Mechs and Wife V The Halifax **WON**

[mechs]

Hi Gang just another update we have today recieved our credit card statements and they have listed late payment fees of £345 and overlimit fees of £260 can we claim both back does anyone know please or just the late payment fee

both as far as i know, how much are the items for? (I mean is it £30 per charge or £20 ect...)

[mechs]

both were £20 and £25 depending how far back you went with the statements (weve had the account since 2003)

yep claim away...but i didnt need to tell you that, you alredy knew it huh!

[mechs]

Awww thanks Lueeze well you know what they say I just want to be sure of things before I put my neck in the noose LOL

The missess will be happy thats £600 quid she can help spend LOL
sorry wifey hahahaha

[Movingon]

By the way; the following passage from the Data Protection Act should be informative regarding their refusal to disclose manual intervention data:

Originally Posted by Data Protection Act 1998

7. - (1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled-

(c) to have communicated to him in an intelligible form-

(i) the information constituting any personal data of which that individual is the data subject, and

(ii) any information available to the data controller as to the source of those data, and

(d) where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.

So - basically if they are making decisions significantly affecting you, then they ARE REQUIRED to produce evidence of their logic for each and every decision. i.e. they must provide you with details of every manual intervention.

[mechs]

Today recieved 14 envelopes with our statements going back over the last four years (wonder how many of you others had them delivered in the same way instead of one big envelope) the charges amounted to approximately £!700 will have to recheck them later..........roll on pay day

[mechs]

This Friday we're doing the moneyclaim to get our money returned. As this is a joint account can I just confirm that we do the N1 claim form and take it to our local court rather than doing it online at moneyclaim?

I'm sure this is the case and though not at all worried about going to court its better to be safe than sorry and not have something unexpectedly grab you!

mechs

[Janet-M]

Take 3 copies of each document as well. I personally prefer court to moneyline as I found it much quicker and was told there and then what I needed , steps etc.
If you are entitled to get the fee waivered take a recent letter from DSS , as in past 3 months .

[mechs]

Originally Posted by mjanet

Take 3 copies of each document as well.

Thank you very much for that bit of info mjanet! We were only going to take a duplicate set!!

The hand that grabs ain't got us yet!

[mechs]

Originally Posted by mjanet

Take 3 copies of each document as well.

mJanet, just checking is the following ok?

Copies of our emails to Halifax x 3
Copies of Halifax response x 3
Copies of N1 Claim forms x 3
Copies of spreadsheet x 3

mechs

[Janet-M]

NO
3 x copies of N1
3 X copies of schedule of charges

court require 1 to send defendent 1 for their files 1 to send back to you.

you do not have to provide evidence at this point.

[mechs]

Thank you once again mJanet xxxxxxxxxxxxxx

mechs
awwwww

You must spread some Reputation around before giving it to mjanet again.

[Janet-M]

awwwwwwwww but Thank you for trying anyway

[mechs]

:o Yikkes!!! Nerves just kicking in so I just want to double-double check that I have details correct before I print out the N1 Claim form!

Page 1
Claimant
Mr Mechs (full name added)
Mrs Mechs (full name added)
Address

Defendant
Halifax plc
Trinity Road
Halifax
West Yorkshire
HX1 2RG

Brief details of claim

Unlawful Bank charges

Value
£

Page 2

Particulars of claim

The Claimant seeks:

A) The return of £ taken from the claimant in unlawful charges.

1. The Claimant has xxxxxxxxxxx our account number ("The Account") with the Defendant which was opened on or around xx/xx/xxxx, Numbers.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches on contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges in unenforceable by virtue of the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) The return of the amounts debited in respect of charges in the sum of £ and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

Statement of Truth
Mr Mech and Mrs Mechs (full names added)

END

(the sum £ includes the Interest 8% APR)

We're filing at court after 10 a.m. this morning

Can I also include our Halifax credit card charges or should this be on a separate claim form?

[Janet-M]

Page 1
Claimant
Mr Mechs (full name added)
Mrs Mechs (full name added)
Address

Defendant
I would change this to your local branch where your acc