Halifax-rassment

[NathanG]

Hi,

 

I'm guessing from the presence of a sticky about harrassment from Halifax that we are not the only people receiving phone calls several times a day, right up to 9pm, 7 days a week from 0870 850 3492.

 

We both opened a high interest current account with Halifax a while back. We did not get the £100 each that was promised as they claimed they no longer did that promotion. We also opened a joint account to pay our bills. This was done as a backup to cover us while claiming against the HSBC.

 

Anyhow, we found that the Halifax customer service and also their telephone service was appalling, with long waits and apathetic staff in the branch, and arrogance on the phone, especially when trying to get them to overturn the odd penalty charge.

 

We decided to stop using the bank accounts and go back to using the HSBC ones as at least they gave a superior service both in branch and on the telephone. The situation was left where the Halifax was left with the accounts just barely in credit and we stopped all activity.

 

They started applying charges to the accounts. One to my partner's high interest current account and one to the joint account. We decided not to pay this charge, so when the Halifax contacted us about them I explained to the person calling that we wanted the charges refunded as their collection of debit interest caused the account to go overdrawn, which in turn they charged us for. I stated that this was caused by them and they needed to refund the charge to rectify the situation.

 

They did not accept this, stating that we were to pay the charges. I said that I wanted them to prove that the charges were lawful. I also asked if they thought it was fair that the FSA had granted them a stay of execution (so to speak) regarding their customers taking them to court over penalty charges while this test case was going on, yet they were allowed to continue charging customers. They made no comment.

 

As it went on, I was receiving 3 - 5 calls a day on my mobile phone, the same on the house phone and also the same on my partner's mobile phone. Nobody was leaving messages if the phones went to voicemail, and if we answered it was usually someone who spoke poor english and was very difficult to understand.

 

I decided a different tactic was in order, so we stopped answering any questions, simply stating we were not prepared to give out any personal information or answer any security questions over the phone and that we had the Halifax contact details and that we would contact them instead as we were not satisfied that the person calling was legitimate.

 

They didn't like this either, and continued the harrassment. Both my partner and I work full time so we were forced to switch off our personal mobiles to keep from this massive irritation. Coming home in the evenings to find many missed calls with no messages on the house phone is just as irritating. They have even started phoning and hanging up on us when we answer, so now we simply do not answer when we see that number come up. We've saved it on the phone as 'Halifax-rassment'.

 

I made an official complaint to Halifax customer services about the continual harrassment and that I was not happy. I also told them that the charges are not lawful and that although I was not able to take them to court over them, if they wanted to take me to court to try and get the money paid, then I would gladly invite this as my defence over the charges would be the same as should I be taking them to court. Not once have they come back to me about the complaint.

 

I would like someone to please clarify something (after the long read)...

 

Although I cannot take Halifax to court over the charges at present due to the FSA giving them a get out of jail free card, if we keep this up and force them into taking court action against us, could we defend ourselves in court with the same technique of asking them to produce a breakdown of the costs they incurr as a result of administering the charge, and also of the unlawful nature of them profiting from the charge as opposed to just reclaiming the punitive damages from our accounts dipping into the overdrawn status.

 

Any help and advice would be much appreciated.

 

Thanks,

Nathan and Natalie

[noomill060]

You can take action against them for damages for anxiety and distress caused to you through Small Claims under the Harassment Act.

 

Google "Alison Turner"

[**Tilly**]

Hi nathan

sounds like you have a bad time,if you are still getting phonecalls send them

this letter in the link i given you.

Harassment by telephone - response letter this should stop the calls

 

you can still start the process of reclaiming your charges back by sending

of you sar for your statements this way your claim will be in the system

and you will be in the que with along with many others.

[NathanG]

Thankyou both for your advice.

 

I will be sending Halifax letters for both our joint account and my partner's high interest current account and hopefully they'll stop all the phone calls.

 

Now all I need to do is get them to stop sending the really overly threatening letters with really big red print saying 'pay this now' at the top and some nasty generic threats written below.

 

You wouldn't think banks would be so nasty from the adverts they put on the telly, but you never really know a bank till your relationship with them is at it's worst. Then you find out if they're the bank that likes to say yes, or the bank that likes to threaten and harrass.

[**Tilly**]

once you send of your SAR for your statements you will be able to send a letter of account in dispute

[noomill060]

Mother sues bank for harassment in landmark legal action | the Daily Mail

 

Debt Wizard - Alison Turner sues Halifax

[rosierose]

Harassment by telephone - response letter this should stop the calls

 

HBOS may have changed their tack since I last dealt with them, but in my experience, this letter will have little or no effect.

 

Report them to Trading Standards and the OFT. Log the calls. Record them if possible - this is important. I could have made things easier for myself I had done this, but have a look at this thread anyway: http://www.consumeractiongroup.co.uk/forum/general-debt/119530-what-would-you-do.html

 

Read the case law for harassment. You need to know and understand the law and how this company runs roughshod over our rights. Suffice-to-say, if you take the advice on offer here you will have little to fear from this organisation.

 

Good Luck

 

Rosie

[harrythehawk]

Firstly you have my sympathy and support, Halifax are very ignorant and you will need to be very hard with them. I too left three accounts with nominal amounts in and they tried to charge, having gone through the process previously of claiming back I wrote to tell them to get lost and unfortunately conceded I would have to close all the accounts, which I did to sever my link to them, I had another account anyway so no problem. Take in the closure letters to the branch in person and get a receipt, this was actually a good move as it was another reason not to pay by saying the account is closed and would settle any charges when my complaint was dealt with and if necessary I would take court action, this has now been set to Nil, was only £39 but I won this particular battle. The war goes on though over the Visa card which is still outstanding and after the last barrage of calls I fired off letters in all directions enclosing my previous written instructions for them not to call, these have been received and the usual complaint acknowledgement has come and to date I have had no calls and no letters. The other responses I have had have been mixed - Trading Standards will investigate, The Police can't help but I am happy the complaint has been lodged and acknowledged (good ammunition for the future if required), no response from Halifax CEO, OFT can't intervene on individual cases but have noted this on file and will use it when considering their fitness to hold a credit licence. So do write, just as a little reminder to them I knew what I was doing I also printed off the report about Alison Turner from the internet and stapled that to my letter !!

 

Just be firm and realise they hide behind the computer says no attitude, won't happen overnight but make sure you cover all the bases and get writing, you are not alone !!!

 

P.S Also, when I had similar problems with Lloyds I got my MP involved which was excellent, he wrote a fabulously snotty letter to them on my behalf and I haven't heard from them since !! Might be worth a try ?

[kopper]

Had the same relationship with haliprats myself ...the same calls the same attitudes until I told them that I was recording their calls while recording I read out a statement telling them I had sent two recorded mail letters stating my dispute notice and that therefore they where now in breach of the above legislations/ acts etc

 

just to back up my responce reported them to local trading standards who were very interested in the calls that went dead after they asked for my name. (THESE ARE BORDERING ON CRIMINAL ACTS)

 

If you can stand it biuld up a good record of the calls also note what type of call it was ie did someone actually enter into a coversation (for want of a better phrase) did the call end almost immmediatly etc .

if you can do without the account send them this letter to really ****'em off

 

Retail Bank Collections

PO BOX 607

Trinity Road

Halifax

HX1 2UJ

 

 

21st February 2008

 

 

 

Dear sir/madam.

 

Re account no xxxxxxx

 

Due to new information regarding bank charges, I am writing to inform you again that I am putting this

account in legal dispute until I can assess the value of the balance mentioned on your letter dated 05/02/2008

 

I will as soon as I have done this endeavour to settle the balance on the account to the best I can afford, and will

supply you with a budget and that you will be paid on a pro-rata basis with my other creditors. If it happens that

the amount is mainly/solely made of unlawful bank charges, I will use all amicable and legal means to recover

those amounts.

 

As this account is now in dispute you must freeze all action on this account. This means that:

You cannot add any interest to this account

You cannot add any charges to this account

You cannot issue a default notice on this account, nor pass the debt onto any third party.

Furthermore;

You may not pass any information regarding this account onto the credit reference agencies.

To do this would be in breach of Section 13.6 of the Banking Code.

Any attempts to secure payment from me until this matter is resolved will be treated as harassment under the

Administration of Justice Act 1970 an will be reported to the relevant authorities.

 

 

I also request again that all further communications are in writing.

 

Yours faithfully

 

 

 

 

 

 

 

Your name

[kopper]

p

 

"it's unlikely that theyll take court action if the amount is smaller than the cost it would be to take the action in the first place "

 

that was the line from the trading standards official

 

"but..... if they take you to court you can ask for a stay in the same way the banks have "

 

this again was from the trading standards guy