Help Needed

suntaned

Hi Guys,

I have tried to find some relevant info in regrards to my query but can't seem to find anything that would answer it accurately so I'm asking for some help and advice / opinions...simmilar experiences really.....

Basically I am reclaiming my bank charges from Halifax.
Got my bank statements
Sent first letter received response within 14 days ( standard response - sorry to hear you are unhappy we have 40 days ......)
Sent second letter staright away according to my timetable which is 14 days response period- LBA ( did not wait 40 days) and got no response for 14 days.
Raised claim on Moneyclaim on 17th day.
On 19th day I got a letter offering partial settlement as gesture of good will which i didn't want to accept - I had 14 days to respond or they will put the amount in my bank account.
as i was away I only got a chance to repond to them yestreday ( still within 14 days period bank gave me) so I wrote back giving them one last chance to pay up the full ammount or I'm continuing my claim I also included without prejudice part.
This morning I looked into my bank account, and there it was, the money was put in by Halifax even tho I did not want to settle fot this ammount.

What now?

What is my next step?
Obviously they didn't receive my response yet since it was only sent yesterday.

Does this mean that I can no longer continue with moneyclaim to pursue the full ammount?

Do I need to cancel my current claim or do i need to ammend anything or just let it be the way it is ?

Btw they did acknowledge it few days ago and have 28 days to respond so why did they put that money in my account I just can't understand -they are trying to give me the run around I guess. :rolleyes:

Any guidace , answers or portr from epople with simmilar experiences on this one would be much appreciated.

Thanking you in advance.

Have a lovely day

xx

Widowmaker_2

I am in a similar position.
I have taken the step of using Moneyclaim, and am half way through the 14days.
I recieved a letter from the Bank this morning offering me way less than half the amount...again, as a 'Goodwill Gesture' which they plan to pay into my account.

I am not going to accept this, so what now please help??

justlaugh2

Im sure ive seen a template letter for this situation somewhere, although it may be over in the CAG website. The gist of this letter is
you'll accept the goodwill gesture ( enter amount)as part payment 'without prejudice' and intend to to pursue the rest through the courts.

I will try and find the full letter though.

Hope this helps

cuddly1

suntaned wrote: »

Hi Guys,

I have tried to find some relevant info in regrards to my query but can't seem to find anything that would answer it accurately so I'm asking for some help and advice / opinions...simmilar experiences really.....

Basically I am reclaiming my bank charges from Halifax.
Got my bank statements
Sent first letter received response within 14 days ( standard response - sorry to hear you are unhappy we have 40 days ......)
Sent second letter staright away according to my timetable which is 14 days response period- LBA ( did not wait 40 days) and got no response for 14 days.
Raised claim on Moneyclaim on 17th day.
On 19th day I got a letter offering partial settlement as gesture of good will which i didn't want to accept - I had 14 days to respond or they will put the amount in my bank account.
as i was away I only got a chance to repond to them yestreday ( still within 14 days period bank gave me) so I wrote back giving them one last chance to pay up the full ammount or I'm continuing my claim I also included without prejudice part.
This morning I looked into my bank account, and there it was, the money was put in by Halifax even tho I did not want to settle fot this ammount.

What now?

What is my next step?
Obviously they didn't receive my response yet since it was only sent yesterday.

Does this mean that I can no longer continue with moneyclaim to pursue the full ammount?

Do I need to cancel my current claim or do i need to ammend anything or just let it be the way it is ?

Btw they did acknowledge it few days ago and have 28 days to respond so why did they put that money in my account I just can't understand -they are trying to give me the run around I guess. :rolleyes:

Any guidace , answers or portr from epople with simmilar experiences on this one would be much appreciated.

Thanking you in advance.

Have a lovely day

xx

:mad: :mad: What are they like:eek: looks like they didnt wait till the 14 days were up hen, and would think you would have some standing becuase of this, but can I ask how many days were left before you wrote to them ?? Personallyl I think it might have been better to have phoned as you know wht the banks are like for trying to delay by "saying" they havent recieved mail !! Try to get hold of Edinbrugh lass........she is an :A for help and advice honey, good luck xx

suntaned

I have called them and they said they woud refund my ful ammount but no interest or court fee - however I still wasn't happy with it and said I do not want to settle for this. I gave them one more chance to pay up and i would cancel the money claim as soon as money was paid. they were not prepred to do this instead they paid into my account the original good will offer which wasn't even a half of the ammount I'm reclaiming.

PS: i responded back to them on 12th day out of 14 days they gave me basically saying that I do not agree with the ammount offered however if they are prepared to pay the costs I incured so far and the interest ( with without prejudice part included) I would remove the claim.

I realy don't know what to do. I feel like going to the branch and asking them to take the money they put in back as I do not want it !!!

Martin or anyone else help please - I'm getting worried !!! :eek: :eek:

Widowmaker_2

justlaugh2 wrote: »

Im sure ive seen a template letter for this situation somewhere, although it may be over in the CAG website. The gist of this letter is
you'll accept the goodwill gesture ( enter amount)as part payment 'without prejudice' and intend to to pursue the rest through the courts.

I will try and find the full letter though.

Hope this helps

Hi Justlaugh2

The Bank says they will pay the £1008 as opposed to £2750 which they owe me, into my Bank Account within 10 days. (which works out as 1 day before the court hearing!)

I am thinking of writing to them, and saying I will hold out for the full amount through the courts?

justlaugh2

You just need to carry on with your claim, after telling them you accept the goodwill gesture as part payment.Then pursue the outanding amount through the courts. I dont think it matters whether they have already paid this into your account as you didnt agree to it.

justlaugh2

From what i have seen in other threads/posts Halifax are pretty good at paying out.
I wouldnt be surprised if they pay in another amount ( bringing it up to the total amount) before it gets much further.
They didnt even offer you half! thats not an offer, its an insult!

My friend received an offer of half the amount she was claiming ( after 2 letters), she called them and said no thanks, she then received a new offer by post offering her the full amount+ interest about £900. But i think most people have to go to the court stage if their claim is over £1000, As far as i know the banks dont show up and they win by default , thats if they dont settle before then.

Try not to worry to much

Bewitched2761

If your at the court stage and thery offer you a partial payment you can accept this but let the court and the bank know that it is only a partial settlement and you will be continuing the claim for the full amount, + interest, +court fees, as you are now entitled to claim these having got to the court stage
good luck

bev79

suntaned wrote: »

I have called them and they said they woud refund my ful ammount but no interest or court fee - however I still wasn't happy with it and said I do not want to settle for this. I gave them one more chance to pay up and i would cancel the money claim as soon as money was paid. they were not prepred to do this instead they paid into my account the original good will offer which wasn't even a half of the ammount I'm reclaiming.

PS: i responded back to them on 12th day out of 14 days they gave me basically saying that I do not agree with the ammount offered however if they are prepared to pay the costs I incured so far and the interest ( with without prejudice part included) I would remove the claim.

I realy don't know what to do. I feel like going to the branch and asking them to take the money they put in back as I do not want it !!!

Martin or anyone else help please - I'm getting worried !!! :eek: :eek:

Hi
If they offer you the full amount I think you have to take it, you only get the interest if it is awarded at court and if they have refunded the amount you orginally asked for, I would phone them and ask them to add a refund of your court fees and be thankful its a job well done!

suntaned

bev79 wrote: »

Hi
If they offer you the full amount I think you have to take it, you only get the interest if it is awarded at court and if they have refunded the amount you orginally asked for, I would phone them and ask them to add a refund of your court fees and be thankful its a job well done!

Hi

i don't think this is necessarly true. I have tried to settle over the phone for full amount plus court fee ( was ready to drop the interest) as by that stage I have already raised a claim. They only offered the ammunt but not the court fee.

They have also advised that as the claim has already been raised they can no longer deal with me and it has all gone to their legal department.

this to me looks like they know they are in the wrong and will have to pay me full costs ( including interest and court fees) as by offering the ammount claimed ( - court & interest ) goes to show that they know then are in the wrong otherwise why offer full ammount?

Heck I will not run around and fret any more. the letter has gone to say that thir offer was unsatisfactory and claim continues.

Why settle for less whne I really don't have to

I will not touch that money.

but thanks anyways.