Peter534 v Halifax ***I WON***

[peter534]

Hello to everybody,

I have been looking through this site for a few weeks now, since i saw it advertised on ITV's Tonight programme with Trevor Macdonald. I thought that i might as well have a look and give it a go, if it seemed straight forward enough.

I have two bank accounts with the Halifax, through which they have unlawfully charged me £1,964.00. Luckily enough I had kept my statements for these accounts so i could start the ball rolling immediately. I sent my preliminary letter to them on 22nd August 2006 and got the standard complaints procedure leaflet sent back to me two days later. If i have had no positive response by tomorrow (7th Sept 2006) i will be sending them my next letter giving them a further 14 days in wich to reply.

I have also sent off two seperate access requests to my credit cards , one to "Halifax one" who have cashed the £10 cheque but have not written back, and another to "Mint" who have sent a letter confirming receipt of the requst and of the cheque, they also stated that the information would be with me within the 40 day limit. Both of the these requests were sant on 22nd August.

My girlfriend and brother in law both took a great interest in what i was about to do when i told them, so they too are "Going for it"!
They have both sent off access requests to the Abbey as they both bank there. My girlfriend sent hers off on 22nd August and received a letter on 30th August acknowledging the request and £10 fee. They went on to say something about archived records and microfiche records, however the letter basically said that we would receive the information within the timescale. Not sure what format it will turn up in. We will have to wait and see.
My brother in law only sent his access request off on 2nd September so no response as of yet.

Can you believe it! I have received two more charges on my halifax accounts over the past week. £69 in total, i will be making an extra claim for that.

Q: Does anyone know if you can come to some sort of arrangement with the bank after you have claimed all of your charges back, stopping them applying these charges to your account in the future?

I would just like to take this opportunity to thank everybody involved with this wonderfull site and wish you all the best of luck.

Finally i would appreciate any advice people could give me in this opening round, or indeed any heads up for the inevitable scrap. Feel free just to say hello if you want. I will keep you all posted.

[Suec99uk]

Hello, I am currently in the process of trying to get my charges back. Halifax have until Friday before I file my court action. Just offering you some moral support. Good luck!

[peter534]

Thanks very much. Let me know how you get on.

[peter534]

When people refer to claiming back interest, surely that isn't the interest you get charged every month for your overdraft facility, ie for me, about £15 per month for a £1500 overdraft.

Also can i add the £69 extra charges mentioned in my first post to my moneyclaim, when it comes to that next week?

Any help much apreciated!!!

[livelylad]

Originally Posted by peter534

When people refer to claiming back interest, surely that isn't the interest you get charged every month for your overdraft facility, ie for me, about £15 per month for a £1500 overdraft.

Also can i add the £69 extra charges mentioned in my first post to my moneyclaim, when it comes to that next week?

Any help much apreciated!!!

hi the interest is on the overdraft is only if the charges put you over your limit. The fee for having the overdraft is not redeemable.The interest on the charges is applied when you claim with MCOL hope this helps

[peter534]

I don't think i explained my question properly, sorry, my fault. I will be doing a moneyclaim on friday, if the halifax haven't come up with my money. My initial claim was for £x and since then i have been charged £69. Can i claim for £x + £69 when i go to moneyclaim.com or do i have to start the whole process again for the extra £69.

[mechs]

you can add any extra charges up untill you file at Money claim you need to update your spreadsheet and send the updated copy to the bank

[Halifax Hater]

Hi Peter534,

I too had extra charges applied subsequent to my initial claim. Just revise the figure to include them when you complete the moneyclaim form. Also use the Excel spreadsheet in the templates library to calculate all the interest that would have accrued on your money if it hadn't been taken from you.

Good Luck and enjoy the money when you get it back! - Halifax Hater

[peter534]

Thankyou, will do.

[peter534]

Recieved my first offer yesterday, my claim is for £2033 and they wrote offering me £440. Called them to say that i would accept it as partial payment, but was told that they would only pay the money if i accepted it a full and final payment. I obviously said NO! I was then offered £856 as full and final payment if i settled there and then. Again I said no and was told that they were going to amend their records to show that i had rejected their offer. I informed them that they only had until today before i started court procedings.

If they had their heads screwed on they could have just saved themselves £120 in court fees and £216.76 in interest. Oh and 45p a day until they pay up. If i had a business and had staff that lost me so much money I would not be happy. However I am happy because i have just become over £200 richer just for waiting a couple more days.

[peter534]

Have just completed the form on moneyclaim. Seemed straight forward enough. In the particulars of claim column i wrote the following:

The claimant is claiming a refund for all charges imposed on them by the Halifax Plc since 01st January 2003. The charges total £2033.00. The reason these charges are being claimed back, is due to the claimant becoming aware that the charges that had been applied to him were unlawful. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from the date that each individual charge was applied, to 21st September 2006, of £216.76 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.45.

Obviously if this was the wrong way of putting it, its too late now but could somebody just settle my nerves and confirm that IT WILL DO!

Also i have now obviously changed the amount to include interest. Do i just send the Halifax a letter with an updated schedule of charges table?

Should the court have a copy of the schedule of charges?

[peter534]

Cna anybody help?

[peter534]

Just checked moneyclaim online and my claim has now been issued. The Halifax now have 14 days in which to enter a defence. Guess its just a matter of checking my account from now on!

When i filled out my moneyclaim form online, I never supplied them with a schedule of charges. Should I do this by post, or does it not matter?

[DazNorthants]

I did - Some don't. I think they only bin it anyway. They alway know them.

[peter534]

Sorry, i might be being thick, but i didn't understand that!

[peter534]

I WON I WON!

I RECIEVED A LETTER TODAY (28/9) TO SAY THAT WITHOUT ADMISSION OF LIABILITY, HALIFAX IS WILLING TO REIMBURSE £2249.76 IN RESPECT OF THE BANK CHARGES INCURRED, AND APPROXIMATE INTEREST. (WHICH WAS £216.86). THE HALIFAX WILL ALSO REIMBURSE £120.00 IN RESPECT OF THE COURT FEE. THIS AMOUNTS TO £2369.76 WHICH WILL BE CREDITED TO MY ACCOUNT NUMBER WITHIN THE NEXT 5 WORKING DAYS.

Thankyou to all at Consumer Action Group, donation on its way soon!

Just one last question, what do i do about MCOL now. Is there a process that i have to follow to let them know that the claim has been settled. The Halifax said in their letter that they would write to the court telling them and could i do the same. What do i do?

Thanks again.. Oh! can a site administrator change the name of this thread to I won or something similar and change where it belongs. Thankyou.. Im off to fill out the survey.

[caro]

Congratulations Peter. There is a MCOL hotline number on their site so give them a ring and see what you need to do.

I don't know if your details were ever put in Litigation in Progress but it would be great if you could pm me or one of the other mods and we will gladly put it in Litigation Concluded. We need the claim number, amount, date claimed and date settled.

[Niklowe]

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