snoopy71 v Halifax - SETTLED IN FULL

[snoopy71]

Just a quick question well actually a couple.

 

1) Does anyone else feel nervous/worried about doing all of this?

 

I have read through a lot of the posts and have read the legal argument and in principle understand the "can only charge for a service not penalise" side of it but I still feel like I am pulling a fast one.

 

However It didn't stop me sending my letters to both Natwest (my previous bank) with cheque, and Halifax (my current bank) with authorisation to deduct £10 from my account on the 21/03/06. I have also taken the liberty of opening up another account with A&L just in case it all goes wrong.

 

2) The second question is therefore when does the 40 days finish? Is it from this date on the letter or do i have to allow the "snail mail" to do its thing and deliver the letters as I have heard nothing since.

 

Ultimately I am begining to waiver in my resolve i feel pathetic and just need to know when I next make contact with the Robbers sorry banks.

 

Actually i have thought of a third

 

3) when i next come on here how do i continue this thread or do I have to start a new one? Sorry I am a complete techno phobe.

[snoopy71]

still received no response am going to go into my local branch with a reminder letter and cheque today.

 

Feel a bit guilty as the Halifax staff etc have been normally really good to me whenever I have needed help. Oh well

[Dowie]

still received no response am going to go into my local branch with a reminder letter and cheque today.

 

Feel a bit guilty as the Halifax staff etc have been normally really good to me whenever I have needed help. Oh well

 

You just have to remember that this is YOUR money, matey. You're not taking it from the staff... you're claiming back what is rightfully yours.

 

Good luck with your case

[jonni2bad]

I calculate that your 40 day period would expire on 1st May - I think it is fair to suugest that they received it on 24 March.

 

Did you send it by recorded delivery?

 

Finally, keep to your original post - that helps folk to keep track of your issues.

 

Don't give up - spend the time that your are awaiting your response by visiting the case guidance notes or FAQs, and of course the litigations section... this will show you how many other people are claiming and who has received their money back.

[snoopy71]

I went into Halifax today with reminder letter in hand just in case and said to Customer Services Rep that I had requested statements that would have been received just after 21/03/06 and had yet to receive a reply.

 

Politely he checked on the computer (says no) and the document was filed as being received on the 4th April!!!!! Even so no reply had been issued from Glasgow office where my letter resides (probably with Garry R.D. Kettle)

 

He then scurried about a bit more when I said he had to be joking and called someone by telephone gave them my details and they apparently said that there should of not been any delay as i had offered payment.

 

therefore I am now getting my statements sent to me "by no later than Wednesday" for free.

 

When he put the phone down the CS rep gave me a little knowing smile and said apparently there have been quite a few requests like this and that there is a backlog for delivery as to the reason for the delay??

 

So you see its all of you guys fault not Halifax's (chuckle) anyway will keep updating when there is more news.

[snoopy71]

postman had his ready brek (as very early) and has brought me my parachute account details. Now the worst Halifax can do is call me bad names and use harsh language ha ha.

[snoopy71]

received letter this morning and my statements.

 

Letter is dated 6th April and address is Leeds

 

Roll No: XXXXXXXXXXX

 

Account Enquiry

 

Bear Mr XXXX

 

I refer to your enquiry regarding the above numbered account.

 

We can provide the information requested but to do so there is a £5 staement charge.

 

Statements will then be provided for the last 4 years.

 

Please provide the authority to debit your account or forward £5 cheque

 

No action will be taken until we receive this.

 

The majority of transactions on your account are automated and all application of charges is automated.

 

The only manual intervention around charges would be when a refund is made.

 

Therefore if you require any further information please contact us.

 

Yours Sincerely

 

Graeme Sutters

 

Customer Services

 

Strange but not unexpected that they asked for further authorisation as I had actually put in my original letter that i authorised them to take the money.

 

This was confirmed when I went into my branch recently to offer them a written reminder and with cheque this time for my DPA request as I heard nothing since 20th March.

 

I also have only had the account for 3 years however if he can find some more with charges on I'm game!!!!

 

I am now sending a fax of my letter which contains my authorisation along with the above letter from Halifax to show them how incompetent they really are.

 

The main thing is i have statements and proof that there is no manual intervention of charges!!!

[snoopy71]

Dammit!!

 

Should of checked statements before I went away for easter as I do not have the right ones as they do not go back far enough.

 

Have phoned up Halifax again today and got put through to mortgage dept????!! This was despite phoning the number on the letter they sent me.

 

They are now re-ordering statements to hopefully arrive this week. They have until 1st May as far as Im concerned and then its Information Commisioner time.

 

dammit again

[snoopy71]

finally received all statements.

 

Special Delivery this morning!!!

 

I am glad I waited as i Had on the missing statements an extra £200 in charges so in total they have had £585 off of me since Feb 2003. I am shocked I thought it would be much less.

 

So I guess I now send the letter "request for payment".

[jonni2bad]

You do indeed....

 

Isn't it strange how knowing you've been charged more suddenly feels quite good!!

[snoopy71]

another little development....

 

I received another set of statements from halifax on saturday a week after getting the ones from my request made when i visited my local branch.

 

Seems like you might just as well ask your branch!!

[snoopy71]

received letter dated 28th April in response to my request for payment from Halifax saying

 

I was sorry to learn you are unhappy with the service provided etc

 

We will investigate your complaint blah blah blah we enclose a complaints leaflet.

 

As today is 4th May I will be sending my LBA as that was my timeframe that is correct isn't it giving them another 14 days??

[sgt_bilko]

If thats the time scale you set them,

 

 

I gave em 14 days and it's ample. It just demonstrates if it goes to court that you set reasonable targets for them.

 

I'm at a similar stage to you. I sent the LBA precisely 10 days ago. They have 4 days to pay up or dingdingding.... It's to the courts!

 

 

Good Luck with your claim

 

Peace Man

[snoopy71]

Post just arrived this morn no other news from Halifax.

 

So LBA goes off today.

[jonni2bad]

I'm one day behind you......

 

Good luck!!

[snoopy71]

came back last night from a business trip to find a letter basicaly offering me £115 in full and final settlement of my £585 claim.

 

Is there any template for yes I will accept but not in full and final settlement??

[colour-me-happy]

came back last night from a business trip to find a letter basicaly offering me £115 in full and final settlement of my £585 claim.

 

Is there any template for yes I will accept but not in full and final settlement??

 

Hi

 

There is no template you just need to adapt the lba, I put on mine "your offer is not acceptable as full and final settlement but I will however accept it as an interim payment."

 

Hope that helps

[snoopy71]

phoned up just now 1520 12/05/06 and spoke with a John T ( ill spare his surname in case thats not allowed) he was very nice actually

 

When I quoted even the basic information about how charges were just fees and went against goods and services act and Banking Code etc etc he went to pieces he then said was i prepared to negotiate (despite him saying 115 pound was their final offer??)

 

I have now asked for a final response from Halifax as I wasnt prepared to "barter" over the phone.

 

How can an organisation instruct their employees to haggle if they beleive they are in the right. They are obviously running scared as they know their defence will not hold up in court.

 

I have never been more resolute

[snoopy71]

one day to go before hi ho hi ho its off to court I go

[snoopy71]

I have due to working away not been able to file my money claim was due to do it on the 22nd ish

 

Q1 Have I damaged my claim in any way?

 

Q2 also can someone check that this below is what i need as my reason for going to court? Many thanks

 

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions.

 

I am claiming the return of money taken by the defendant in the way of charges over the last 3 years.

 

The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4.

 

Under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I have repeatedly asked the bank to justify their charges but they have Failed to do so

[jonni2bad]

You have not harmed your case at all, don't worry.

 

There is a template of the Particulars of Claim you should use in the TEMPLATE LIBRARY.

 

It is reproduced below, but you may find that the online claim is restrictive in terms of the number of characters in total, and also lines of text. If you are struggling to fit it in, you can always file one at the local county court, as I did this Monday....

 

1. The Claimant [has] [had] an account (insert account number here) ("the Account") with the Defendant which was opened on or around (date of opening) [and closed on or around (date of closing - if applicable, otherwise delete) ]

 

2. During the period in which the Account [has been operating] [was operated] the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

[3. A list of the charges applied is attached to these particulars of claim]

 

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just. (**Only if using local court since you can't attach these online)

I think attending court and seeing the surroundings is a great experience. You can talk to the staff - they're only human, honest - and it can add to the feeling of really taking court action, rather than pressing a button!

 

Should the bank actually defend, you would already be familiar with the layout and it would probably help put users at ease.

[snoopy71]

Thanks Jonni or is it Regan?

 

Managed to adapt it to fit the space online as I am away again next week so wanted something to forward this case.

 

So I just wait for 14 days? I take it Halifax normally acknowledge to increase the time?

 

Anyway good luck with yours keep me posted

[snoopy71]

Claim Description - Current Acc Hal

 

Claim Number - 6QZ34302

 

Status of this Claim - Issued 31/05/06

 

Didnt know if i needed to post this elsewhere???

[jonni2bad]

Hi snoopy - PM BankFodder with the details and he will add it to Litigation In Progress

 

Thanks

[snoopy71]

MCOL claim deemed to be served 5th June, Halifax acknowledged 6th June with intent to defend in full by Mr A O Brian.

 

What happens now?? I have receievd a copy of the claim sent to/from Halifax from MCOL but what next as there is as yet no call to action for me?