Phil3822 VS Halifax

[Phil3822]

Hi all, have requested statements from Halifax and waiting on that.

 

I do have a question, I could not find the answer in FAQ's :-?

 

I had a £1000 O/D, missed a few DD's and was charged the usual £35. Cause the charges then mounted up to about £200 they removed my OD facility. The then proceeded to charge me around £20.00 "debited interest" per month. The continue to charge this amount and have been for around 12 months. I depostited around £400 into the account which took the balance under the £1000 mark but because of the continued "debited interest" I am now back to the figure of near minus £1200.

 

My question is, am I able to put in claim for the whole of this "debited interest", as wel as my charges?

 

I'm currently in an IVA so needless to say my money situtation is less than good. They have also issued a defualt notice because of going over the OD and continue the interest even though I'm in an IVA.

 

Sorry a bit long winded. Hope this makes sense and thanks so far for your help and advice.

[Phil3822]

Just calculated my charges and they equal to £1038.My overdraft with them is £1030 and they are requesting the whole amount.

 

Been on the phone with them this morning, they explained they will be issueing a default unless the whole balance is cleared.

 

Anyone got any advice or tactics to slow them up.

 

Also, has anyone had any luck with charges on the phone with Halifax?

 

Thanks in advance.

[Bovvered]

They may do a 'gesture of goodwill' over the phone - like one charge, but no way for that amount. Go ahead and claim back those charges, if you're preapred to go the whole way, they WILL pay it back. If necessary you can ask them to remove any default they have marked against you in respect of those charges putting you into unauthorised OD, and then you can happily repay your OD with you refund...

[Phil3822]

Would they be likely to keep the account open? Reason I ask, my credit file is now that bad I can only obtain a basic account which is very restricting.

[Bovvered]

Well yes they can close your account, but you can tell them you intend to write to the OFT informing them of any such action...there is a thread in FAQ about this very thing. You say basic accounts are very restricitng - depends on what you want from them - NAT West Step account does Direct debits, Standing orders and you get a Solo card, or do you need more. Nothing to stop you trying now to get a slightly better package with a bank, and if you can't get one, set up a basic anyway just in case..

[Phil3822]

I've operated a basic account for around 8 months now. Not bad, but no cheque book of which i could do with. Plus cheques take near double the time to clear at times. My financial situation is complicated and I have exhausted most of the local banks.

 

Thanks for your help, sounds like very little point in calling them.

[maddyrose1664]

If they get funny with you it may be worth coming to a payment arrangement with them, even if it's only a small amount every month. At least that way they can't say you've done nothing about it. Like Bovvered said, you can get a default removed later on if need be. Regarding the bank accounts, I've just opened a basic one with Alliance and Leicester and that's got a cheque book.

[Phil3822]

Im in an IVA, although Halifax still dont seem to be aware. I cannot offer them any payments as thats classed as preferential treatment to a creditor.

 

There are very few banks Im able to get an account with, let along a basic account. Not tried alliance I must say!

 

Thanks for your help all. Any benifit in going into branch and seeing if they can stall the default? Explain situation etc, or are they no help?

[maddyrose1664]

To be honest I don't think they give a monkeys about your situation. You could try and get an appointment with the manager though - they are the only ones with the power to take your situation to HO. From my experience, trying to see the manager is like fixing wheels to a tomato - time consuming and completely pointless. That might just be my branch though - you should still give it a shot if it will put your mind at rest.

 

As for your IVA, I don't know anything about that but the likelihood is that if your bank wants to default you they can and most certainly will. Don't worry about it. It can be dealt with at a later date. I've got about 4 defaults on me at the moment but I'm not bothered. I'm more concerned with selling my house and paying my debts off. I'll deal with those later!

[colour-me-happy]

I would reply to the request to pay you overdraft back stating that the amount is in dispute, I *think* they are then obliged to hold off on any action they take against you.

 

Have a search round (I will too) I'm sure there are other threads on this subject.

[Phil3822]

Just curious really, have Halifax taken any retaliatory action against you?

 

If so, how did you handle it?

[vix2000]

see my thread vix v halifax - settled in full

[Phil3822]

Sent Prelim on the 26th of May recorded. They recieved Tuesday. On Wednesday I recieved a standard letter with their complaints leaflet. Today I recieved an offer of £284.00 against my claim for £1038.00. I'm shocked at the speed in which this has been dealt with.

 

Needless to say, I will not be accepting. It asks me to call them if I wish not to accept. It further states they have tried calling me which is a complete lie.

 

I'm laughing right now,

 

The following paragraph annoyed me

 

"I am sure you will appreciate that like other organisations we incur costs for every transaction made. When we pay an item against an unauthorised overdraft or return an item unpaid. We incur extra costs regardless of the shortfall involved. We believe it is fair to pass these costs on to the accounts affected, rather than absorb them into other areas of our operations, penalising all our other customers as a result."

 

Do you advise I call as stated or write back declining the offer, or both?

 

Thanks so much.

[natalie]

I would move onto the Letter Before Action and just incorporate a sentence or two stating that will accept nothing other than a full refund of all charges.

 

Natalie

[Phil3822]

Followed DPA, Prelim and LBA with only one letter offering a 25% good will which was declined. Just issued moneyclaim and all fine from what we can see however we're curious as to why the PDF claim form has for the County Court of Northampton when we live in Norfolk?

 

All this is on behalf of a friend. Will keep you posted.

 

Regards.

[Lizzy]

Mine to. I have read on here somewhere that they all say that. If it goes to court it gets changed to your local one.

[Phil3822]

Thanks.

 

On the Judgement column it says "start" and you can click it to open another window. What does this mean?

 

Thanks again.

[Phil3822]

Anyone able to answer the above question? I can re phrase if Im not making sense. Doing this with a friend at present so blind leading the blind here.

 

Thanks.

[Shanks]

Q. Why does my claim go through Northampton?

A. As a bulk issuing centre all MCOL cases go through Northampton to be issued.

 

Hi there, all mcol claims are dealt with, at least initially, by The Claim Production Centre (CPC) and the County Court Bulk Centre (CCBC) both of which are based in Northampton. This is simply a central processing centre. If your case eventually makes it to an actual hearing then it will be transferred to a court local to you.

 

As for the 'Start' section you only need to wory about this when you have had a response to your claim from the defendant.

 

More information about all this and the process can be found here -

 

Info about - County court bulk centre - money claim online and here -

 

county court bulk centre

 

Cheers, Shanks

[barracad]

Threads merged

[Phil3822]

Both of these claims have now been settled in full, awaiting cheque!

 

Thanks all for help.

 

Both got to moneyclaim stage but halifax did not bother defending.

 

PS, I know where the donate button is

[Phil3822]

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