Sarahdactyl vs the Halifax

[sarahdactyl]

Having been successful with Barclays and the LBA stage and now having issued the claim against Nationwide on MCOL yesterday (I am so paranoid that i've done it wrong!) I have agreed to take on the Halifax on behalf of my boyfriend. I know he's been charged a fortune, they took out 120 quid in charges on my birthday, despite him having checked at the bank machine to ensure he had enough money - and there's many more years of that prior!

 

So, sending off the S.A.R today - Nationwide and Barclays were quick in sending out the statements - how long does it normally take Halifax, anyone know?

[aardvark the lecturer]

Mine were well within the 40 days the first time around, still waiting on my other account but they do often seem to 'forget the odd year' at first!

 

You can read more of my progress in the links below.

 

Good Luck!

[sarahdactyl]

Humph, Halifax cashed my cheque last week and still no statements!

[kokorunna]

Halifax will normally despatch the statements within 2 weeks of receiving your data protection request letter

[sarahdactyl]

Still no statements! Have instructed my boyfriend to phone and chase them as the cheque was cashed two weeks ago. It's only been 25 days though I suppose.

 

Impatient now!

[aardvark the lecturer]

A polite call to request an update on their progress cannot do any harm IMO, I've done this with varied effect across a number of banks.

[Loonychoons]

Keep on at them - they went well over my 40 days but got there eventually when I threatened to report them for it.

[sarahdactyl]

Still waiting for the statements! Got my bf to give them a call on Monday and they advised that they are taking their full 40 days at the moment, I estimate we'll get them this time next week....

 

I hate waiting!

[Guest bluecloud]

Have you ever heard something so pathetic?

 

The banks make billions of pounds in profits every year and they resort to petty little tactics.

 

At least we can all sit back and relish the idea that the money is ours and we will get it back.

 

 

.

[sarahdactyl]

Well, they arrived dead on 40 days and so I have been calculating the charges this afternoon.

 

It comes to a total of £1593.00 and I will send the LBA this afternoon.

 

[sarahdactyl]

Got a letter today saying that they have received our letter and that they will respond within 4 weeks. Well, they may well do but I'm sticking to our timetable! They have until November 28th.

[aardvark the lecturer]

Well, they arrived dead on 40 days and so I have been calculating the charges this afternoon.

 

It comes to a total of £1593.00 and I will send the LBA this afternoon.

 

 

Surely that would be the prelim?????????

[sarahdactyl]

Surely that would be the prelim?????????

 

Yes, terribly sorry, not paying attention - I have obviously sent the prelim.

 

No need to worry!

[sarahdactyl]

Well, the 28th is fast approaching and so I have put together the Halifax LBA for posting on Tuesday. Now I need to compose a letter to GE Money to rap them on the knuckles for deliberately only sending me data for one account rather than three. Tsk Tsk. Some people will try anything to avoid refunding our cash....

 

I cannot wait til we get the Halifax money back!

[sarahdactyl]

Right, the LBA has been sent today! Deadline is December 12th and if no satisfactory response (I.E. all the money back) then we will file Moneyclaim on that day.

 

Have to admit I want it to go to the court stage because of the additional 8% interest.

 

Wonder if the cash will turn up for Christmas!

[sarahdactyl]

We got a letter from the Halifax today dated 29th November (That was quick!) - it was offering 593 pounds. As we are claiming a grand more than that obviously we won't be accepting it in full and final settlement.

 

2 questions:

 

1) Do I now write them a letter saying thanks for the offer, we will accept this in partial settlement only etc etc and then persue them for the further 1000 pounds, or do I just carry on persuing them for the lot?

 

2) Do I submit the Moneyclaim now or wait the full 14 days as they have responded to my letter?

[Aaronsdad]

You're on the right track, you can send this rejection from the library

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

And personally I would wait the 14 days. Then if it all goes before a judge you've been the epitomy of reasonableness and only done what you said you were going to. (They could argue they were going to reply on day 13!)

[sarahdactyl]

Cool, thanks for this - I have printed it off, filled his details out and p.p signed it as the boyfriend isn't here.

 

Will post it back this afternoon and see what happens!

 

(Nothing I would imagine!)

[debt_mountain]

My personal take would be - when a bank follows the same process and everyone before you has had a bog-off letter and had to do an MCOL you should have a case, to explain to the judge (not that it will go to court) that they always do this so I know that they have rejected my offer oh and by the way it is really wasting court time.

 

 

just my 2p.

[aardvark the lecturer]

Apologies for the 'late post', I'm sure you have already taken whatever you decided was the right move sarah, but I've been offline for a couple of days and only saw your post tonight.

 

 

As you have recieved an offer, they have demonstrated that they have entered negotiations regarding the claim. Its only when they stop all that and say "no, we've offerred you all we're prepared to and can/will not make any further offers etc regarding your complaint" that you should consider skipping the timeframe that you have set out to go to MCOL.

 

In that situation it's a justified decision, IMO.

 

I would have definately sent a rejection letter though.

 

Good Luck.

[sarahdactyl]

Hello everyone! We sent a rejection letter as recommended and received a further offer of £1307 today - bit of an increase from the 600 odd quid offered before!

 

It says that this would be full and final settlement and if we are not happy with it to give them a call - offer is available for 2 weeks from yesterday.

 

Now, do I wait til next Tuesday and submit a MCOL or in the meantime shall I send them a further rejection letter and see if they up it to the full amount before then?

[sarahdactyl]

Anyone? Do you think we should send http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html again in the hope that they'll just pay up the missing 286 quid?

[hillards]

Ask yourself the question, are you prepared to accept their offer? No, send the rejection letter then.

 

You know you are entitled to the full amount, it's up to you if you choose to go for the last hurdle or take what they are offering. I know I would go all the way as I would begrudge leaving some behind for the sake of yet another letter and a bit more waiting.

 

You would also be asked to sign a letter saying you will accept whatever charges they throw at you in future - how about they charge you £150 every time you make any transaction on your account, perhaps to get the money back out of you by way of revenge. Having signed a letter to say you agree to their terms they could easily do that, although it would be illegal of course.

 

By refusing to sign any such thing, and moving forward, you're protecting your future too - as you're not giving them anything as 'full and final', with their conditions.

[debt_mountain]

Anyone? Do you think we should send http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html again in the hope that they'll just pay up the missing 286 quid?

By all means send the letter, but they have a porocedure that they follow everytime (I may be wrong but I don't think they have paid out in full unless you issue court papers) and even if you tried to phone them and point out that when it goes to court you get all charges _ 8% plus they have to pay a further fee of £120 ish, they might see the light and pay up. If you do agree something over the phone say they have 7 days for the cleared funds to be in your account. Whether it is a BOS or not.

 

When I get to the accepting an offer stage (next week) I am going to tell them to pay the funds to my A&L account by BACS because if I don't have the cleared funds by date X I will be proceeding. They have to have a defence in by 15th so that is the date they have to give me my cash.

 

I am so sick of the banks making us go to court, making us sign agreements so I for 1 am going to be giving them deadlines to meet.

 

The worm has turned.....

 

 

good luck.

[sarahdactyl]

Ask yourself the question, are you prepared to accept their offer? No, send the rejection letter then.

 

You know you are entitled to the full amount, it's up to you if you choose to go for the last hurdle or take what they are offering. I know I would go all the way as I would begrudge leaving some behind for the sake of yet another letter and a bit more waiting.

 

You would also be asked to sign a letter saying you will accept whatever charges they throw at you in future - how about they charge you £150 every time you make any transaction on your account, perhaps to get the money back out of you by way of revenge. Having signed a letter to say you agree to their terms they could easily do that, although it would be illegal of course.

 

By refusing to sign any such thing, and moving forward, you're protecting your future too - as you're not giving them anything as 'full and final', with their conditions.

 

Hi Hillards,

 

You missed my point - I was never going to accept this offer or sign anything - I wanted to know whether to send a further rejection letter to see if they'd pay up the full amount by Tuesday or whether to go to MCOL on Tuesday Thanks for your response though!