Husband's Halifax Claim

[Monlou]

Hiya

I wrote a letter to Halifax on my husband's behalf to reclaim his bank charges.
The charges totalled £959.23.

He got a letter back from Halifax stating that they are only prepared to refund £318.00. it seems like they are going to refund this money to the account in five working days as they have not asked my Husband if he is in agreement with this amount.

The next paragraph goes on to say the following:

''in relation to the fees being unfair may I advised that, The supreme Court decided that as long as they are clearly set out, the level of unarranged overdraft fees cannot be assesses for fairness under the Unfair Terms in Consumer Contract Regulations. I understand you feel that the unarranged overdraft fees you complained about are penalties and/or unfair because they are too high. however, the outcome of the legal proceedings meant that the bank fees are not penalties, and that under the regulations the level of the fees is not a reason for finding them unfair, therefore i am unable to complete a further refund of fees''

Was just wondering does he accept the £318 or continue to fight for the £959.23 they have said that they will keep the file open for eight weeks.

Thank you

[di30]

Re: Husband's Halifax Claim

Hiya

Personally myself I would challenge this, however I would make sure with another opinion first,.
Have they given a timescale to accept or decline?

[Monlou]

Re: Husband's Halifax Claim

Hiya

Thanks for the reply

The 1st couple of paragraphs says that she has arranged for the £318 to be refunded in the next 5 working days. Then she goes on to say about what i qouted in my last post. Then she says that if he is not satisfied with this decision she will kep the file open for eight weeks. I am a bit confused by the letter I dont know if she has done the refund or she is awaitng my husbands response. He has made a claim based on financial difficulty they acknkowledge this in the letter but claim that they can only refund money thats been charged from the time he phoned and said he lost his job etc...

I was a bit concerned because if they refund the £318 would he be allowed to reclaim the previous charges ect...

Is there a template letter to respond to this?

Hiya

Personally myself I would challenge this, however I would make sure with another opinion first,.
Have they given a timescale to accept or decline?

[Never-In-Doubt]

Re: Husband's Halifax Claim

Hiya

I wrote a letter to Halifax on my husband's behalf to reclaim his bank charges.
The charges totalled £959.23.

He got a letter back from Halifax stating that they are only prepared to refund £318.00. it seems like they are going to refund this money to the account in five working days as they have not asked my Husband if he is in agreement with this amount.

The next paragraph goes on to say the following:

''in relation to the fees being unfair may I advised that, The supreme Court decided that as long as they are clearly set out, the level of unarranged overdraft fees cannot be assesses for fairness under the Unfair Terms in Consumer Contract Regulations. I understand you feel that the unarranged overdraft fees you complained about are penalties and/or unfair because they are too high. however, the outcome of the legal proceedings meant that the bank fees are not penalties, and that under the regulations the level of the fees is not a reason for finding them unfair, therefore i am unable to complete a further refund of fees''

Was just wondering does he accept the £318 or continue to fight for the £959.23 they have said that they will keep the file open for eight weeks.

Thank you

So they have offered a 1/3rd of the total claim? Hmm, typical get out I s'pose.

As for the 8wks, all banks give 8wks in order to close complaints, otherwise you may go to the FOS/FSA..... you should write back explaining you're not happy - have you used the reclaim templates from here or elsewhere?

[Monlou]

Re: Husband's Halifax Claim

Hi Niddy

I used the template letters from moneysaving expert.com for the 1st stage. but not sure what to write back now

So they have offered a 1/3rd of the total claim? Hmm, typical get out I s'pose.

As for the 8wks, all banks give 8wks in order to close complaints, otherwise you may go to the FOS/FSA..... you should write back explaining you're not happy - have you used the reclaim templates from here or elsewhere?

[di30]

Re: Husband's Halifax Claim

Hi there

Personally I would write a letter in your own words.
This may give a better chance of a higher success.

Tell them your not happy with the offer, give your reasons, tell them you don't believe they are fair.
Ask them to reconsider to the full amount or to at least a reasonable amount with interest.
Also confirm you will otherwise consider taking it further for investigation with the Financial Ombudsman Service with the evidence you have to support your claim.

Hope this gives you some sort of idea on this.
Ask them to get back with a decision by approx 14 days from the date on your letter.

Good luck.

[Monlou]

Re: Husband's Halifax Claim

Thanks
I am just drafting a letter now hopefully it should do the trick

Hi there

Personally I would write a letter in your own words.
This may give a better chance of a higher success.

Tell them your not happy with the offer, give your reasons, tell them you don't believe they are fair.
Ask them to reconsider to the full amount or to at least a reasonable amount with interest.
Also confirm you will otherwise consider taking it further for investigation with the Financial Ombudsman Service with the evidence you have to support your claim.

Hope this gives you some sort of idea on this.
Ask them to get back with a decision by approx 14 days from the date on your letter.

Good luck.

[di30]

Re: Husband's Halifax Claim

Good one, and please feel free to post it up on here if you want to - minus the personal details

[Monlou]

Re: Husband's Halifax Claim

Thanks

i will do that now

can you tell me what you think

Thank you

Good one, and please feel free to post it up on here if you want to - minus the personal details

[Monlou]

Re: Husband's Halifax Claim

Dear blah blah blah



Thank you for your letter dated the 2nd February 2011 in which you advised my complaint about unfair bank charges is to be closed after 8 weeks and you will refund £318.00.

I am not prepared to accept £318.00 as a refund because I feel that in issuing these charges you have broken the FSA’s regulatory principle to ‘pay due regard to the interests of its customers and treat them fairly’ and I am writing to request that you do not close my complaint but instead reconsider refunding the proposed amount. The FSA waiver states that you should deal with hardship cases you acknowledged in your letter dated the 2nd February 2011 that I notified you of my financial difficulties in February 2010. At the time I was receiving Jobseekers Allowance and this was being paid into my account there were numerous occasions when i was unable to withdraw the full amount as this was paid towards my overdraft. But according to the Social Security Administration Act 1992 as stated below this must not be used towards overdrafts etc.
If the income is from incapacity benefit, job seekers allowance, etc, they are contrary to section 187 of the Social Security Administration Act 1992. The working of this Act comes under the Treasury and the Department of Work and Pensions, respectively and is quoted below for your immediate attention.

Social Security Administration Act 1992
Miscellaneous
Certain benefit to be inalienable **

187- Subject to the provisions of this Act, every assignment of, or charge on-
(a)benefit as defined in section 122 of the Contributions and Benefits Act;
(b)any income-related benefit; or
(c)child benefit,
and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his or her creditors.

I now ask that you reconsider the original amount requested of £959.23 or at a more suitable offer with interest. I look forward to a full response to this letter within 14 days and if I do not receive a satisfactory response I intend to pursue my complaint to the financial Ombudsman service or small claims court at the earliest opportunity.


what do you think of this dont think i have put enough info in or am i just waffling on!!!

Good one, and please feel free to post it up on here if you want to - minus the personal details

[di30]

Re: Husband's Halifax Claim

Hiya

Well i think its great letter myself and it seems to cover everything to what i can see, if you want other opinions as well that is up to you.

Well done and good luck.

(I shall be back after a few days)

[Monlou]

Re: Husband's Halifax Claim

Hi di30

was wondering if I could pick your brains about a claim I made to the Nationwide. Thought it would be easier to post here rather than starting a new thread hope that's ok

I sent the template letters to reclaim my bank charges from the Nationwide based on financial hardship. They sent a income and expenditure sheet just before xmas last year which I completed. They then sent a letter back saying they will not be refunding the charges due to my miss management of the account I explained to them that I was made redundant in 2009 and the fact that they took money out of my benefits etc... I then got a reply back yesterday advising me that they are still not prepared to refund the charges. do you think its worth going to the ombudsman? or am I clutching at straws here.

Thanks
Monlou

Hiya

Well i think its great letter myself and it seems to cover everything to what i can see, if you want other opinions as well that is up to you.

Well done and good luck.

(I shall be back after a few days)

[di30]

Re: Husband's Halifax Claim

Hi di30

was wondering if I could pick your brains about a claim I made to the Nationwide. Thought it would be easier to post here rather than starting a new thread hope that's ok

I sent the template letters to reclaim my bank charges from the Nationwide based on financial hardship. They sent a income and expenditure sheet just before xmas last year which I completed. They then sent a letter back saying they will not be refunding the charges due to my miss management of the account I explained to them that I was made redundant in 2009 and the fact that they took money out of my benefits etc... I then got a reply back yesterday advising me that they are still not prepared to refund the charges. do you think its worth going to the ombudsman? or am I clutching at straws here.

Thanks
Monlou

Hiya

If they don't budge then personally yes I would complain to the ombudsman, maybe you could write to them first and tell them you are considering the ombudsman direction if they do not resolve this to your satisfaction.

[Monlou]

Re: Husband's Halifax Claim

Hiya

Yes i have done this already and they wont budge

Hiya

If they don't budge then personally yes I would complain to the ombudsman, maybe you could write to them first and tell them you are considering the ombudsman direction if they do not resolve this to your satisfaction.

[di30]

Re: Husband's Halifax Claim

Right ok, its time for the FOS then if your not happy with the decision.
So you already made them aware of the FOS as well then?