New threat from the Halifax

Moglex

Bank>You wrote: »

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.

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?

What is unhelful is posting a load of gobbldegook that has no bearing on the topic in question. No one is interested in, or impressed by, the fact that you know a few banking insider terms.

The bank acts as your servant in the matter of dealing with your money and if you tell the bank not to pay someone on your behalf, that is the end of the matter.

They are legally obliged to follow your instruction and if they don't they are entirely responsible for the consequencies.

The only proviso being that you must obviously give them a realistic amount of notice, but since OP says her husband instructed the bank to stop all dd payments during the course of the claim, it sounds as if that requirement has been met.

lyverbyrd_2

Thank you to everyone who has been helpful to my original post.

Bank>You, your response bears no relation to my original post, you have put your own spin on it and disregarded the facts, furthermore you were also incorrect.

You can post opinions, sure, it's a free country. However it's unnecessary to be sancitmonious, and you clearly didn't get the point I was making.

lyverbyrd_2

Moglex wrote: »

Is your husband overdrawn purely by the amount of the dd's or dd's and further penalty deductions? Or just penalties?

Hi there

The amount overdrawn is just penalties.

lyverbyrd_2

Bank>You wrote: »

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?

Actually, I stated that the DD's were cancelled, you suggested they weren't. I am neither stupid nor incompetent. You however, clearly know all as you know a few banking buzz words.

Good for you. I bow down to your infinitely greater wisdom.....I asked for advice, not to be called a liar.

lyverbyrd_2

Millionaire wrote: »

The important point is when did the OP notify the bank to cancel the DD's and when were they due?

Given the list we had (and signed against), some were due to be paid out, so we left the money to cover them, and others had only just been honoured by the Halifax as scheduled, so there should have been sufficient time to make the transfers to our new account.

Moglex

lyverbyrd wrote: »

Hi there

The amount overdrawn is just penalties.

I think that the problem here may be that if the penalties were in place on the account when the bank offered you a 'full and final' settlement, then you will have to pay them.

The term 'full and final settlement' has a strict legal meaning, being that once you have accepted such a settlement you cannot go back and revist any of the things that it is a settlement for - no matter how unjust they may have been.

It would probably depend on exact wordings. If the bank offered the settlement in regard of all penalties at the time the offer was made and the penalties you are complaing of were extant at that time, then if you accpted the offer, the penalties will have to be paid.

You may need legal advice, but I suspect that the bank have been a bit tricky here.

lyverbyrd_2

Moglex wrote: »

I think that the problem here may be that if the penalties were in place on the account when the bank offered you a 'full and final' settlement, then you will have to pay them.

The term 'full and final settlement' has a strict legal meaning, being that once you have accepted such a settlement you cannot go back and revist any of the things that it is a settlement for - no matter how unjust they may have been.

It would probably depend on exact wordings. If the bank offered the settlement in regard of all penalties at the time the offer was made and the penalties you are complaing of were extant at that time, then if you accpted the offer, the penalties will have to be paid.

You may need legal advice, but I suspect that the bank have been a bit tricky here.

The Halifax settled the final amount of charges out of court, and paid the direct debits out after the case had finished. There was no mention of full and final settlement until we pursued the matter of the direct debits.

Moglex

lyverbyrd wrote: »

The Halifax settled the final amount of charges out of court, and paid the direct debits out after the case had finished. There was no mention of full and final settlement until we pursued the matter of the direct debits.

So this was likely to be several weeks, at least, after you you instructed them to stop paying the dd's?

If they paid them after they made the settlement, what I said above about 'full and final settlement' is not relevant here.

lyverbyrd_2

Moglex wrote: »

So this was likely to be several weeks, at least, after you you instructed them to stop paying the dd's?

If they paid them after they made the settlement, what I said above about 'full and final settlement' is not relevant here.

Yes, it was some time after they were given instruction to stop paying.

Millionaire

lyverbyrd wrote: »

Yes, it was some time after they were given instruction to stop paying.

In that case Lyverbyrd i dont think they have a leg to stand on.