Halifax charges -£39

virgin_moneysaver

OP - I understand that your original contact asked for help with a suitable letter & the thread turned into a slanging match by a few concerning the charges & where the blame should lie which you weren't happy about, as you didn't ask for opinions just help with the letter, but as this is a forum & most people are genuinely trying to help, I think what was trying to be pointed out on a few occassions was the fact that as the error was made by yourself in issuing a cheque without the funds already being in the account, some members were trying to save you the time & angst in pursuing the Halifax & just putting it down to experience knowing you won't make the same mistake again, especially as the originator of the BACS credit has agreed to pay your fees so you won't be out of pocket. In fact, if you are successful in pursuing the Halifax are you then going to refund the originators of the BACS credit the money they are giving you as you would have received the refund twice & then they would be the ones out of pocket.

catalonia13

"In fact, if you are successful in pursuing the Halifax are you then going to refund the originators of the BACS credit the money they are giving you as you would have received the refund twice & then they would be the ones out of pocket.[/QUOTE]

I will only be asking the Company for any actual costs, i.e. If the Halifax reduce the charge that is the amount I will claim, if they remove the charge completely then I will not be claiming anything.

I understand to many that this may seem strange and not the 'right way' but the company is a Charity (of whom I am a voluntary Board Member) and as such I only claim my actual costs incurred whilst performing my role. As I don't actually have £39 left at the end of any week and the money has already been taken from my account meaning I have been unable to pay a couple of standing orders this week (don't worry, I changed the date before they were due!) I may claim the costs from the Charity whilst this is being sorted, if, in the end, the Halifax remove or reduce the charge then I will reduce that amount accordingly from my next claim for expenses.

jimmyjim_uk

there is some info here on how not to pay halifax charges

Fedz

Another angle is that if you don't pay the charges you stand a high chance of a having a black mark against your name at credit reference agencies.

Sign-up for a bank account, mis-use it, get charges, refuse to pay the charges for your mis-use and you'll end up with a closed bank account and a default on your credit record.

greenwich

Yes, Linda agreed to the T&Cs of the account but that simply doesn't matter here: private individuals and companies cannot agree to override the law. The law is "The Unfair Terms in Consumer Contracts Regulations 1999". It says that a supplier cannot charge a disproportionate fee for a breach of the T&Cs.

My wife went into the red with our joint First Direct account a few months ago. I rang to complain and they tried to fob me off with a 'goodwill' refund of half the charges. When they found out I knew about my legal rights, they backed off and gave a full refund.

Linda: phone the bank or write to them. Be polite. Quote the law (the regulations actually say that "requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation" is unlawful). Ask for a full refund and don't settle for less. I don't see why you should have to grovel.

dchurch24

MarkyMarkD wrote:

I tell you what, I'll pop down to Tesco and offer them £100 for a new TV, because I don't want to pay them £150. It doesn't matter that the price is £150, and that they tell me the price is £150 before I decide to buy the TV. I'll just drop my £100 on the counter, and walk out with the TV because it's what I consider a fair amount to pay. I'm sure they'll think that's OK as well.

Or is that somehow different to signing a contract with a bank for a bank account which states they'll charge £39 for exceeding my authorised overdraft limit, and then, when I take advantage of the service offered and indeed do exceed that overdraft limit, saying "no, I think £39 is too much and I want my money back"?

D'oh!

Wow. There is a world of difference, and I am quite sad that the majority of people will probably not notice the glaring error in this post.

dchurch24

[rant]
These charges are illegal in many ways, and they ALL do it. Therefore, it matters not which bank you choose. It also doesn't matter that some people think that they are fair. They are not, and it is this that makes them illegal, as well as other things.
Some people also think that 'not breaking the t&c's' is the way to go. Well, I just hope that they never fall on hard times and incur very deaf ears when going to the bank to inform them that due to unforceen circumstances and their unfair, illegal charges that their house is going to be reposessed and that their children cannot have shoes that don't blister their feet.
Then stand there and become all high and mighty because the banks haven't yet got their claws into them. Because when they do, and they will - it's in the banks best interests ('model' customers are not what the banks want at all - no money in it) - there will be hopefully no-one offering any constructive advice to them either.
These same people also quote 'don't spend money that doesn't belong to you' - I never have, and yet I have still incurred these charges - the banks charge you for NOT paying DD's etc... how do some people not get this?????
The banks profit from this. They admit it. Well, some do. In public.
Anyone that cannot understand that terms in the T&C's can be illegal must need to return to school. UNFAIR TERMS IN CONTRACTS ARE ILLEGAL.
If I had a contract with someone that said "If you can't speak the alphabet backwards in 5 seconds then I (might) write you a letter telling you that you are stupid, then you owe me 20 quid" and then took it to court when they didn't pay, I wouldn't expect the court to side with me, and this, in essence is what the banks are doing. Yet some people think that people who incur these charges should say to themselves "ah, fair enough. The bank did about 20p worth of work, it's only fair that they should take $39 quid from my account."
Wow. Some people like being trodden on. I suppose that you also believe that the 85%+ tax on fuel is to cut emmissions and congestion too?
[/rant]
Sorry, rant over. Just needed to get that off my chest.

jb478914

I've always taken the view that the banks would then look to other ways to maintain their profits, maybe by charging higher dr interest or paying lower cr interest. The latter would seriously affect my income, and as such I would see such a change as being a situation where responsible customers were subsidising other customers.

I think this is a fault within society these days, where credit is seen as a right not a privilege and many people seem to regard their o/d limit as their zero balance, not as a safety net for when that unexpected DD dr's the a/c.

anyway thats my tuppence worth, but then I work for a bank so I would say that!

Fedz

@ dchurch24:

Some people just don't have a clue! A monetary charge to stop people doing what they are not supposed to be doing (as per agreed contract) is never popular for the very reason it's effective. When will people learn the money isn't your's to use. If it was you wouldn't be over your agreed overdraft limit and would use your savings or people have just plain bad management and need the overdraft facility withdrawing off them. People just take it for granted and expect to be able to use what-ever, when-ever without cost or implications.

I think banks should steeply hike-up the un-authorised interest rate and stop the unauthorised charge - still people are sure too complain.

@ jb478914:

Exactly. Banks will look at other ways and as you say people see it as right not a privilege.

cifpower

Banks should jack up the unauthorised O/D rate and cancel DDs and SOs which bounce more than twice and withdraw chequebooks if more than 2 bounce. If a Maestro or Delta card is abused more than twice it should be withdrawn and replaces with an Electron or Solo or cash card.