Hi all, I opend a Clydesdale card cash account, but i didn't need it, as it is now i've closed the Halifax account anyway as i think their charges are the worst of all the banks, so now i'm with the Clydesdale. Having said that i've taken the Halifax to court twice and clamed back my morgage closing fee back, and when i went to re-morgage the Halifax were £70 a month cheaper than anyone else so i went for it and passed with an A+ credit score Good luck with your action and TC TOM

Oh I live in Scotland so the statute of limitations doesn't apply

I was contacted by BCW (Buchanan Clark and Wells) on the 17/11/06 stating that i owed Aktiv Kaptial £3,940. as soon as I recived this letter I called BCW and told them I did not owe Aktiv Kapital Assett Investment Ltd any money. I did have an account with Aktiv Kapital Assett Investment Ltd for a Comet store card but payed this off in full in Dec 2003. They said they would contact Aktiv Kapital and get back to me. I also contacted Aktiv Kapital and they sent me conformation of this which I faxed to bcw. I rang back bcw a few days later to be told that the debt was not for the comet store card but for a barclays loan (I have no recollection of ever having a Barclay loan) that had no activity on this account since Aug 99. Following this I rang back Aktiv Kapital and spoke to Ms N Davies who checked for any outstanding accounts in my name held with Aktiv Kapital, after checking through their computer records she informed me that I have NO accountsand NO outstanding balancesapart from the comet account which is closed I asked to be sent a letter confirming this. I called bcw back to inform them of this they again told me they would contact Aktiv Kapital and get back to me. In the next few days I called bcw 10-15 times, 8 times in one night to try to talk to a Mr Scott Elliot who I explaned the whole situation to, he never returned my calls. On the 24/11/06 I recived another letter from bcw after reading paragraph 2 : “Since you have failed to notify us of any legitimate reason for non-payment we can only assume that you do not wish to settle this matter amicably” I became angry and upset by their inability to sort this matter out. Then on the 27/11/06 I recived a conformation letter from Aktiv Kapital (saying that I have no accountsand no outstanding balances). I have faxed this letter to bcw 4 times since I recived it the first time was on the 27/11/06 and the last time was on the 25/1/07. After their letter dated the 24/11/06 I have asked bcw to stop telephoning my home and to put in writing any issues they would like to speak to me about. This request they have ignored on many occations, the last time being 25/1/07. As I work duing the day they inverably speak to my wife upseting her greatly and causing fricton between us both and on one occation they have even discussed this matter with her in detail, which I understand they are not supposed to do. On the 23/01/07 I recived another letter stating that a debt investigation officer will be calling at my home address for a ‘personal visitation’ whatever that means. It was after reading this final letter I have totally lost any faith in bcw’s abillity to sort this matter out. My wife is frantic and we are both completely stressed out about this matter after all the haressment we have sufferd. I called citizens advice and were put on to trading standards (who said they could do nothing) and finaly to Dundee Debt Crisis who advised me to write to the Financial ombudsman service and complain.. My wife downloaded The Debt Collection Guidance under the consumer credit act 1974 and having gone through this I feel they have contravened this on no less than 8 points. I sincerely hoped they would help with this matter and get this terible company to stop harassing me. I recived a reply from the the Financial ombudsman service they say that they can do nothing becauce BCW is not covered…….. Well thanks a lot BCW can do anything they want I’ve got noone to complain to. Any ideas?

Thx for the quick reply and with just the aswer i was hoping for I will send it recored devivery tomorrow and maybe a copy faxed too this company really suck Tom

Hi, thx for the advice BCW won't leave me alone formal demand on the 23rd Nov 3 phone calls since and a final notice today(30th), despite me calling them over ten times faxed what info i have twice and 3 E-mails to them to try and sort this out. The final notice stated "Since you have failed to notify us of any legitimate reason for non-payment we can only assume that you do not wish to settle this matter amicably" I even phoned Aktiv Kapital and they said i did not owe them anything, untill someone from BCW rang them today then all of a sudden Aktiv agree with BCW.......Grrrrrrrrr It's deffinatly over 6 years since they say there has been any activity on this account they quote 1999 So the Question, Do i send a Limitation Act 1980 Section 5 or do i need to send a SAR asking for a true copy etc. Any advice would be apprecated Thx Tom

Hi, Yesterday i got a letter from Buchanan Clark stating that i had an unpaid debt in the sum of £3,940.66. The debt has been transfed from Aktiv Kapital and there saying that i've not paid anything on this since 1999. This i have paid in full back in 99-2000 but i have no paperwork to suppport this . Anyone got any ideas what i should do? Help Please Tom

Yep return date was 09/10 hearing date was 16/10 :lol: Tom

2nd cout action started 27/09 Here we go again Tom

Hi just to clarify: In Box 4 on the form1 i put.. 'The pursuer claims from the Defender the sum of £XXX with interest on that sum at the rate of 8% annually from the date that each penalty was applied to my account, Account no XXXXXXXXX (Roll number XXXXXX). Together with the costs of bringing this action.' I've seen that people have had a problem claiming the 8% in Scotland i was speaking to the sheriff this morning (as i filed my second claim) and he said that i could claim ether the 8% anually which i went for, or the 8% from the date of summons but NOT both. If you use the text i have above and the changes to para 2 and 6 above you should be ok, Well it's worked for me hope this helps Tom OH and 2nd Claim filed today

Hi All, I've been on holiday in Turkey I checked my bank account while i was away and............. £949.88 credit from Halifax :lol: I WON !!!! Part 1 down part 2 on it's way to court in the next few days.. Thx for all the help and advice i'll do the survey and a donation is on it's way Tom

Hi All, I've been on holiday in Turkey I checked my bank account while i was away and............. £949.88 credit from Halifax :lol: I WON !!!! Part 1 down part 2 on it's way to court in the next few days.. Thx for all the help and advice i'll do the survey and a donation is on it's way Tom

As far as i know Halifax haven't closed anyone's account yet but like it says in the guide hopefully you will have your 'parachute' account ready just in case. not sure how long to get payed but from what i've read the bank seems to quote normaily up to 5 days. Just keep checking your account they seem to have a habbit of paying up and not telling you. Legaly i think it's somthing like 14 days but the court should be able to tell you give them a ring if you don't have the cash on Monday, Or you could try this lady.. Ms. Rachel Hinchliffe HBOS PLC Legal Services - Retail Division Trinity Road Halifax West Yorkshire HX1 2RG 01422 391096 Fax: 01422 333453 Email: rachelhinchliffe@HBOSplc.com From what I've read she seems to be able to get things done Oh and WELL DONE !!!!!! Tom

Hi You can just sent it to there (recorded delivery) or customer relations that’s what i did Good Luck Customer Relations HBOS plc Trinity Road Halifax HX1 2RG Tom

Yep just keep going and stick to your time table they offered me £482 21 days after my LBA and I'd already been to court to file my claim. so they got a flat refusal from me Tom

Hi, The Preliminary approach for repayment is the asking for it nicely the Letter before action (LBA) is the pay up/please take me seriously or I'll see you in court. So you got things the right way round ;-) If they do make an offer you could change the line to read : ''I am very disappointed that you have failed to resolve this matter to my satisfaction after my letter dated [XXDATEXX].' Hope this helps Tom

I thought you could start an action at your local sheriffs court even if your bank has an english address. Mine is against Halifax using their registerd offices in Halifax and i had no problems. Check goven law center Unfair UK Bank Charges | legal help from Govan Law Centre, Glasgow, UK I think you have been given the wrong info Tom

Welcome and keep us up to date on whats going on, HBOS seem to be abit behind on responding to people, I got my offer of goodwill settlement (based on my LBA) about a week after I started court action. Just keep to the letter time tabels and you will get all your cash back ;-) Tom

Yep thats what I'd do, you can ask for 6 years back no prob but if you go to court in Scotland just claim back 5 years. Tom

I'm not sure but i thought if you use a small claims action the court will serve the papers for you at no extra charge. However if you use a summary case you need to get a court officer to serve the papers for you. You need to set up the serving of papers/summons yourself far as i know it will cost you and extra £30 but you can claim this back as part of your action. Your local sheriffs court should be able to advise you of who you need to get in touch with. There is a thread where this is mentioned can't rember where it is tho, try a site search or check out the goven law centers site all in info is there. Here's the link: Unfair UK Bank Charges | legal help from Govan Law Centre, Glasgow, UK Hope this helps Tom

Thx will do Tom

Got it here you go :) http://www.consumeractiongroup.co.uk/forum/halifax-bank/2491-investors-report-thanks-ispartacus75.html Tom

Is it worth rining the Halifax to try to speed up my Claim?? or do i just have to wait??? Tom

Hi I rember a post with all this being duscussed Bookworm (the site mod) i'll try and find it for you or you could pm bookworm and i'm sure he can help.. Tom

Basicaly yep i just used the Pro forma statement of claim from the goven law center you'll find it here; Step 2 - small claim action in Scotland | legal help from Govan Law Centre, Glasgow, UK I changed para 2 to read: 2. The pursuer has a current account with the defenders Account No 00xxxxxx (Roll No D/xxxxxxx-x) and between xx/xx/xxxx and xx/xx/xxxx and has had penalty charges applied to his account totaling £710.00 (hereinafter referred to as ‘charges’) and para 6 to read: 6. The Claimant claims from the Defendant a sum equivalent to the amount unlawfully debited from the Claimants account from xx/xx/xxxx to xx/xx/xxxx (£710.00) along with 8% interest (£200.80 ) for being deprived of the use of these monies and also along with the costs of bringing this claim'. Hope this helps you, if you need any more just let me know. Good luck Tom

LOL good luck Tom