Lucycat v Halifax - WON!!

[Lucycat]

Hello all - first post on here but I feel like I know some of you already, having spent the last few days reading through this site and the 91 (and counting!) page thread on moneysavingexpert.com.

I'm actually doing all the legwork for my bloke, who's not the best with money and gets charged through the nose every month, a roll-over situation similar to many I've read about here which has led to him registering with CCCS. Getting any of these charges back would certainly go some way towards getting him out of debt and back on the road to financial well-being.

So wish me luck - I'll let you know how we get on!

Lucy.

P.S. Seizing the moment, a quick phone-call this afternoon meant I got my one and only late fine from October last year (MBNA for Virgin) refunded 'as a goodwill gesture' this afternoon - only £25 but better in my pocket than in theirs!

[Lucycat]

Hello all - first post on here but I feel like I know some of you already, having spent the last few days reading through this site and the 91 (and counting!) page thread on moneysavingexpert.com.

I'm actually doing all the legwork for my bloke, who's not the best with money and gets charged through the nose every month, a roll-over situation similar to many I've read about here which has led to him registering with CCCS. Getting any of these charges back would certainly go some way towards getting him out of debt and back on the road to financial well-being.

So wish me luck - I'll let you know how we get on!

Lucy.

P.S. Seizing the moment, a quick phone-call this afternoon meant I got my one and only late fine from October last year (MBNA for Virgin) refunded 'as a goodwill gesture' this afternoon - only £25 but better in my pocket than in theirs!

[BankFodder]

Thanks for letting us know. Good luck and keep us posting.
Ae you coming to the protest on the 3rd?

[BankFodder]

Thanks for letting us know. Good luck and keep us posting.
Ae you coming to the protest on the 3rd?

[Lucycat]

I genuinely wish I could but I'll be at home up North in Yorkshireland with the small daughter (bloke works abroad most of the time, hence not checking bank statements immediately they arrive - or indeed, ever...)

I'll be rooting for you all, though - if it weren't for this site and the thread on MSE, I'd have been none the wiser & Halifax could have held onto our cash for a lot longer than they will now.

Thanks for the suppport & most of all, thanks for the site.

Lucy.

[Lucycat]

I genuinely wish I could but I'll be at home up North in Yorkshireland with the small daughter (bloke works abroad most of the time, hence not checking bank statements immediately they arrive - or indeed, ever...)

I'll be rooting for you all, though - if it weren't for this site and the thread on MSE, I'd have been none the wiser & Halifax could have held onto our cash for a lot longer than they will now.

Thanks for the suppport & most of all, thanks for the site.

Lucy.

[Smila]

Hi everyone
This is the first time I have ever done anything like this! I also sent of my first letter three days ago and waiting reply. I also started doing it for my bloke who also works abroad and is C@@p with money. But I feel very liberated and have decided to do it with all my accounts over the last 6 years
I don't know if you know, but I sent a letter on 20.02 giving bank 7 days to refund or if they decide not to do so send me a list of charges. Do I contact them after 7 days or 40 days.
Sorry It's Half term and I can't think straight!

Donna37

	Statute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980. In respect of bank charges claims or PPI claims, you have 6 years to claim from the date on which you could reasonably have discovered that you should not have been paying the money. For bank charges claims you can claim as far back as 1st Jan 1995.

[Smila]

Hi everyone
This is the first time I have ever done anything like this! I also sent of my first letter three days ago and waiting reply. I also started doing it for my bloke who also works abroad and is C@@p with money. But I feel very liberated and have decided to do it with all my accounts over the last 6 years
I don't know if you know, but I sent a letter on 20.02 giving bank 7 days to refund or if they decide not to do so send me a list of charges. Do I contact them after 7 days or 40 days.
Sorry It's Half term and I can't think straight!

Donna37

	Statute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980. In respect of bank charges claims or PPI claims, you have 6 years to claim from the date on which you could reasonably have discovered that you should not have been paying the money. For bank charges claims you can claim as far back as 1st Jan 1995.

[Docubot]

Incidently, you MUST let the CCCS know what you are doing.

Payplan (the other one) get really snotty if you do not and cancel the agreement - I don't know if CCCS are the same - I hope not, they seem really nice and genuine.

[Docubot]

Incidently, you MUST let the CCCS know what you are doing.

Payplan (the other one) get really snotty if you do not and cancel the agreement - I don't know if CCCS are the same - I hope not, they seem really nice and genuine.

[Lucycat]

Hello Dave! (feels like I'm meeting a celeb!)

The Halifax charges are not included in the CCCS agreement (but they are certainly at least partly reponsible for him needing their help), but we'll certainly let them know what's going on. I'm fairly sure they'll be okay with the idea, not least because (all being well) we'll have a good chunk of change to throw at the repayment plan.

Donna, if you want to send me a private message offlist, etc, we can have a natter - I'm channeling the half-term headless chicken vibe too!

All the best,

Lucy.

(edited for nonsensical typo...)

	Find a bargain - misspellt eBay listings Search eBay for misspellt words. eBay items which are listed with typos in the title can be unnoticed by eBay buyers. Follow this link to ConsumerSniper.com and use our misspelled words search engine to find hidden eBay bargains

[Lucycat]

Hello Dave! (feels like I'm meeting a celeb!)

The Halifax charges are not included in the CCCS agreement (but they are certainly at least partly reponsible for him needing their help), but we'll certainly let them know what's going on. I'm fairly sure they'll be okay with the idea, not least because (all being well) we'll have a good chunk of change to throw at the repayment plan.

Donna, if you want to send me a private message offlist, etc, we can have a natter - I'm channeling the half-term headless chicken vibe too!

All the best,

Lucy.

(edited for nonsensical typo...)

	Find a bargain - misspellt eBay listings Search eBay for misspellt words. eBay items which are listed with typos in the title can be unnoticed by eBay buyers. Follow this link to ConsumerSniper.com and use our misspelled words search engine to find hidden eBay bargains

[Lucycat]

Hello all!

I posted back at the end of Feb to say I was going to be doing the leg-work for my bloke regarding extortionate charges added to his Halifax account over a two year period (£3976-worth) - it's brilliant to see there have been so many successful cases since then!

It took nearly three months to get them just to send duplicate statements through - apparently they were 'lost in the post' on two occasions, in spite of finally arriving in about twenty separate envelopes. Hope we were just spectacularly unlucky and that's not the shape of things to come.

Anyway, the ball's well & truly rolling now - prelim letter went off by recorded delivery last week & I received the standard 'we'll get back to you one day...' response this morning.

Everything else is already printed out and ready to roll, so the clock is (finally!) ticking... :O)

Lucy.

[pford]

best of look with your claim

[Lucycat]

Thanks for that!

Haven't heard anything back since the initial form response, so my LBA went off on Wednesday to arrive yesterday...ooh, I am enjoying calling the shots for once! :O)

Lucy.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[Tinkerbelle]

It's a good feeling isn't it

Good luck with your claim and remember to stick to your timetable.

[Lucycat]

Thanks Tinkerbell!

Well, I can't quite believe it, but I had a letter back with a 'full & final' offer through today, of £1050. I've every intention of proceeding (after all, the full amount inc. interest is going to be £4000+), but am over the moon that just two letters sent recorded delivery over a few weeks can provoke such an immediate response.

Any pointers as to how to proceed from here on out? From memory (would double-check this before ploughing ahead, of course!) the thing to do would be to accept this as a 'partial settlement', but confirm we will be going ahead with court action to reclaim the rest - am I on the right track here?

Many thanks for the support so far - it's been brilliant! :O)

Lucy.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! - a nice little earner for your bank. Follow this link to see the discussions on this. You might even double the size of your claim.

[Lucycat]

Funnily enough, the day after I posted the above message we had two more letters through - one informing me they were sorry but they would not be refunding any charges (dated the 29/8, the day before the 'goodwill offer' was sent out), and another letting me know they had been unable to collect the direct debit payment for the mortgage out of the account this month.

Hardly surprising really, as the DD was cancelled and I've been paying it over the counter since we started the ball rolling on this back in February...

It's strangely comforting knowing they're the ones doing the mad scrambling for once. ;O)

Lucy.

	The Direct Debit Guarantee • The Guarantee is offered by all Banks and Building Societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by your own Bank or Building Society. • If the amounts to be paid or the payment dates change, we will notify you three working days in advance of your account being debited or as otherwise agreed. • If an error is made by us or by your Bank or Building Society, you are guaranteed a full and immediate refund from your branch of the amount paid. • You can cancel a Direct Debit at any time by writing your Bank or Building Society. Please also send a copy of your letter to us. This is a term of your banking contract and you can sue on it.

[Lucycat]

Well, I've finally submitted to Money Claim online - took much longer than it should have done as I was logged out twice & lost all my carefully-honed legalese (1080 characters took *ages*, then came unstuck again on the under 24 lines!)

Many thanks to all who have posted theirs on here - the template in the library was great but it was extremely helpful to be able to see & crib from what people had actually been submitting!

So in the same spirit here's what I sent through:

I have a contract with the defendant for a/c *********, roll number ******** since 2003 conducted on their standard terms and conditions. I contend that charges debited to the account since 2003 are punitive in nature and are not a genuine pre-estimate of cost incurred due to any breaches of contract but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. Accordingly I claim: The return of the amounts debited in respect of charges in the sum of £3976.00; Court costs; The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 17/03/2004 to 06/09/2006 of £380.33 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.87.

I know it's too late to change it now, but any and all feedback would be gratefully received! :O)

Lucy.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! - a nice little earner for your bank. Follow this link to see the discussions on this. You might even double the size of your claim.

[Lucycat]

Just checked Money Claim online, and claim was issued yesterday (7/9/06), so Halifax now have 14 days to acknowledge. Woo-hoo!

Lucy.

Edit to add: Also got the hard copy 'Notice of Issue' through the post this morning - apparently my claim form will be deemed served by the 12th, so that actually means Halifax have until the 26th Sept. to acknowledge. Still, the clock is ticking!