Feelingdownandout Vs Halifax

[bazaar]

any reasonable person would think 10 working days is plenty of time to respond

[Feelingdownandout]

in that cast they have until 8th oct to respond as they class sat as working days!

[Feelingdownandout]

latest update - had a letter today and Halifax are refusing to refund the compund interest on the acct, they have also said that they are unable to tell me how the interest (£2.30) has been calculated on the acct, the offer made at £320.00 is f/f and have basically told me to bog off and go speak to the FOS, because as far as they are concerned they have acted in accordance with the guidelines set out by the FOS.

 

Any suggestions anyone!!!

 

fdao x

[bazaar]

you'll now need to consider going after them in court, if you wait for them to initiate court procedings then, you have a valid counterclaim.

[Feelingdownandout]

under what circumstances would they instigate court proceedings against me?

 

this is just a nightmare:???:

[The Mould]

Hello FDAO

 

Long time since we last spoke.

 

Yes, they really are making life hell for you, well, I think I will need to read through your story from the begining in order to remind myself what has happened, I will try and do that over the next couple of days.

 

In the meantime, try not to let them get the better of you, very easy to say, I know, but do try and not worry about these bas**** robots.

 

Kind Regards

 

The Mould

[bazaar]

try not to get too steamed up here if you can.

They aint gonna play ball with you on the amounts you are demanding, did they say they would payback ALL the PPI they took?

If not, then that is a clear dispute and you are perfectly entitled to with hold any payments until they sort this out.

It may well be that they then threaten court, which IMHO would not be a bad thing, because, youre not disputing the accounts, but youd counterclaim the full amount, they are being unreasonable about the amount.

So as i see it, you have 2 choices, either put the account in dispute and stop paying them.

Or write a letter before action to claim back all the money they owe you.

[Feelingdownandout]

Hi there the mould - yes long time indeed! look forward to your thoughts.

 

Bazaar - they are repaying all the PPI but witholding over £300 in interest, they have offered £2.30 instead.

 

just a nightmare

[Feelingdownandout]

any suggestions about movng forward would be appreciated, I have contnued to maintain the repayment programme, worry about the whole court thing, how likely are they to tke me to court?

[The Mould]

Well FDAO

 

They will not start proceedings against you because you are maintaining payments under the arrangement.

 

I have not re-read from the begining as yet, why are they not willing to repay that £300?

 

Please remind me, is this Halifax or Bank of Scotland?

 

Kind Regards

 

The Mould

[dx100uk]

If not, then that is a clear dispute and you are perfectly entitled to with hold any payments until they sort this out.

 

 

i'd be careful on that.

i think the OFT/FOS are down on record as stating they do not consider it the same as a un-en/no CCA dispute where you can with hold payment.

 

dx

[The Mould]

FDAO

 

Sorry if you think I am a pain for asking you this, but could you just brief me on the events, you know, bring me up to date, in a nut shell, because it will take me a while to read through all of your thread and I need to reply to a few other caggers also.

 

Thanks in advance.

 

Kind Regards

 

The Mould

[The Mould]

dx what does it feel like to be orange?

 

Kind Regards

 

The Mould

[The Mould]

FDAO

 

Can you do that nut shell thing for me at all?

 

Kind Regards

 

The Mould

[Feelingdownandout]

Hi The Mould

 

In a nutshell I took the brill advice from DX and complained about PPI Halifax wrote back and confirmed that I am entitled to it back, during all of this i have maintained the payment plan, although Blair Oliver are trying to squeeze me for more and more (double the payments in fact) I did my calcs and worked out what was owed and wrote off to them to tell them what I consider to be owed. They wrote back and agreed with the PPi but not the interest which is £300, they have instead stated that they are only willing to pay £2.30! if not happy with that then I am to refer the matter to FOS! I am still waiting for rest of info from SAR, I have written back giving them the rest of the time approx 19 days and they are still late so I need to contact them to tell them that they have not complied.

 

Not sure where else to go from there really, if I want my charges back then I have to start court proceedings against them, just want an end to this now.

 

Still its euro lottery tomorrow E120m, gotta be in it to win it!

 

fdao x

 

dx, I take on board fully your comment.....do you think its worth a letter to FOS as a meadly £230 does not begin to cover the compound interest that I am owed here?

[AndyOrch]

try not to get too steamed up here if you can.

They aint gonna play ball with you on the amounts you are demanding, did they say they would payback ALL the PPI they took?

If not, then that is a clear dispute and you are perfectly entitled to with hold any payments until they sort this out.

It may well be that they then threaten court, which IMHO would not be a bad thing, because, you're not disputing the accounts, but youd counterclaim the full amount, they are being unreasonable about the amount.

So as i see it, you have 2 choices, either put the account in dispute and stop paying them.

Or write a letter before action to claim back all the money they owe you.

 

I must fully endorse Bazaars approach above.No way will they want to go to Court over a PPI matter.You have admittance and an offer.You have admittance on the interest if they are offering £2.30 or is it £230.00? either way its an admittance.They are calling your bluff now.

I personally would accept the PPI content but not as full and final and then instigate a claim on the interest.You have all the ammunition you need.

 

Regards

 

Andy

[Feelingdownandout]

Hi Andy, it is £2.30 they have offered me and not £300 which is what they owe.

 

They have told me that the amount will be paid by the redress team and have said that they are unable to tell me how the interest refund has been calculated! Just a joke really.

 

What would you recommend I do, as they are directing me to the FOS, looks like they dont want to enter into any correspondence with me now, and I bet I will have Blair oliver and Scott chasing me to increase my payments again before I know it and probably threatening me with court action if I refuse.

 

fdao xx

[AndyOrch]

I have stated above FDAO secure what they have offered first and foremost but dont admit as FFS then issue a LBA and make it official.They will back down.

 

 

 

Regards

 

Andy

[Feelingdownandout]

ok - I will wait until the money hits the acct then contact the FOS, hopefully as you say they will backdown, at least thats one hurdle, then I have to send a failure to comply letter over missing SAR info!

 

great!

 

fdao xx

[The Mould]

Hello again FDAO

 

Yes, you could accept their offer, but make it unequivocally clear, that you do not accept in Full and Final Settlement of your claim and unless they pay the full amount that [is] legally owed, you will pursue them for the full amount in the County Court.

 

Reject their offer BEFORE YOU BANK THE PAYMENT.

 

Read up on Practice Direction - Pre-Action Conduct and follow the stated procedures if you have to issue a Letter Before Claim in order to achieve the required result/closure.

 

As far as increasing your payments, do not, and communicate that to B, O & S Ltd, state to them that if they were to commence with proceedings against you, it will be considered as vexatious and an abuse of process by the Courts, as you are maintaining the agreed payment arrangements.

 

Kind Regards

 

The Mould

[The Mould]

By the way FDAO

 

Forget the Regulators, all of the Regulators are a load of bollo*ks, in my opinion, based on my experience with them.

 

Yes your SAR will need to be complained about to the ICO, but don't hold your breath.

 

Kind Regards

 

The Mould

[Feelingdownandout]

the stuff that is missing from the sar are items such as the default notices and any correspondence relating to letters from bos.

 

if iyho i am wasting my time do I do nothing? and they are not refunding me direct as the acct is in default the money is refunded back to the acct. i dont see a penny.

[The Mould]

Hold on a minuet, that PPI is to be paid direct to you and not into the account.

 

OK, your SAR, they have not complied by not providing you with a copy of all of your personal subject data, you can complain FDAO to the ICO and they will investigate your complaint, maybe a good idea just to give them a head ache for a change, it will take the ICO a while.

 

That PPI, you want a cheque payment.

 

Kind Regards

 

The Mould

[The Mould]

FDAO

 

Cheque payment direct to you or you issue a Letter Before Claim.

 

B O & S Ltd are not dictating to you how you are to receive money that is owed to you.

 

Kind Regards

 

The Mould

[Feelingdownandout]

I have asked for the money and they have told me that as the acct is in default it is only being refuded into the acct, so I wont see it, the upside is that it comes off the balance so it comes down quicker downside is that it could be spent elsewhere, but want this sorted asap.

 

I will write to ico and see what they have to say, make a change for me to complain about them!

 

fdoa xx