Enforcement Action Letter From Halifax

mitka

Hi everyone,
please could someone help me?

I bank with Halifax and last month I got into an unauthorised overdraft by around 35 pounds, because I have a standing order for NSPCC charity for 5£ to be taken of my account each month and last month I didn't have sufficient amount of money in my account to pay this 5£, so Halifax has charged me a fee of £39 which has taken me into an unauthorised overdraft of £35, which subsequently led into another fee-unauthorised overdraft fee of £28. So at the end I was left with dept of around £60 and all because there was £2 less in my account for £5 standing order to go through. I thought this is ridiculous and I got very upset and wrote to bank straightaway asking for all my bank charges statements for the past 6 years. As I'm waiting now for their response, in the meantime they sent me a letter saying, that my account is now £88 overdrawn (because of another 28£ unauthorised averdraft charge for this month) and I have to pay immediatelly otherwise they going to take a further action for the recovery of this money either by court or dept collection agency.

Do you think this is really legal? Please does anyone know or could please advice me what to do?

Thank you.

Twinkly

mitka wrote: »

Hi everyone,
please could someone help me?

I bank with Halifax and last month I got into an unauthorised overdraft by around 35 pounds, because I have a standing order for NSPCC charity for 5£ to be taken of my account each month and last month I didn't have sufficient amount of money in my account to pay this 5£, so Halifax has charged me a fee of £39 which has taken me into an unauthorised overdraft of £35, which subsequently led into another fee-unauthorised overdraft fee of £28. So at the end I was left with dept of around £60 and all because there was £2 less in my account for £5 standing order to go through. I thought this is ridiculous and I got very upset and wrote to bank straightaway asking for all my bank charges statements for the past 6 years. As I'm waiting now for their response, in the meantime they sent me a letter saying, that my account is now £88 overdrawn (because of another 28£ unauthorised averdraft charge for this month) and I have to pay immediatelly otherwise they going to take a further action for the recovery of this money either by court or dept collection agency.

Do you think this is really legal? Please does anyone know or could please advice me what to do?

Thank you.

They are entitled to threaten you with recovery action just as you are entitled to reclaim your charges. Its a catch-22 situation. Write and advise that the charges on the account are in dispute under the Unfair Terms in Consumer Contract Regulations and as such are subject to pending court action of your own. They should back off.

At this point all you can do is play the game of letter writing back and forth refusing to pay and continuing to claim. Good luck

mitka

Thank you so much for your reply, I really appreciate it.
Just one more question, do you know any template letter I could use for the reply? I'm not very good in writing this type of letters and I'm quite scared they might send a dept colletion people before I manage to get back to them.
Once again thank you.

fzx5v0

I was lead to believe theat the FSA was quite clear about this but may be wrong that a bank could not charge upon a charge.

What I mean by this they can not charge you again due to there charge macking you go over you overdraft limit

Twinkly

mitka wrote: »

Thank you so much for your reply, I really appreciate it.
Just one more question, do you know any template letter I could use for the reply? I'm not very good in writing this type of letters and I'm quite scared they might send a dept colletion people before I manage to get back to them.
Once again thank you.

Well..something along the lines of:

Dear Sir/Madam

Re: Account Number ( or reference number if solicitors)

With regard to the above and your letter of ( last letter from them date here) received (whenever it was or leave this out)

I write to advise that charges to the account are subject to dispute at this time. Given that the amount charged is in excess to the banks actual cost it constitutes penalty. Penalty charges are reclaimable under the Unfair Terms in Consumer Contract regulations which states:

SCHEDULE 3

Unfair Terms in Consumer Contracts

1. Terms which have the object or effect of:
( e ) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;

As such the account is, at present, under further detailed investigation of my account over the last six years. The final amount of unlawful charges applied is unknown at present whilst awaiting the banks response to my Subject Access Request under the Data Protection Act 1998. I must advise that this amount will certainly be subject to pending court action for recovery.

As a consequence no further penalty charges will be paid on this account pending the outcome of my full investigation.

Yours faithfully
Yourself

Or adapt this to suit your own style of writing. Good luck