Bank Charges Test Case Article discussion

Laura_S_2

Hi,

I have just started my fight to reclaim bank charges issued by Halifax after an altercation with a most unsavoury member of their staff yesterday regarding the dating on a letter notifying of charges applied to my account. My gripe was that they hadn't put a date on the letter to tell me when they would be stealing more of my money from my account, which meant that I got myself into even more of a state. Can I make a separate claim re not informing me of the date they would be withdrawing money? Is this even allowed?

I have a problem though: I have a £1500 student overdraft with them (interest free) and I won't be able to get the equivalent anywhere else as I don't have a regular job - I graduated in the summer, but the recession is making it impossible to get full time employment as nobody seems willing to hire a junior so I'm only managing to do the odd bit of temp work.

What should I do with regards to my claim? My Mum suggested that if they ask me to move my account, I suggest they clear my overdraft with the illegal charges and I'll happily leave, but should this happen, will this offer work? I really want to leave the Halifax but my ovedraft is the only thing stopping me, although I believe that the charges accrued are more than my overdraft limit and obviously I want to screw them as much as they've screwed me. I am also thinking about claiming with financial hardship, although I am not sure if I qualify for this.

Can anybody advise me as to what I should do? I am at the end of my tether with Halifax and just wan't to get rid of them ASAP, although I feel I am a bit vulnerable as I have my overdraft and no way of clearing that at the moment.

Any advice on how best to proceed (including court options, if they're a good idea etc) would be much appreciated - the information on this site can be a little overwhelming!!!

Many thanks and good luck to those of you who are claiming!!!

Laura

joleeds

I have had an offer under the financial hardship scheme today from Halifax. They offer £1349.00 but as a condition they insist the money is firstly paid to my Halifax overdraft limit, which will use the full amount of the offer.
I have called the number on the letter to discuss the condition. I explained that as I was in financial hardship, struggling to meet my monthly utilities and mortgage payment I would want the money refunding to me either to another bank account or by cheque. Then my intention would be to use the money to pay arrears on utilities and mortgage and to continue paying my Halifax overdraft at the agreed amount of just £27.50 per month.
I fully understand why they want their money back first but the whole idea of this claim for me was to help me out of the sticky stuff for a month or two whilst hunting like crazy for a second job.
What I want to know is can they tell me how my bank charge refund is to be used? And if they can't what do I do?
I have a form which needs to be returned in the next 5 days to say whether I accept the offer with the attached conditions.
Look forward to everybody advice!

ginnygee

I have diligently gone through the whole of this forum and have seen this question asked a couple of times, but haven't seen an answer.

My claim is on hold at the moment like most people's. As these matter are on hold through no fault of the consumers involved, is interest still accruing on the amounts claimed up to the date of the decision at the Court?

If not, why not? If the banks can still make their charges against their clients, why can't the interest on the claims continue to accrue?

I believe that the OFT are responsible for the banks still being able to charge their clients extortionate fees. I thought the 'F' in OFT was supposed to mean FAIR!

Any reply to this would really be appreciated, and I'm sure my boss would be grateful as well as I haven't done any work this morning yet!

Many thanks.

Ginnygee

crazynoor

Hi everyone - hope you all had a lovely warm christmas.

I would really like some advice - like most in the country, the last month has been financially very difficult for me. I am a full time student and my sister got married on christmas day, so it put a massive strain on the £'s. I have just had a look at my bank details online yesterday and found out that Halifax have charged me 8 times for going over an overdraft!! (one for paying a £3 parking fee!!)

So i called them and after speaking to them for about an hour, they agreed to waiver 6 of the right charges. But to be totally honest, i can't afford to pay even the 2. i dipped into my small savings account and put all the money in to get me back into the overdraft.

This morning i have checked my e-mail to find out they have charged me another 2 times! so thats 10 times in the last week!!!!!!!

I want to close me account with halifax - as this is totally ridiculous. I've been banking with them for 14 years and feel that this behaviour is totally unaceptable.

So my rant is over, my question is... if i pay off my overdraft so i am on 0, can i close my account? i know they will chase me for the fees (as they have not been taken out of my account yet), but can i not just write to them explaining that they can go jump?

Or should i let them take the money (from money i don't have) and chase them to get the money back?

Any advice would be greatly appreciated. Thanks xx

natweststaffmember

crazynoor wrote: »

Hi everyone - hope you all had a lovely warm christmas.

I would really like some advice - like most in the country, the last month has been financially very difficult for me. I am a full time student and my sister got married on christmas day, so it put a massive strain on the £'s. I have just had a look at my bank details online yesterday and found out that Halifax have charged me 8 times for going over an overdraft!! (one for paying a £3 parking fee!!)

So i called them and after speaking to them for about an hour, they agreed to waiver 6 of the right charges. But to be totally honest, i can't afford to pay even the 2. i dipped into my small savings account and put all the money in to get me back into the overdraft.

This morning i have checked my e-mail to find out they have charged me another 2 times! so thats 10 times in the last week!!!!!!!

I want to close me account with halifax - as this is totally ridiculous. I've been banking with them for 14 years and feel that this behaviour is totally unaceptable.

So my rant is over, my question is... if i pay off my overdraft so i am on 0, can i close my account? i know they will chase me for the fees (as they have not been taken out of my account yet), but can i not just write to them explaining that they can go jump?

Or should i let them take the money (from money i don't have) and chase them to get the money back?

Any advice would be greatly appreciated. Thanks xx

I think you have duplicated the post, thank god you did. In addition to the advice already given I would look at reclaiming the charges under the FSA waiver on Bank charges. It is on my signature and PAGE 11 is the one you need.

angemr

I sent one of the hardship template letters to my bank (Halifax) and had a reply saying they weren't doing anything til the result of the test case. I phoned and told them I wanted my case dealt with under the FSA hardship waiver rule and they said they'd send me a financial statement form, that was at the beginning of November, since then I've made 4 calls again asking for the financial statement form because they won't consider the case without it. I've now received another letter saying again that they've put the case on hold til the result of the test case and they're going to have the money management team contact me to advise me how to conduct my account. I've phoned again asking for the financial form (5th call now) and had the same conversation, that they'll get the financial statement sent to me.
Please, please help, I feel like I'm going round in circles, they won't consider hardship without the statement but have said the only way I can get the form is by them sending it to me. The longer they leave it the more hardship I'm getting into and I just feel like screaming!!!!

lxpeanut

Have you tried sending them a financial statement? surely they can't demand that you have to use their paperwork. Maybe someone on here can tell you what information they ask for then they can't say they don't have complete information. Try sending them the info in a letter then if they don't get on with things take it to the ombudsman as they are obviously trying to prevent you claiming hardship.

Orford

There's an I&E here:
http://www.legalbeagles.info/forums/showthread.php?t=5102

and guidelines here:
http://www.legalbeagles.info/forums/showthread.php?t=10449

DENMAN_3

poppy10 wrote: »

HBOS to change most bank accounts


Millions of customers with the Halifax and Bank of Scotland will see big changes to their current accounts in the New Year.

The standard set of overdraft fees, including interest charges, will be replaced by daily fees of £1, £2 or £5 when people are in the red.

The charges will start with the launch of a new account on 9 February 2009. But most existing accounts will be moved to the new charging structure later in the year.

The new accounts will abolish the current interest charges for people in the red.
Also disappearing will be the existing overdraft fee of £28 per month, and the maximum three charges a day of £35 each for bouncing cheques or other payments while in the red without permission.

Instead, customers with an arranged overdraft of up to £2,500 will pay £1 per day; those with a higher arranged overdraft will be charged £2 per day; and anyone with an unarranged overdraft will have to pay £5 per day.

This is what annoys me.If the banks are so confident that their charges are fair and that is why they are appealing,why are they now changing their charging rates?Seems to me that they know they are going to lose and are appealing the case to try and make people stop claiming because it is taking too long.

alfie35

My dilemma is with nationwide. I have sent 3 letters to them now about claiming my charges back from the last 5 years, and the last letter they sent said that they would refund 1 month of charges due to my claim for hardship which was £90 out of the original claim for over £1,500! My account was £400 overdrawn due to all their charges that they had put on as I do not have an overdraft, and now they have closed my account. Where does this leave me with my bank charges claim? Does this now mean that I cannot claim any more because they have shut it down? Any advice would be much appreciated.