HBOS aka Halifax Bank of Scotland

1mmaker

they have 40 days since letter date to respond.

I got that letter above a few days back so hopefully i should have my statements soon.

Just everyone keep posted on here with how we all gte on agains HBOS

Gav

Luke1982

Recently sent bank details of my default charges, bank statements for the last 4 years I have had that account open. Came to a massive £1750. Anyway was charged heavily last month after not realising how little cash I had in my account just a few small things but enough to effect my balance this month. So I phoned the banks customer relations manager today asking for help with the charges they offered to release two of the charges but i have managed to barter the third also.
Anyway while talking to them I brought up the subject of the letter I had just recently sent them, using the templates on this website I merged the first and second letter together (ie, Request for charges back and also threats of court action if request not accepted). The kind lady at the end of the phone (Bank of scotland) said that they will send me a letter in five days or so (only sent letter yesterday) offering me "As a goodwill gesture" roughly the full amount of my request back.
The question I have is if they do not pay up the £1750 what is the most likely figure they will refund me? could really do with the £1750 as most can imagine this time of year.
Reading through others posts of having to go to court and so on, I was suprised by the responce of the bank saying that they would more or less refund it....are banks becoming weaker? Buckling easier to peer pressure? Anyone else had any success storys that have only taken a week or two to clear? Regards Luke. :T

Luke1982

In fact what I would like to know is has anyone just been given back a refund or partial refund from the first two letters alone, ie asking for it then threatening with court action? As that appears to be what is happening for me, I really dont want to have to go through the court. But as i said looks like the bank is buckling to my threatening letter about "Legal" action.
Below is a copy of the letter I sent them special delivery lol!

Bank of Scotland
Customer Relations
PO Box 29112
Dunfermline
KY11 2ZX

04 December 2006


Dear Sir or Madam,

Re. Account number:
Sort Code:

I am writing to request that you repay all the default charges that have been applied to my account.  I do not believe these charges reflect the true cost to Bank of Scotland of going into unauthorised overdraft.

The charges total £1755.00. I believe I have been unlawfully deprived of the money and therefore ask that you repay me the full amount. Please find a full schedule of the charges with this document with aforementioned charges. If repayment of these charges are not made I will be contacting small claims court.
This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the court will rule in my favour
 
If my request for a full refund of charges is not met I will seek legal action in a court of law. You will then be required to pay interest on top of the amount aforementioned which in this case is another 269.79 GBP as well as court fees.

I look forward for a full response and refund of charges in retrospect to this letter within 7 days of the date on this letter.. Failure to reply and refund will result in legal action.

Yours faithfully,







Luke Shepherd

Luke1982

ignore typos

Rex_Mundi

I've seen a couple of people sending just the one letter, then issuing a court claim. As tempting as it is to try to speed up the process, this is a very bad idea. You could damage any court claim you issue by doing this. When you issue a court claim, you must be able to prove that you've attempted to settle the matter before you took the case to court. Just one letter giving them seven days, then straight to a court claim could be looked upon very badly, and go against you in court.

Martins advice, and the advice over at CAG has been researched, and thought over to give you the best chance of reclaiming your charges. All the advice given is to send two seperate letters with a time limit for each letter. By doing this, at least it would appear to the court that you have made an effort, and given the bank sufficient time to try to settle the claim before you went to court.

Regarding the bank making an offer. Don't be surprised if the offer is as low as 10% of your claim. I've seen this as a first offer more than once before.

riccardo_2

Wrote the first letter in early November. Recieved notice of recieving it the other day. Today recieved a letter saying they could not give me the total costs of charges but sent me all the statements for the period 01 till 04, for both accounts requested. I dont know why nothing till now unless to do with Halifax merger.Am manually going thro statements and need to know if can claim for chartges for returned d/d (£30) or just excess charges(£20). Should I phone for the rest of my statements or just go with what i`ve got?
Thanks in advance

lynzpower

you can claim for both.

they have 40 days to send your statements- what day did you send the SAR?

Ropey_3

No, this is due to them messing you around.

Send them another letter explaining that the clock is still running from the date of your original request under the DPA saying you want all the information they hold on you.

Do not think you have to do things the way the bank tell you or that they are somehow in control of your claim for the return of your money.

Good luck.

riccardo_2

Thanks for help
phoned and asked for missing statements. Was told will be sent them. Will keep informed of how it is going band ask advice before the second letter.

Ropey_3

The original £10 fee you sent covers the maximum fee chargeable for a Subject Access Request from anyone who holds data on you for all the data they hold on you.

Don't just threaten your bank, get a complaint in to the Information Commissioner.

Good luck.