Tuttsi V Halifax ( 18 year claim )

[Amethyst]

Re: Tuttsi V Halifax ( 18 year claim )

Good point Tanz

[TUTTSI]

Re: Tuttsi V Halifax ( 18 year claim )

Thanks everyone for your input, and i think the sugested amendments are excellent. But I will as Budgie say leave off the interest %, as we do not really want to highlight it.

I will adjust the letter tonight, then it can be posted tomorrow.

Fingers crossed.

xxxx

[TUTTSI]

Re: Tuttsi V Halifax ( 18 year claim )

Letter and enclosures all enveloped up - will post tomorrow Record Delivery.

xxxx

[TUTTSI]

Re: Tuttsi V Halifax ( 18 year claim )

A standard response has been received to day, I will post it up latter when I am home and then work out what the next letter will be with your help.

xx

[TUTTSI]

Re: Tuttsi V Halifax ( 18 year claim )

This is the letter which I received to day. It is a bog standard letter. But interestingly they cannot give me a breakdown of their charges as they are not obliged under the Data Protection Act and it is commercially sensitive - well that is according to them!!

[Amethyst]

Re: Tuttsi V Halifax ( 18 year claim )

this the letter

Thank you for your recent complaint. I am sorry you are unhappy about the charges which have been applied to your account. One of my colleagues will carry out a full investigation of your complaint.
Our commitment to you is that we will respond to your concerns at the earliest opportunity. However, we do want to ensure that the issues you raised are thoroughly investigated. If, for any reason, we are unable to respond fully to your concerns within the next 4 weeks we will write to update you of our progress.
If you have employed someone to handle your complaint on your behalf, please note the following:
n Halifax does not charge you to investigate your complaint.
G Halifax will not be liable for any costs incurred if you do decide to employ a
third party to handle your complaint during this review.
D Halifax, in general, will only make payment directly to the account holder(s).
D You may wish to check if the third party firm you are using is authorised under
the Claims Management Regulation.
You will find enclosed a copy of our leaflet, which details how we will handle your complaint. I hope we can work together and find a solution that you are happy with
You have requested information on how we calculate our costs for dealing with these transactions. Please note that we are not obliged under the Data Protection Act to supply this information, and as it is commercially sensitive, I regret to inform you that I am unable to comply with your request.
Thank you for your patience Yours sincerely

[Amethyst]

Re: Tuttsi V Halifax ( 18 year claim )

The letter does sound like a standard 4 week complaint jobby and stick u in the queue for the test case etc. The problem is cause the account shut it doesnt contribute to current hardship and they can't do any of the things they are obliged to under the hardship rules in the waiver....and the hardship rules don't state a refund. Halifax have been refunding people tho so it is worth pushing IMO.

I don't think FOS will help on this one during the waiver because the accounts closed... so think you would be looking at court after the 4 weeks if they don't refund you - I would feel inclined to wait that long so you arent down a court fee just to sit in a queue, and I would reply to the letter saying thank you for considering your complaint, the refund would help as you face repossession etc.

[Jester]

Re: Tuttsi V Halifax ( 18 year claim )

I don't agree with your assumption that they will not deal with it because the account is closed. My account with FD is closed (though it was FD that closed it) and yet they are still dealing with my claim under hardship rules.

Or am I missing a trick here ?

[TUTTSI]

Re: Tuttsi V Halifax ( 18 year claim )

Thanks Jester

I think I will wait and see what they say, when they respond in connection with the hardship part of the claim which I sent in evidence together with my letter, as Ame says, I have to just wait in the queue.

It was also Halifax that for no apparent reason cancelled this account back in 2002.

There are substantial charges on this account and if I could get this claim paid out it would help our situation enormously.


xx

[Amethyst]

Re: Tuttsi V Halifax ( 18 year claim )

I do think it is worth another letter before the 4 weeks as a reply to this one you received...just reminding them the urgency of the situation etc

[TUTTSI]

Re: Tuttsi V Halifax ( 18 year claim )

Had a response from Halifax.

They recognise our hardship but because of the claim going back to 1990 and the limitations act they are offering £28.

Can I have some help please on a suitable response. The £28 represents by the looks of it the last charge of £28 on 30/9/08 - so 100% refund within the 6 years. My spreadie at to days date for compounded contractual interest is £67,802 and at 8% simple interest is £4,294.78. Any suggestions!!!!

HALIFAX
CR FF Halifax
Customer Relations PO Box 548
16th September 2008 Leeds
LS1 1WU
Mr x & Mrs Tuttsi
xxxxxxxxx Telephone: xxxxxxxx
xxxxxxxxx Fax: xxxxxxxxxx
xxxxxxxxx
xxxxxxxxxxx

Our reference xxxxxxxx
Roll Number: xxxxxxxx
Dear Mr & Mrs Tuttsi
Thank you for returning your completed Common Financial Statement.
We have now completed an assessment of your current financial circumstances using the additional information you provided. Whilst I am satisfied that the charges were correctly applied, on this occasion, in view of your current financial circumstances, I would like to offer you a payment of £28.00 without admission of liability.
We note that you have requested charges dating back to 1990. The Limitation Act 1980 states that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. Halifax considers that a portion of the time period which you have claimed for is statute barred as it is a claim for charges which may have been incurred prior to the 6 year time period from the date you made your complaint. However, if you have evidence to the contrary in regards to charges incurred in the past 6 years we will be more than willing to look at this again on receipt of this evidence.
To accept my offer simply fill in the enclosed form and send it back to me in the prepaid envelope. I will then make sure you get your refund within 14 working days of receiving your form.
Unarranged Overdraft Bank Charges
As you are aware the bank (along with a number of other banks) is involved in legal proceedings with the Office of Fair Trading (OFT) in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges.
To ensure you are not disadvantaged by accepting this offer prior to the outcome of the court proceedings, we can assure you we have registered and stored details of your complaint. Once the legal proceedings between the OFT and the banks finish, we will review your complaint again, as quickly as possible, to ensure this offer reflects the court's findings.
Halifax is a division of-Bank of Scotland pic. Registered in Scotland No. SC327000. Registered Office: The Mound, Edinburgh, EH1 1YZ.

[Tempty]

Re: Tuttsi V Halifax ( 18 year claim )

oh eck hun, not sure on the over 6 yrs thing. I've not yet tried a claim over that time period. I suspect they will use this as a way of putting this one back on ice till after the test case by the sound of it.

hopefully someone who knows the arguments for pre 6 yrs will have a better idea

sorry for my useless info

[Sapphire]

Re: Tuttsi V Halifax ( 18 year claim )

Sorry hun its waaaaaaaaaaaaaaayyyyyyyyyyy beyond me as well, but I'm sure we have someone on here who is up on situations such as yours.

((((((((((((((((Hugs))))))))))))))))))

[Amy]

Re: Tuttsi V Halifax ( 18 year claim )

£67k!

[TUTTSI]

Re: Tuttsi V Halifax ( 18 year claim )

£67k!

Thats what it comes to on the spreadie!

But not going to claim this amount! if I were to claim this you could be sure that they would send the best legal team against me. I am sticking to stat interest 8% and just need to send them a further letter LBA and just need help with this as i do not want to accept £28 now.

xxx