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New threat from the Halifax
lyverbyrd_2
Posts: 48 Forumite
Last year my husband successfully reclaimed his charges from the Halifax. He withdrew the money, attempted to close the account, to be told that he couldn't because direct debits had been paid out. My husband had told them that these transactions were all to be cancelled while the claim was in progress.
He is now £240 overdrawn due to these transactions still being honoured...and his overdraft facility had been withdrawn anyway, so that's 2 reasons why they should not have been paid out.
He has put his case forward to the Halifax, and written to them, but they have written back saying that the last case was a full and final settlement, and now they have passed the case over to a firm of solicitors. They have called today, husband has said he has no intention of paying this money, this is entirely the fault of the Halifax....solicitors have said this will incur futher charges from their end.
So, it looks like another case is on the way. Could someone please advise of the best way forward? Don't want to be screwed by them again!
He is now £240 overdrawn due to these transactions still being honoured...and his overdraft facility had been withdrawn anyway, so that's 2 reasons why they should not have been paid out.
He has put his case forward to the Halifax, and written to them, but they have written back saying that the last case was a full and final settlement, and now they have passed the case over to a firm of solicitors. They have called today, husband has said he has no intention of paying this money, this is entirely the fault of the Halifax....solicitors have said this will incur futher charges from their end.
So, it looks like another case is on the way. Could someone please advise of the best way forward? Don't want to be screwed by them again!
I'm not small. I'm just far away.
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Comments
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Did he contact the DD companies to cancel the payments too? He should have done.
That bank are within their rights to charge you again. It is your own responsiblity to manage your account.
A full and final settlement means just that. You have accepted that.0 -
Yes he did.
This is effectively a new claim, not a continuation of the last claim.
The direct debits were cancelled from the Halifax and moved to a different institution with new dates etc, but the Halifax still paid them out, despite my husband having signed against a list of transactions to be stopped.I'm not small. I'm just far away.0 -
That bank are within their rights to charge you again. It is your own responsiblity to manage your account.
A full and final settlement means just that. You have accepted that.
BTW, your response is a tad presumptious, don't you think? I thought this forum was intended for help, not judgement.I'm not small. I'm just far away.0 -
Yes he did.
The direct debits were cancelled from the Halifax and moved to a different institution with new dates etc, but the Halifax still paid them out, despite my husband having signed against a list of transactions to be stopped.
If you had informed the companies that the DDs were meant to be paid by another means then why did they still request the money from the Halifax?
Banks don't pay direct debits out. They get asked by the company and then they pay. No request=no payment. So in this case the DD companies are at fault for requesting from the wrong account OR you are at fault for not instructing the companies of the change in collection details in the first place.
It is a forum. Am I not intitled to give my opinion too?0 -
It depends really when the payments were due and when the dd were due to be cancelled.
If the companies had been notified of the new account then they should not have requested payment from your old halifax account. However sometimes even they cannot change details within a given cycle due to how the dd system works and how close the the payment being taken it is.
How were Halifax instructed to cancel the dd's? and what was the timescale from cancellation request to payments being made?
Post Rectified0 -
Not only is this post arrogant and unhelpful it's also absolutely wrong!Did he contact the DD companies to cancel the payments too? He should have done.
That bank are within their rights to charge you again. It is your own responsiblity to manage your account.
A full and final settlement means just that. You have accepted that.
You give your bank an INSTRUCTION to cancel direct debits.
They are not entitled to pay out your money in contradiction to your specific instructions.
As to OP's question it really does not give sufficient information.
Is your husband overdrawn purely by the amount of the dd's or dd's and further penalty deductions? Or just penalties?
How much notice did the bank have to cancel the dd's?
If the dd's went to other companies, presumably the other companies were actually entitled to the money?Millionaire wrote: »Also the DD gurantee means halifax have to pay it if the companies request payment from them so whther an overdraft existed or not doesnt coem into it.
This is also incorrect.
As I'm sure most people here will be well aware, banks frequently refuse to make dd payments because there is not enough money in the accounts in question.0 -
They say they instructed the bank, then fair enough. Who's to say the bank cancelled the DD's but the companies amended the cancelled instruction via AUDDIS and tried again for payment. That's aperfectly resonable explaination. The fact is if they haven't amended payment details with the company concerned then they are at fault. Cancelling a dd does not cancel an agreement to pay a contract. Yet all the blame seems to go to the bank. Rubbish, IMHO.Not only is this post arrogant and unhelpful it's also absolutely wrong!
You give your bank an INSTRUCTION to cancel direct debits.
They are not entitled to pay out your money in contradiction to your specific instructions.
As to OP's question it really does not give sufficient information.
Is your husband overdrawn purely by the amount of the dd's or dd's and further penalty deductions? Or just penalties?
How much notice did the bank have to cancel the dd's?
If the dd's went to other companies, presumably the other companies were actually entitled to the money?
question.
You say it's unhelpful- she mention a problem and I gave an explaination about what might have happened.
Just because I disagree, that is unhelpful?0 -
Going by your comments/replies and the meaning behind your 'name' - do you by any chance work for a bank in any way?0
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As I'm sure most people here will be well aware, banks frequently refuse to make dd payments because there is not enough money in the accounts in question.
Yes, payment can be rejected if its a reoccuring thing and depending on some banks and account type the first time but most banks will intially allow the payment to take place via the dd which in turn takes the account overdrawn. I will rectify that its not part of the dd garuntee. I was mistaking it for something else.:p
However it Happens all the time where accounts are taken overdrwn due to dd payments with no/not enough money in the account., I used to work in banking albiet a few years back now
The important point is when did the OP notify the bank to cancel the DD's and when were they due?0 -
The fact is if they haven't amended payment details with the company concerned then they are at fault. Cancelling a dd does not cancel an agreement to pay a contract. Yet all the blame seems to go to the bank. Rubbish, IMHO.
Actually the bank needs to cancel the dd on intial request.
Its part of the direct debit garuntee and once cancelled the bank cannot pay any money requests.
They only need to notify the company in case of setting up new payement details if required but not intial cancellation of dd as once the bank cancels it the company normal gets notified.
Normally you have to do it in writing or yourself via online banking if available or phone up and request customers services to cancel it.0
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