Advice please


J

john southern

Hi,
I posted here back in April about my parners chequebook being stolen in
the post and 1500 pounds being taken from her account.
The bank Halifax said the money would be back on the 28th of May in a
letter from the fraud department.
That came and whent no joy so whent into a local branch who called up
the fraud unit we where told 2 weeks that came and nothing so called
them again tole 10 working days no money so anouther call and no joy.
Whats the legal position of this as we are considering taking legal
action agaisnt the bank ?
Also should the bank repay any lost intrest and compensation for the
stress caused by all of this.
What should she say the next time on phone ?

Cheers,

John.
 
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T

Tumbleweed

john southern said:
Hi,
I posted here back in April about my parners chequebook being stolen in
the post and 1500 pounds being taken from her account.
The bank Halifax said the money would be back on the 28th of May in a
letter from the fraud department.
That came and whent no joy so whent into a local branch who called up
the fraud unit we where told 2 weeks that came and nothing so called
them again tole 10 working days no money so anouther call and no joy.
Whats the legal position of this as we are considering taking legal
action agaisnt the bank ?
Also should the bank repay any lost intrest and compensation for the
stress caused by all of this.
What should she say the next time on phone ?

Cheers,

John.
I would write and say you are taking them to the small claims court. Point
out what they promised and that they havent followed through. Dont say
'unless you fix it within x days' because they might fob you off again, just
say you are writing to inform them. Or you could call, and ask for address
details because you are going to write to inform them officially. Then do
it. Make sure a contact phone no is in the letter.
Then wait a week and if nothing happens then go to the small claims court.
I'd guess this might prompt them to fix it, and if it doesnt well then you
should be going to the SCC anyway.

You can always claim in the letter a sum for stress and time lost. Dont make
it stupid though. Looking at the financials problem pages banks generally
seem to be willing to cough up £100-£200 for this sort of aggro. Plus you
can claim the SCC fees on top in the letter, better check exactly what they
are..something like £44 IIRC?
 
J

john southern

Daft question i suppose and possably in the FAQ but how would we go
about taking them to the small claims court ?

Cheers,

Jon.
 
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F

Fergus O'Rourke

john said:
Have you reported this to the police? What do they say?

Have you seen the cheque that is fraudulent, is it a good forgery?
Whilst I know this might seem a silly comment you can only sue
Halifax if they have been negligent. If it is a very good sig then
they havent been negligent.
Negligent or not, they had no proper authority to pay out of the account.
 
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