Mamakin v HBOS

[mamakin]

I'm not too sure what to do next, and would appreciate some help from others who've been in the same position.

I have probably paid in excess of 3000 pounds in the last 6 years. I phoned the bank and asked them to send out statements showing the charges. I asked about refunding any of those charges, and was told as a goodwill gesture, they would take off my last charge. 30 pounds. I mentioned small claims court etc, writing a letter. I was told they had done nothing wrong. I signed a contract knowing there would be these charges.

Not happy with that, I called them again. I was told that it's not their (Halifax) policy to refund lawful charges. I said they were unlawful and excessive and did not reflect the true cost of the penalty etc. I was told to read my terms and conditions. He said they were wholly within the law. They complied with the banking code. Nothing I could say or do would change that. They will give me nothing, and only offered to close my account for me. I asked if to his knowledge, any payments had been made in the way of refunding charges, and he said only charges made in error were ever refunded, and it's not their policy to refund otherwise.

So now what? Is there anything else I can say to him? Or is it just a matter of sending the letter now.

Any help appreciated

[alanfromderby]

Hi

 

Welcome to the forum, the more people we have on board the more strength we have in our continuing fight against these unlawful charges.

 

What you have been told is the line that banks are using - especially when they think the customer does not really understand the process. You can certainly claim back the unlawful fees you have been charged over the last 6 years.

 

I am sure you have a great many questions about the process, and would therefore advise that you to have a look at the FAQ's:

 

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

 

In the same section you will also find a step-by-step guide which will help you through the process. The most important thing to do though, is to spend time looking through the forum at the experiences of others.

 

It is advisable to spend at least two days doing this - I understand that you are in a hurry to get your money back - but time spent now in learning and understanding the process will benefit you later. It could also save you from making costly mistakes.

 

All the best with your claim. Please keep us informed of your progress, and remember that we are all in this together. If you meet any problems, or have questions that are not answered elsewhere (and most have been), please post them to this thread. This will help other members to clearly see the history and progress you are making - and will enable people to give advice more easily.

[mamakin]

Thanks for the reply

I've spent all morning and afternoon reading the forum and have read the FAQ. Just thought I'd see how they responded to the phone calls. And they didn't budge an inch. So now I'll go through the step-by-step. Thanks again.

[alanfromderby]

Keep us posted.

[mamakin]

Just remembered another thing he said. I said 'so are you denying you know anything about the change in law saying those charges are unlawful?' Or words to that effect. He said they only apply to credit cards. I said so not on bank accounts at all, just on credit cards? He said that's right.

How can they lie so blatantly?

[alanfromderby]

Just remembered another thing he said. I said 'so are you denying you know anything about the change in law saying those charges are unlawful?' Or words to that effect. He said they only apply to credit cards. I said so not on bank accounts at all, just on credit cards? He said that's right.

How can they lie so blatantly?

 

 

Just to clarify, it is not a change in the law. It is more that the law was only recently used in this context.

 

He is saying what he has been told to say - he will be working from a script. I think it was a caller to Capital One that asked the question direct, and the person on the phone rather stupidly admitted that she was following a set script. LOL

[chipsandsausages]

I wouldn't even waste my time on the telephone to them. Ask them for any correspondence to be in writing in future. That way, when you are replying, you can think about what you want to say without having to think of a response on the spot.

 

First step is to go to the library and download your DPA letter - enclose the £10 and then wait until you get your statements.

 

Best of luck and welcome to the forum. We're all fighting the same battle - but just at different stages.

[mamakin]

Hi all

 

After reading this forum for months, and reading the faqs over and over, I finally went into the bank today to request a list of my charges. I'm guessing around £4000. And I 'think' I'm ready to take the plunge!

Problem is, I have a £1500 overdraft, which is maxed out (no thanks to them). Will this make a difference? Also in the past I've phoned them moaning about the charges, and occasionally they've took one or two off as a goodwill gesture. Does this affect my rights?

Any help appreciated

[katesage]

no problem with having an overdraft, however maxed! they may play silly ******* and try and withdraw the facility as an intimidation tactic. If this happens, you would need to write stating that the account is in dispute, which should stall them from taking things further until you have your 4K with which you can use to clear your overdraft.

it's similar to why it is highly recommended that you open a parachute account to protect you in the event that they try to make things tricky for you!

 

loads of luck

[mamakin]

Thanks for the reply Kate.

I have opened another account just in case. They started the intimidation tactics the second I asked for the list of charges. They said I could have them, but only via copies of statements, which would cost £5 for each one. I said no, you can take £10 happily, but no more. She said 'who told you that? where did you hear that?' And then reluctantly snatched my card back from me, swiped it through her machine, typed in a good 5 minutes worth of notes and then said they would be posted to me.

So if I say the account is in dispute, they can't change a thing. Many thanks for that

[bearo]

ha ha i think thats too funny, do they think we are fools they have just fallen out of thre stupid tree???!!

[mamakin]

Hi all

 

Today, I have finally received the boot up the backside I need to get the ball rolling.

I called Halifax, just to see what their response would be when I asked for a list of charges. I've done this twice before in the last 6 months or so. Once I was told they would take £10 out of my account to do this (of which I didn't have in the account at the time!) and the 2nd time they told me it would be at a cost of £10 per statement etc etc.

So I've just spoken to someone who said they have a new procedure for bank charge requests, and I need to send a cheque for £10, payable to Hbos Plc. The address they gave me was Hbos Plc, Business Risk/Retail, 10 Carlton St, Halifax. She said this was the only way they could do it now, and she couldn't just take the £10 out of my account. This address doesn't seem to match any I've seen in the past. Does this look kosher, or are they spinning me a yarn to stall me getting them?

Many thanks in advance.

[sea-sidelady]

Hiya Mamakin,

 

The address to send everything to is...

 

HALIFAX PLC

TRINITY ROAD

HALIFAX

WEST YORKSHIRE

HX1 2RG

[mamakin]

Many thanks for that. Have just printed out the letter as we speak

I figured they were trying to redirect me to somewhere I wouldn't want to be going.

[sea-sidelady]

Any worries just shout. There is always some one on here who can help.

[mamakin]

Hi all

 

I sent my SAR on 17th Feb recorded delivery. I've been using the track and trace system online to see when it arrives. So far it hasn't. I called the post office helpline yesterday and they say nope, it hasn't been delivered yet. they said all I can do is wait 15 days and then file for compensation for a lost letter. I sent it to the Trinity Road address. I presume the bank are trying yet another delaying tactic and not accepting incoming post unless they know who it's from? What should I do?

 

Thanks in advance

[jmuggali]

They are receiving sack loads at a time now so many aren’t getting signed for, mine is still not showing on the post offices site but the Halifax have sent me an offer.

[mamakin]

How strange. So they've received yours obviously, but it's not showing as signed for? So it looks like the post office can't cope with the demand either. Hmm. is it worth me calling the bank to see if they've received it?

[sea-sidelady]

No harm in phoning to check

[mamakin]

Thanks seaside lady. Now this may sound like a stupid question, but what exactly should I say to them? I am sick of phoning to request various things only to be spoken to like they have NO idea what I'm talking about and trying to make me sound dumb for asking.

[mamakin]

I called them and they said nothing was showing as received yet, but it usually takes about 7 working days to come to them, so call back at the start of next week and they'll check again then.

Gotta hand it to them, they aren't giving up easily!

[Aaronsdad]

Two little nuggets of info.

 

1. Try talking to this lady. She gets things done and deserves a promotion (if anyone from Halifax is reading this) although she must be sick of me by now!

 

Kelly Duffy

Senior Customer Relations Manager

Executive Office

Customer Relations

Direct Dial 01422 326326

Fax 01422 326688

kellyduffy@halifax.co.uk

 

2. Complain to the Post Ofice that track and trace shows it as not delivered and they'll give you a book of stamps!!

 

A D

[mamakin]

Thanks for that. Will try contacting her and see what happens. The post office told me I could claim compensation for the 'lost' letter. Not really the sum of money I'm after though lol

[MR2Phil]

I got a book of stamps from Royal Mail as mine showed as not being delivered (even though it obviously had been!). They'll come in handy when I fire all my other SARs off!

[MARTIN3030]

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