Kim v Halifax **WON**

[KGutteridgeUK]

Sent my initial letter asking for full charges over the last 6 year by email on 22nd, sending copy in the post. Had an email acknowleding the email was received. (This first letter was for DPA and bank statements over last 6 years - not the refund letter)

 

Hope not too late, joining in with this as Banks are starting to get loads of complaints

 

Will wait 14 days and see what happens.

 

Kim

[KGutteridgeUK]

This was my automative reply

 

Thank you for e-mailing our Online Helpdesk. We have received your

email and we will reply within 48 hours.

 

Thank you in advance.

 

Regards

Online Helpdesk

 

Nothing received yet

[KGutteridgeUK]

Received a reply on Friday 31st March, saying sorry you are unhappy, customer services will be in touch within 4 weeks, enclosing a letter on how to complain.

 

Will send a followup letter after 2 weeks from my original and wait to see what happens.

[Janet-M]

Thank you for keeping us up to date with your progress and yes you dictate the time limits to them.

[KGutteridgeUK]

14 days up tomorrow since my first contact asking for total list of charges, have drafted letter and emailed website again, will send hard copy in the post to the customer service person who wrote to me.

 

Have said that they have 26 days left in which to reply to my request.

 

Will wait another 14 days and see what happens.

 

Think my £10 cheque has been cashed, so something might be happening...

 

Kim

[baconbuttyman]

when you say you will wait another 2 weeks, do you mean u will delay sending the second letter

[KGutteridgeUK]

I sent a follow up letter after 14 days, which I emailed and posted, the same as before. Whilst I haven't had a reply from the written letter, I have had a response from the email.

 

Firstly they sent the letter and leaflet mentioned above, then they have sent another letter in response to my 2nd letter (emailed) offering me £157 as a carrot. They said the list of bank charges would be following ---- still waiting for the exact amount.

 

Not going to accept this £157 know I have mostly certainly paid more than this over the last 6 years. Read the article in the Sunday Telegraph today and will pursue.

 

There are still around 3 1/2 weeks until the 40 days are up.....

 

To clariy - my first letter was the DPA, the second a reminder and asking for manual charges,

[KGutteridgeUK]

After rereading the letter which arrived last week offering £157 charges (wonder how they come to this amount) but more importantly they say "I must stress that future valid charges will stand and we reserve the right to close your account if you do not manage it correctly. If you are prepared to accept my offer, please sign and enclose the acceptance form in the prepaid envelope"

 

Later in the letter they say they will send the "exhaustive list of charges" under a separate letter, not received yet. But they refuse to give any information about specific transactions - I'm not sure which these are.

 

I find this comment about closing my account - quite threatening

 

1. Should I open a new one else where?

 

2. Do you have standard letter to recline the £157 as I don't want to get it wrong?

 

 

Kim

[KGutteridgeUK]

Sorry to keep adding stuff but this has got me thinking

 

In my reminder letter dated 4th April to the Halifax (emailed and posted) I stated this paragraph

 

"Additionally where there has been any event in our account history over this period which has required manual intervention by any member of your staff or any other person, We require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you"

 

and in reply their letter dated 7th April from Kenneth Graham, Senior Customer Services Relations Manager (says in response to email)

 

this "I understand that you would like to receive information about specific transactions we are under no statutory obligations to record the information you require and thus are unable to comply with your request"

 

Am I right that I need this manual intervention information and can I demand it is made available?

 

Kim

[gomadnomad]

Yes open a new account just in case althogh there is talk of their threatening behavior being unlawful too. You can still progress without the manual intervention information. Its sounds to me like time to send them the good news. Get your moneyclaim forms filed and wait for the cash to come rolling in. The tone of thier letter is a very familiar one by now and basically means they are waiting for you to make the next move. They will not give you any more until you file an action. So you only have to answer yourself as to whether or not you want the money back.

[KGutteridgeUK]

Thank you for your advice

 

I am still waiting for the DPA list of bank charges over the 6 years, so will ignore their letter offering £157 and threatening comments for now.

 

Soon as I have the full amount will request a refund in full -

 

Certainly amounted over £120 this month alone and they are not helpful as we all know.........

 

Waiting for the big envelope of statements, charges etc....

[KGutteridgeUK]

Now, 28 days since first letter requesting list of charges - sent a 2nd reminder to encourage them to get their act together

 

If I don't receive them by my 40 days - who do I inform?

[ntl-guy]

Hi Kim, if you haven't received your details within the 40 day time limit you should inform the INFORMATION COMMISSIONER http://www.ico.gov.uk/eventual.aspx

 

There's more info on here somewhere, can't seem to find it at the moment, sorry.

 

ntl-guy

[KGutteridgeUK]

Thanks for that advice, have had a good look at the site,

 

I am getting really frustrated now, it is over 28 days since I requested by statements, they have offered a measeley £157, not sure how much I have paid out over the 6 years.

 

Must be around the £1,000 mark plus, I am sure they know the exact figure!!!

 

If I don't get them (statements) by my deadline, will have to plan the next stage

 

Hoping that all this pressure from the OFT, us, the press, media will overturn the charges in the future.

 

Waiting......................

[ntl-guy]

If it was me, I would give them a call, and remind them that they have a 40 day time limit (with xx days remaining) to provide you with the information you have requested, and failure to comply with this request will leave you no option but to make a complaint to the information commissioner. It would seem that being nice to them makes them think they can push you around, so maybe it's time to charge at them full on and remind them of their legal obligations under the DPA.

 

ntl-guy

[Tinkerbelle]

If you have not already done so, please open another account. They have already threatened you with account closure and I wouldn't put it past them to close your account if you incur another charge while waiting for your statements!

[chipsandsausages]

and in reply their letter dated 7th April from Kenneth Graham, Senior Customer Services Relations Manager (says in response to email)

 

this "I understand that you would like to receive information about specific transactions we are under no statutory obligations to record the information you require and thus are unable to comply with your request"

 

] Just to let you know, if they are not willing to send you the information regarding 'manual intervention' you can request to see it at their premises if it is easier for them. See Jonni2bad's thread.

 

Just to remind you too - keep to your own deadlines - not theirs. If you have given them 14 days to pay up and they don't, then send your 'letter before action'. If you are not happy with the response received by the time your deadline approaches, then file your claim.

 

I had the same letter (If you do not manage your account correctly we will close your account etc etc...) It's a standard letter that everyone is getting - don't take it personally. You should already have another bank account standing by in case this happens......

 

Best of luck!

[dax]

Has anyone posted advice or sample letter formats for all the stages needed to be reimbursed, as everyone seems to be so natural about wording and procedures. I havent got a clue and have had my eyes opened by this site as you realise we have all been abused by the system, again!

 

Do you have any knowle about overpayments and errors made as Halifax has said I owe them £7000 because they made a mistake in interest payments by paying someone elses interest into my account monthly for over a year. I had no idea as I had a substantial amount at the time in a premium savings acc with the interest transferred to my current acc, thinking it was correct.

 

Now I see the banks have been breaking the law and like a posse, this group is taking action I would also like to take.

 

Any advice for a novice?

[Tinkerbelle]

Why don't you try reading the FAQ's and familiarise yourself with the process?

 

You can find it here. It's what we all did!

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?f=5

Also best to start your own thread as you will get reprimanded by the mods!

[KGutteridgeUK]

I received a letter in response to my 2nd reminder for the DPA and statements today, saying I hope that your questions were answered by the letter I received a couple of weeks back and if not telephone.

 

Since my statements haven't arrived yet, I rang them, couldn't get through on the number given, so tried another number, got through to a really nice guy who says my statements were sent to him and he has posted them to me, should be with me by the weekend.

 

Fingers crossed...he said there were over 260 pages of transactions.......

[KGutteridgeUK]

The statements have arrived, via Royal Mail, in a plastic bag.... envelope completely ripped open in transit, everything seems intact - but the security issue is of concern.

 

They have added their own calculations of the charges, which seem misleading, some are added (not on the statements) and some for last month are missing. Going to go through and put everything in the excel document to my calculations.

 

Will send the letter asking for a refund tomorrow.

 

Can't believe they actually arrived - charges in the region of £700. - noticed some missing asked from April 2000 - statements started from Jan 2001....

 

I have been through the library and a bit confused - I am going to send a letter requesting a refund, do I add the interest now, or when i go to court?

[KGutteridgeUK]

I sent the letter requesting a refund 2 weeks ago, no response whatsoever to this.. therefore posting LBA tomorrow giving them another 14 days until I claim.

 

Want to get my £700 back soon....

[sean frampton]

Keep intouch with the bank, as in phone them to make sure they have received letters and then there is no come back.

 

As long as everything is logged in the system you can follow your deadline and sit back.

[KGutteridgeUK]

Letter received in response to my LBA offering £275 as a full and final settlement, they owe me £750 plus interest.

 

Plus the threatening to close my account if I do not manage it correctly - should I ask them what they mean exactly by this?

 

Do I take the £275 as a partial payment only and continue to claim through the small claims court when the 14 days are up for the remainder £475?

 

Is this a delaying tactic or to prove they tried to settle?

[Tinkerbelle]

Tell them you will accept their offer on the understanding that you will pursue them for the rest.

 

Expect them to withdraw the offer.

 

Whatever happens you stilck with your time frame.

 

They are also suggesting that if you incur any more charges they will close oyur account. I would suggest you open a parachute if you haven't already