Weller11 v Halifax

[hillards]

I disagree. On my statements it does not list 'debit interest' on it's own. Is hilliards getting confused with 'credit interest' which is, naturally, added on to your banance

On the statements I got I had lots of 'charges as advised' plus a few 'debit interest - advised last month' entries. All of these went onto my spreadsheet. There were also entries like 'credit interest' and 'debit interest', which I did not include as those are part of the overdraft agreement I had.

 

Yes, part of that could have been attributed to charges being added, and I know the complex spreadsheet can work that out, but I used the simple one as that made my claim much easier to understand.

 

Oh, to go to the 'me+missus v halifax' thread - click the next to tamadus - nice and easy...LOL

[weller711]

Have today posted my prelim letter with schedule of charges so will now wait and see. Do you give the bank 14 days from when you posted the letter to respond or 14 days from when they receive letter?

[Michael Browne]

Who knows ( or in fact cares) when they receive the letter. Use the date of your letter.

[weller711]

Have received a reply from Halifax stating that theysorry to hear I'm unhappy with the charges ??????????????? but to allow them 4 weeks to look into it? Do I have to allow them 4 weeks, I thought it was just 14 days as stated in my prelim letter?

[Michael Browne]

Do I have to allow them 4 weeks,

Of course not.

I thought it was just 14 days as stated in my prelim letter?

Correct.

[weller711]

Hi, can anybody help. As stated have seny mt prelim letter and in the letter stated that I required refund of all charges by cheque.

 

My account has been suspended (due to going over OD limit, not helped at all by £800 charges) so I can't use my account and as my benefits were in fact "taken" from me due to the charges, can I persue the request of getting my charges refunded by the way of cheque or does it have to go into the account (if they pay). I know it will reduce the OD but I still won't be able to use my account and I have in effect lost my benefits.

[sallysas]

Read about this somewhere else. (Barclaycard threads I think.) The banks are entitled to use any charges refunded to you to reduce your indebtness to themselves - BUT - unless anyone says I am wrong, the fact that you have asked for a cheque made payable to you with your prelim letter and I would state the same thing again with your LBA they cannot pay it into your now non-used account. Sally;)

[weller711]

Thanks Sally - thats great news !!!

 

Kind Regards

Lisa

[hillards]

It's a tricky one - if they are repaying charges then they could claim that this has to go against the overdraft, and refuse to pay by cheque on the grounds that you are claiming for monies that have gone to cause (at least part of) the overdraft.

 

They tried it with me, by putting in the offer letter that they would take part of my claim to repay the overdraft, which by then had been written off by head office and the account closed. In my case this was only a small part of the total claimed.

 

If you owe them more than the value of the claim then they will no doubt want some form of repayment of the overdraft as part of any deal. I face that prospect in my credit card claim.

 

On the other hand, when I eventually did settle, they agreed to pay by cheque (bankers draft even) and not to deduct the amount they had written off. It was a contradiction, they've either written that off or were claiming it...

 

Depending on the amount involved, they have the option to close the account and write off the outstanding balance. In that case they would have no choice but to pay by cheque, although they have been known to pay into a dead account before now.

 

In the end, if they do pay it into that account you wouldn't lose, it would still be a win, but the claim would reduce what you owe. It also depends on what the court would say, if they were to defend etc.

[weller711]

Have just called the Halifax Customer Relations Deparment re my claim as tomorrow is 14 days since i sent my prelim letter and they have stated they are still looking into my "compliant" and their current response time is approx 8 weeks!!!

Should I still send my LBA on Saturday?

[Michael Browne]

Should I still send my LBA on Saturday?

Yes.

[weller711]

Thanks for that. Why are they stating they are taking 8 weeks? It seems pretty stupid to me when they know whats going to come next, or is it just my case? I really can not understand them, is this normal?

[sallysas]

Delaying tactics, nothing sinister about it. If they can make you wait an extra 8 weeks would this make you anxious and then when they offer you a reduced amount is there a possibility you might accept because you were worried they would go no higher?

 

As Michael says 'YES'. Relax and start enjoying the ride. Stick to the guidelines and enjoy the extra money for Easter. Sally

[weller711]

Thanks Sally - the voices of reason!

[sallysas]

You're welcome. Been there, felt like that - will do again............. Sally

[weller711]

Well, still no reply from the lovely Halifax - so sent my LBA on Saturday - not holding out much hope though as I'm so overdrawn (though have another bank account now which I'm useing) - they will probably just laugh at me!!!!

[sallysas]

Now don't be miserable pet. I sent my letter on 18/01/07 and got a reply on..................... (wait for it)........................20/01/07!!!!!!!!!! See, they know that I am a 5' 2" blond - BUT I MEAN IT. If you don't get a reply on Wednesday it will only be because they are still snowed under and courtesy of the Daily Mail more people are claiming because they want to send the baliffs in. Oooohhhh now there's an idea.

[weller711]

Though I'm blonde too I've got 2 inches on you so I might get a letter on Tuesday !! Though I doubt it, how did you go on if you don't mind me asking - I have looked for your thread but can't find it - I'm pretty useless at finding my way around here.

Suppose I am just expecting the worse - I never have any luck (oh, now I'm feeling sorry for myself, never mind its nearly bedtime for the children so I can have a large glass of Baileys to drown my sorrows).

[sallysas]

I am under "sally v halifax2". 2 because I claimed some money back from my mortgage with them. Silly thing to do really as I still have 5 years to go. Didn't read enough when I was new. They offered me £1500 LESS so I have said no. What a cheek, NatWest offered me £300 less. (They were told no as well.)

 

All right lofty I will join you in a gin and orange later. Special price at christmas and I had a £2 voucher from Gardeners World weekend last year so it only cost me £8. Roll on payday when I can buy some Bailey's as it is one of my favourites. Most alcohol is my favourite. Aldi have a lovely line in bottled beer (I am a snob!) at £1.29 which is Marston's and I would heartly recommend. Rosey Nosey is one they do just for Christmas and is superb. Talk to you soon I am sure. Stay happy, Sally

[weller711]

Hi All

Does anybody know if Halifax are likely to defend my claim - when it gets to that stage as I have a large authorised OD with them and it is currently overlimit ( a lot of this is charges) and no monies are been paid in - they have put a stop on account but this was before I started this process. Any advice much appreciated Thank you

[sallysas]

Either they will or they won't. Don't forget you are in the right place for advice. We are at virtually the same stage together so I will hold your hand if you hold mine. I have to file at court next Thursday so no surprises what I will be doing this weekend. Next weekend I will be preparing for questionaire just in case. This is 2 weeks or so later. Some banks are better some worse apparently. NatWest seem ghastly, Co-op are more reasonable. As long as it all comes right in the wash. Get out in the garden is what I am going to do tomorrow/Sunday. Very relaxing IMHO (in my humble opinion) Sally:)

 

PS. I have to file against NatWest as well. What kind of idiot am I? Don't answer that.............................

[sallysas]

So you have heard nothing then? Perhaps they have too many claims to cope with. At least you have opened a parachute account which IS A GOOD THING. Power to the People Sally

[weller711]

Thanks Sally - you're always there - just very scared in case I have to go to court as I might have to explain my very large OD!!!

No, no news as yet so feeling very downhearted - they are probably just laughing at me.

I'm all for holding hands but maybe, just maybe instead of that you could just do it all for me - that'd be great and I might even buy you a bottle of Baileys, not that that would be a bribe or anything (lol) ;-) .

Does nobody else read my thread as you seem to be the only one replying but I am grateful honest - just would be like to bit a bit more popular

 

If you have to file at court next Thursday, that means I have to do it on Friday/Saturday - I posted the LBA on saturday so which day do I do it? And what do you mean preperaing questionaire? What do I have to prepare? Oh no - am getting scared now. And what are you doing this weekend? Not sure I am doing the right thing now - oh blow it - they have !!!!!!! me for money and I want it back!!!

 

I have read the step by step instructions and they have said nothing about the above :o

[weller711]

Sally - if you go out in the garden you will be freezing and wet and I really am concerned for your well being (lol) it's ***** cold and you can't do your gardening in whether like this. What, with sueing all those banks and now this gardening lark I think you need to rest

[sallysas]

So there I was about to take a bite into my pate on toast and I read the above. Do you want me to choak?!!!!!!

 

The questionaire section is Part 8 of the faq's.

 

I sent my LBA 18 January so the 14 days is up on Thursday 1 February. I have to wait that long to give them a chance to respond to my rejection of settlement letter which I posted last week if you recall. Don't get downhearted. If they send you an offer just before their 2 weeks reponse time is up you can then file at court. It might be an idea (just to cover yourself) to alter the rejection of settlement letter stating that you will be commencing court action on ...................... date. So you see, them keeping you waiting will have no lasting effect. You have already written telling them they have 2 weeks so stick to that. No, you don't have to give them a rejection response do you . You said 2 weeks and that is plain enough IMHO.

 

Sun is not out, so perhaps I will stay out of the garden today. I thank you for your concern. lol:lol: Sally

 

PS What do you mean no one else reads this thread? Site workers seems to come along like buses. If they say nothing this might be an indication that you are doing okay. What kind of interest did you go for in the end. With the Halifax I have gone for statutory with the 8% when I get to court.