanewhite

shanewhite wrote: »

Halifax have now sent in an Acknowledgment of Service, saying they intend to defend all of my claim. Do you think they will. in the light of the Kevin Berwick judgement? ( http://news.bbc.co.uk/1/hi/business/6657025.stm )

They didn't! A letter arrived this morning offering to settle my claim in full (£2537.12), including interest and bank charges, which will be credited to my account (which is still open) in the next 5 days.

Thanks Martin and team!!!

Late edit: The money's already in my account.

GirlRacer_2

I have successfully reclaimed £1700 from the Halifax and have been helping my nephew reclaim his charges which are in the region of £3000. He's had a letter back saying the charges are lawful and are in accordance with the terms and conditions of his account. He has tried phoning them and they are having none of it.

They didn't bat an eyelid at my charges, they just paid up. I've told him to write to them with the second letter template. Is this the right thing to do?

kinkine

Thanks Edinburghlass, I think I will push on. I'll keep you all informed of how I get on.

IZZY01

I have had all my statements back since 17th April and sent my letter on 19th April, requesting refund. Received an acknowledgment dated 24th April, stating claim being investigated etc. Today I received all the statements again. This is 88days after initial request!!! Only 18 days for them to pay up, if not it's into the hands of the FOS

kinkine

Well, this is just a quick update.

I have written to the Bank accepting the money as partial settlement and look forward to seeing what happens next.

I also spoke to MCOL who told me that the case has been transferred to Southend County Court. I telephoned them this morning to inform them that I had received some of the money, but not all. A very nice man told me I had to put that in writing, and that they would only cancel the case if I actually instructed them to. I asked roughly when my case would be heard and he said that all these cases were being "held" until the end of June or so because then the Judge would be able to direct them, whatever that means. I mentioned that I had seen on the news that someone else had lost against the Bank and he said not to worry because it had no bearing in this court.

k1mmie

I spoke today with the customer relations department regarding my request for statement on 7th April which have still not arrived. They told me the fact I received a letter from them informing me they were dealing with my complaint means they have acknowledged it and will send them out.

I said "whats next" (playing dumb). SHe said once they send them to you they are looked at by a manager to see if the case should be accepted or declined based on the situation of the account when the charges were applied. If it is declined they will let you know - end of story - if accepted they will make an offer.

Hope this gives an insight in how they are currently choosing claims to pay out on.