Emma Vs Halifax **WON**

[emmaf01]

Thanks- I think that sounds good- as, if they pay out in full on my present claim, with some charges over 6 years, they will have some difficulty denying any further refunds!

[hagenuk]

In theory yes, but in practice you will find that all payments are made as a "gesture of goodwill" and with "no admission of liability or error" and purely for "commercial reasons" so that the fact that they may have paid a claim in the past does not mean that they will in the future.

 

However, if they do not refund you and you feel that you have a valid claim, then use the courts and let a judge decide.

 

I think you know what they will do - and so do the rest of us

[SAZ1979]

i never included any figures what so ever on my letter to the halifax but i got paid out in full me and my husband

[HSBCrusher]

i never included any figures what so ever on my letter to the halifax but i got paid out in full me and my husband

I would not recommend anyone approaches their claim in such a cavalier manner. It could so easily go wrong.

In any case, if you dont know what your figures are, how do you know you got paid in full?

please refrain from advising others on this course of action saz, you got lucky.

[emmaf01]

They still haven't even acknowledged the claim via MCOL!

 

If they have 14 days to acknowledge/defend, and it was issued on the 19/2/07, does that mean on the 3/3/07 I can go for a judgement (if they don't respond at the last minute)?

[HSBCrusher]

Its unusual for them not to acknowledge, although expect them to at the last moment, much the same as they do with defences.

[emmaf01]

Just as you said, Crusher, they acknowleded yesterday.

 

So, what is their present form- are they paying out soon after, or hoding out for the full 28 days/until they are about to go into the court room?

 

I'm looking forward to this!

 

And what the hell has happened to the edit signature box in user CP? I can't shout from the rooftops that I scalped the A&L!

[hagenuk]

Halifax tend to pay out once the claim is filed, sometimes before AQ's and sometimes after, so expect to get paid soon.

 

The site is experiencing higher than usual traffic and in order to minimise disruption to users, certain features have been disabled for the short term, one of those is the edit feature for your signature. It will be back to normal very soon.

[emmaf01]

Thanks, hagenuk. Didn't mean to be lairy about it- and higher than usual traffic is a good thing. Even my local taxidrivers (who are almost personal friends, they've known me for nearly 20 years), are taking the website address, and in some cases my phone number, as they don't have internet access.

 

And, did you know firms are popping up saying they will claim back your charges, all for a measley 20%! ? I've said I'll get the templates for them for nowt!

[chaddyowl]

Hi emma,

I filed N1 at court and it was ignored by Halifax.

 

I filed for judgement on 22nd Feb and still waiting for response. snail springs to mind.

 

Anyone any advice on this it is going on forever.

[emmaf01]

The complicated bit about this Halifax claim is that (until they closed it in 2003 without telling me) I had a second account with them, which was really, really overdrawn. It was my old student account. Now it is closed I am waiting to find out if they will try to use any money I am claiming and "offset" it towards this other account.

 

When I found out they'd closed it (only a couple of weeks ago), it was before I did the mcol, so I put in my poc I wanted payment by cheque or bankers draft, to edge around this issue. I just don't know what they'll do.

 

Has anyone else with a second, closed but overdrawn account , claimed and got a cheque?

[emmaf01]

EEEr, does that mean there's no-one?

 

Still no word from the Halifax.... I can see a court in the none to distant future...

[emmaf01]

Still nothing from the Halifax. At least I've already given them a copy of my marriage cert, so the account/letters/cheque(!) will be in the right name!

[HSBCrusher]

This is dragging.

Have you contacted the court?

[emmaf01]

Right everyone, I need your help urgently.

 

The Halifax have sent me a new offer, the same amount of charges as before, plus some interest and court costs. About £150 less than the claim amount (so paying about two thirds of the claim amount).

 

Also, they refuse to send me a cheque, saying they are paying it into the bank account direct, and that this is the only method they can use, even though I have stipulated payment by cheque in the court claim.

 

I rang them saying their offer was too low and I wanted payment by cheque- they refused, saying they intend to defend fully the rest of the claim, and they will be crediting my account tomorrow, even though I haven't used the account in four years and they know I don't even have a card to use the account anymore.

 

Argh- I don't know what to do, they acknowledged on the 2/3/07, so the defence should be lodged next week- I don't know what they can defend against the rest.

 

Help!

[emmaf01]

bump

[hands2bfree]

HI Emma,

 

Just reading through your thread and i find myself in a similar position.

 

i have a claim amoutn of £1591.00 and i was given a written offer of £1205.00, i rang up and politly said that it was not a good enough amount to offer and over the phone they offered me £1450.00. this is all without interest. and it is to be followed up in writing. however now im not sure whether to procede with a N1 or not as the offer money is £141.00 shy of total.

but in my head the wheels are even turning as i type this out and i realise with interest i would bee losing out even more.

 

anyway not sure if it helps but im in a similar positiona nd not sure what to do. inside im being greedy but.... it would be so easy to give in.

 

cheers for listening to my rambles lol

 

Louis

[emmaf01]

Well, I decided to get a bit pro-active, so I went in yesterday, closed the account (seeing I didn't even have a card for it and haven't used it in nearly four years), took out the money they put in (and the £1.51 that has been there since 2003) and used some of it to send a Special Delivery letter to their legal department saying "thanks for the partial payment, I've closed this account, send me a cheque for the rest".

 

Okay, so the special delivery bit was a treat, so they'll get it by 1pm, so they now have six days before it goes any further, and I don't want them wasting any more of my precious time with this bull.

 

And as soon as they do it, I can start on the pre-2000 charges I found on the statements they sent me after I had issued my MCOL.

 

Happy days- remember it's your money, ALL OF IT, so whether it's £50 or £500, get it all back. After all, they wouldn't hesitate to do it to you!

[emmaf01]

The letter was delivered to the Halifax this morning. Now I'm waiting for their response....

 

I hate waiting...

[emmaf01]

God, some of the staff at the Halifax customer relations department are getting snottier! All I want is to speak to someone in the legal department about my letter. If the really do phone me back today, it will be a first!

[emmaf01]

I got a truly useless but VERY condescending phonecall back.

 

Customer relations say the problem is I'm claiming back money I am not entitled to- what, charges and overdraft interest geneated wholly be these unlawful charges- and the legal department are too busy to speak to anyone, even halifax staff, never mind someone so low as customers!

 

They will be aware of the defense date and I should just be quiet until they can be bothered to speak to me.

 

I'm now looking at my court bundle. and also at the rest of the charges I will be claiming back from this account asap (another £165 from 1998 to 2000). I'm really remembering why I moved to another bank!

[emmaf01]

I am really getting irate at the Halifax's behaviour over these claims, as there does not seem to be any rhyme or reason to how they treat each case.

 

I always have a read around different threads, but I never understand what criteria the Halifax are using. My claim is piddling in comparison to most, and yet they waste time arguing, while quickly paying out on far larger claims.

 

This is not to say I do not merit others claims or envy their good fortune in not having to argue til the last moment!

 

But it is the lack of consistancy (on top of all the banks other misdemeanors), that drives me crazy.

 

At least they wind me up sooooo much I fight back- that's their one redeaming feature!

[hagenuk]

I think what you have here is a perfect example of incompetence and ineptitude at work.

 

I am sure you are not fazed by any of this and you will continue with your claim, they will pay you, just like they have paid everyone else.

[emmaf01]

Thanks, hagenuk. They really are driving me up the wall at the moment. Their problem is they only make me MORE adament to continue and win!

[hands2bfree]

i guess your right about getting money back . cheers for the boost how is things going with your claim?

 

im just trying to find out where i hand my N1 form into. any ideas how i could find this out?

 

cheers

 

enjoy the sunshine