Refund of c/c charges

[Yyates]

Not sure if this is the correct area to post this

 

My son had charges added on to his halifax credit card account due to not receiving the statements. He went through the usual way of trying to deal with this by phone but Halifax DO NOT UNDER ANY CIRCUMSTANCES REFUND CHARGES, or so they say. I wrote them a letter last Wednesday, posted it recorded delivery stating that these charges were unfair penalty charges and requesting a total refund, of course this was in my sons name not mine, i also asked them to send out a copy of their complaints proceedure if they did not agree to this. My son received a letter from the Halifax this morning refunding ALL charges levid on his credit card account including a copy of their complaints proceedure and all in less than 7 days too. The letter was from a Mrs. Connie Cockburn, Customer Complaints if this is any use to anyone, i addressed the letter to The manager of Halifax credit card.

 

so much for NOT, NEVER, refunding charges

 

Next stop...........LloydsTsb :twisted:

[Yyates]

Must admit i was extreamly suprised they caved in after one letter, i thought it was going to take at least 3. It certainly prooves we have the right to demand our money back. Its time control was taken back from the banks and given back to the ordianry man in the street, they have far too much control even down to things such as only being allowed to debt £xxx each day, its out money for goodness sake we should be able to call the shots here not them . sorry, rant over

[Guest]

There are a LOT of people hitting this site every day now. I'm reckoning the banks pay regular visits here, and are realising the writing is on the wall for them. It had to happen sooner or later, most of them have had a very profitable run - but it's over for them. The fact that more of them are caving in earlier means that they're aware that savvy internet folk are catching on to groups such as this, which means they're likely to be re-targetting the elderly, the unemployed, and anyone who is unlikely to have ready access to the internet.

 

It's the only thing they can do to continue getting money this way. The law loves black and white, and this is black and white - the only grey area is how much they're cheating people out of - they can't dispute that it's cheating.

[Russe11]

top stuff and well done, not sure the other card companies are taking the same course of action.

 

I'm expecting the full works from capital one, or so I hope.

[Yyates]

A few weeks back i sent a letter to Halifax credit card for a refund on my sons charges, he received a letter back stating yes we will refund them only to date they have not been refuned onto his statement. So obviously i need to re write to them, so, do i threaten them with court action if they do not refund within 7 days adding on the 8% and court costs? or do i go down a different path? Haven't come accross this situation before or what to do in a case like this. Any advise greatly appreciated

[BankFodder]

If they have said that they will refund the charges then it seems very unlikely that they now intend not to do so.

 

Try just sending them a reminder and ask them when they think that you can expect to see them figure on the statement.

 

However, I would suggest that if you don't get a response within about 7 days that you come back here :twisted:

[Yyates]

If they have said that they will refund the charges then it seems very unlikely that they now intend not to do so.

 

Try just sending them a reminder and ask them when they think that you can expect to see them figure on the statement.

 

However, I would suggest that if you don't get a response within about 7 days that you come back here :twisted:

 

Thankyou for such a quick reply, i will post and let you know how we get on

 

p.s. any chance of a thanks button? or does it cost too much?

[Yyates]

Do you mean like in MSE?

 

They use different forum software, although, I may at some point (when I'm feeling braver) attempt hacking the current forum software to make it happen.

 

I was thinking along the lines of MSE but as well as that i have trouble trying to remember what i have posted on, any chance of a green blob or something ? or am i missing it?

 

Well done getting to day 6 8)

[Yyates]

Do you mean like in MSE?

 

They use different forum software, although, I may at some point (when I'm feeling braver) attempt hacking the current forum software to make it happen.

 

I was thinking along the lines of MSE but as well as that i have trouble trying to remember what i have posted on, any chance of a green blob or something ? or am i missing it?

 

Well done getting to day 6 8)

[Yyates]

Just a word of warning, i dropped a letter into the main Halifax branch in my town centre today. When i asked for a receipt for proof they had received it they point blank refused, said they would not give a receipt under any circumstances, i tried every angle i could think of, they wouldn't budge

[Yyates]

Just a word of warning, i dropped a letter into the main Halifax branch in my town centre today. When i asked for a receipt for proof they had received it they point blank refused, said they would not give a receipt under any circumstances, i tried every angle i could think of, they wouldn't budge

[Russe11]

TRY THIS

 

Get a bright red shirt, reflesent bib, clipboard and pen.

 

(act as a courier)

 

go up to the desk and say you have "a delivery for the addresse", pass the letter, then hand the the clip board and pen to the member off staff and "please sign here" (point to a tiny box on the form with loads of small writing and package numbers on so they don't bother reading it).

 

Result one letter delivered, signed for

[Russe11]

TRY THIS

 

Get a bright red shirt, reflesent bib, clipboard and pen.

 

(act as a courier)

 

go up to the desk and say you have "a delivery for the addresse", pass the letter, then hand the the clip board and pen to the member off staff and "please sign here" (point to a tiny box on the form with loads of small writing and package numbers on so they don't bother reading it).

 

Result one letter delivered, signed for

[thoughtcriminal]

You might be legally better off posting the letter or just physically leaving it at the branch than you are trying to prove it's been received.

 

Civil Procedure Rules, Part 6 [paraphrased]:

 

A document may be served on a company by first class post (6.5(4)(a)) at its principal office (meaning its head office) or any place of business of the company which has a real connection with the claim (e.g. the account at which you hold your branch. Technically, you can't just leave it at any old branch). If you do this, the document is deemed to be served on the second day after you posted it (CPR 6.7(1)). All you need is a certificate of posting (free if you post it over the count at a Post Office) - there isn't even any need to prove it's actually got there! Easy, eh?

 

BUT - if you serve it personally (i.e. drop it into the branch), you can either 'serve it personally' - which means you have to personally serve it on a "senior person" such as the branch manager, which could be hard - or just leave it at the place of business. That's it. No need to prove it was actually received; just that you left it there. It's deemed to be received the day after it was left at the address (CPR 6.7(1)).

 

Need evidence? Make a fun home video. Wear a silly costume if you like. Get a friend to come along and be camera-man. Take a close-up of the envelope, and then in one uninterrupted shot (make sure you don't pause the camera in between the close up and delivery), walk in to the bank, up to the counter, and plonk the envelope on the desk. Say to the person behind the desk that you're leaving the document for service on Halifax PLC (or whatever company you're suing), then walk straight back out before s/he can say anything or give you the letter back.

 

The document's validly served and you have the video to prove it!

 

Bear in mind that strictly, there's no reason you'd ever need to prove to the court that your pre-action letters were received. As long as you can prove you sent them, you can prove you acted 'reasonably' before issuing court proceedings so you've covered yourself. The guidelines in the CPR only apply to court documents, so they aren't strictly relevant - but if you've complied with them for your pre-action documents, the Court will see that as being reasonable.

[thoughtcriminal]

You might be legally better off posting the letter or just physically leaving it at the branch than you are trying to prove it's been received.

 

Civil Procedure Rules, Part 6 [paraphrased]:

 

A document may be served on a company by first class post (6.5(4)(a)) at its principal office (meaning its head office) or any place of business of the company which has a real connection with the claim (e.g. the account at which you hold your branch. Technically, you can't just leave it at any old branch). If you do this, the document is deemed to be served on the second day after you posted it (CPR 6.7(1)). All you need is a certificate of posting (free if you post it over the count at a Post Office) - there isn't even any need to prove it's actually got there! Easy, eh?

 

BUT - if you serve it personally (i.e. drop it into the branch), you can either 'serve it personally' - which means you have to personally serve it on a "senior person" such as the branch manager, which could be hard - or just leave it at the place of business. That's it. No need to prove it was actually received; just that you left it there. It's deemed to be received the day after it was left at the address (CPR 6.7(1)).

 

Need evidence? Make a fun home video. Wear a silly costume if you like. Get a friend to come along and be camera-man. Take a close-up of the envelope, and then in one uninterrupted shot (make sure you don't pause the camera in between the close up and delivery), walk in to the bank, up to the counter, and plonk the envelope on the desk. Say to the person behind the desk that you're leaving the document for service on Halifax PLC (or whatever company you're suing), then walk straight back out before s/he can say anything or give you the letter back.

 

The document's validly served and you have the video to prove it!

 

Bear in mind that strictly, there's no reason you'd ever need to prove to the court that your pre-action letters were received. As long as you can prove you sent them, you can prove you acted 'reasonably' before issuing court proceedings so you've covered yourself. The guidelines in the CPR only apply to court documents, so they aren't strictly relevant - but if you've complied with them for your pre-action documents, the Court will see that as being reasonable.

[Yyates]

Brilliant info spoilt for choice between the red shirt and the video

[Yyates]

Brilliant info spoilt for choice between the red shirt and the video

[Russe11]

so you are saying signed for post is a waste of 96p, are we better off buying a stamp and getting a reciept for the item we stick in on ?

[Russe11]

so you are saying signed for post is a waste of 96p, are we better off buying a stamp and getting a reciept for the item we stick in on ?

[Yyates]

so you are saying signed for post is a waste of 96p, are we better off buying a stamp and getting a reciept for the item we stick in on ?

sorry im a bit confused by your post, butit is late/early . I hand delivered it the main branch, had i posted it recorded delivery then yes i would of got a signiture but i had to pay money into my sons account there anyway so thought i'd drop the letter in at the same time.

[Yyates]

so you are saying signed for post is a waste of 96p, are we better off buying a stamp and getting a reciept for the item we stick in on ?

sorry im a bit confused by your post, butit is late/early . I hand delivered it the main branch, had i posted it recorded delivery then yes i would of got a signiture but i had to pay money into my sons account there anyway so thought i'd drop the letter in at the same time.

[Russe11]

signed for AKA recorded as you say...... pay 96p for a signiture that you then later have to pay more to get it..... blow it if i'm doing that anymore then.

 

I thought you would need proof of it being recieved, but obv not.

 

a point well raised.

[Russe11]

signed for AKA recorded as you say...... pay 96p for a signiture that you then later have to pay more to get it..... blow it if i'm doing that anymore then.

 

I thought you would need proof of it being recieved, but obv not.

 

a point well raised.

[thoughtcriminal]

Cheers

 

There are actually people called process servers who spend their lives finding people and serving papers on them, then charging lawyers £250 for the service!

 

Literally, they see the person coming out of a building, go up to them, and catch their attention by saying "Mr. Bloggs?" Obviously Mr. Bloggs is taken off guard by this, so he turns round, confirming to the process server that he's got the right man. Process server thrusts an envelope into his hand, says "This is for you," and promptly walks off before Mr. Bloggs has realised what's happening.

 

As far as recorded delivery goes - although you don't legally need to use it, the main advantage is that if the bank ever says it needs more time to do something because it hasn't received your letter, it strengthens your position slightly if you can turn round and point out that you know they received it at 10:24 AM on Monday 3 weeks ago. Sometimes it might work to your advantage tactically, but legally there's no reason to spend the extra 60p or whatever.

[thoughtcriminal]

Cheers

 

There are actually people called process servers who spend their lives finding people and serving papers on them, then charging lawyers £250 for the service!

 

Literally, they see the person coming out of a building, go up to them, and catch their attention by saying "Mr. Bloggs?" Obviously Mr. Bloggs is taken off guard by this, so he turns round, confirming to the process server that he's got the right man. Process server thrusts an envelope into his hand, says "This is for you," and promptly walks off before Mr. Bloggs has realised what's happening.

 

As far as recorded delivery goes - although you don't legally need to use it, the main advantage is that if the bank ever says it needs more time to do something because it hasn't received your letter, it strengthens your position slightly if you can turn round and point out that you know they received it at 10:24 AM on Monday 3 weeks ago. Sometimes it might work to your advantage tactically, but legally there's no reason to spend the extra 60p or whatever.