Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default West V Halifax ***SETTLED IN FULL***

    Hiya I have only just registered here, have been having a good look around though, I am hoping I can claim my charges back, over the last 3 or 4 years since I gave up work to look after my two young sons, I have found it increasingly difficult to get money into my account on time to pay direct debits etc.... The charges I am incurring for these have made matters worse as if it wasn't for the charges I would have been able to get my account in order but as fast as I am putting money in my account to cover direct debits it is getting taken back out to cover charges, therfore I get charged again as the money is no longer there to cover direct debiticon. Does anyone think I have a case, I have looked at my online banking over the last 20 months or so as that is as far as they go back on there and the total charges for that is over £2000.00.

    If you think I should go ahead with a claim am I right in thinking I need to send them the letter headed:
    Data Protection Act 1998
    Subject access requesticon

    Am I right in thinking this is the first letter I send to request a statement of charges made to my account.

    If so do I need to alter it in any way other than adding my bank detail etc... for instance it doesn't say on there that I want the last 6 yearsicon of charges.

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  2. #2
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    Default Re: Can anyone help me with a claim?

    Hi and welcome, yes thats the right letter! it should say on there about the 6yrs if not just put it in! ok?

    I QUESTION THEREFORE I AM!!

    Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!


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  3. #3
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    Default Re: Can anyone help me with a claim?

    Quote Originally Posted by west
    Does anyone think I have a case, I have looked at my online banking over the last 20 months or so as that is as far as they go back on there and the total charges for that is over £2000.00.
    Yes, you can claim it all back
    Quote Originally Posted by west

    If you think I should go ahead with a claim am I right in thinking I need to send them the letter headed:
    Data Protection Act 1998
    Subject access requesticon
    Correct, don't forget to include the £10 fee

    Quote Originally Posted by west
    Am I right in thinking this is the first letter I send to request a statement of charges made to my account.
    Yes
    Quote Originally Posted by west
    If so do I need to alter it in any way other than adding my bank detail etc... for instance it doesn't say on there that I want the last 6 yearsicon of charges.
    No, the Data Protection Act requires the bank to supply information from the opening of your account


  4. #4
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    Default Re: Can anyone help me with a claim?

    That is great, thanks for the information. One other thing, sorry to be a pain, I have been looking for the address to send this to, the bank in question is Halifaxicon, I have looked in the halifax thread and there are a number of different addresses, can anyone help with which address I need to send this DPA letter to.


  5. #5
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    Default Re: Can anyone help me with a claim?

    I think I have the right one

    HBOSicon PLC
    Trinity Road
    Halifax
    HX1 2RG

    Has anyone else used this address for the Halifax?


  6. #6
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    Default Re: Can anyone help me with a claim?

    Quote Originally Posted by west
    I think I have the right one

    HBOSicon PLC
    Trinity Road
    Halifax
    HX1 2RG

    Has anyone else used this address for the Halifax?
    Yes thats the one .....also put your claim in the halifax thread so you can find it easier when the time comes to update it

    Go on ... you know you want to click me
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    In progress: Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06
    Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

  7. #7
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    Default Re: Can anyone help me with a claim?

    Hiya can anybody help me with what to do next, I have today received all my backlog of bank statement which I have highlighted all my charges over the last 6 yearsicon, I have seen somewhere on here people talking about entering all these into an interesticon calculator and something about to begin with do not enter the interest amount????? Can someone tell me if this is correct and if so where I can find the interest calculator (I have found a spreadsheet of somesort but not sure if it is what I need [/http://www.bankactiongroup.helpw ithmypc.com/resources/BankCharges.xls )



    I have found the prelim letter I think, Letter - Preliminary approach for repayment.

    I would really appreciate anybodys help, and I am really sorry to be a pain.


  8. #8
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    Default Re: Can anyone help me with a claim?

    The spreadsheet you have found is for the 8% interest which you claim at court.

    There are 2 instances of interest you can claim:

    1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

    However, if part of your overdrafticon is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

    Vampiress has a spreadsheet, (the 2nd one), in the bank templates libraryicon, which attempts to calculate this

    It's quite complex and unless your claim is large often doesn't amount to that much, so for simplicity's sake, some people don't bother

    This is the interest referred to in the preliminary and lbaicon letters.
    Look here:
    http://www.bankactiongroup.co.uk/TEMPLATE.xls

    2. 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before.moneyclaim


  9. #9
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    Default Re: Can anyone help me with a claim?

    Ok, thank you for that, well in my case my claim is going to be for about £3,350.00 roughly (havn't worked it out exactly yet). I will probably not worry too much with the interest on overdrafticon as I wouldn't have a clue where to start with that!! So should I now just add up the correct amount of charges and send the prelim letter with this amount on, or should I be doing something else too.


  10. #10
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    Default Re: Can anyone help me with a claim?

    Quote Originally Posted by west
    So should I now just add up the correct amount of charges and send the prelim letter with this amount on,
    Yes, but delete the reference to the overdrafticon interest on your charges and enclose a schedule of charges: type of charge, date, amount.


  11. #11
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    Default Re: Can anyone help me with a claim?

    Ok, sorry if I am sounding really dumb here, by enclosing a schedule of charges do you mean I should list each one out to them, if so on my statements it doesn't tell me what exactly each one was for it just says 'charges as notified' I have the amounts and dates although the amounts are sometimes grouped together if I ended up with two or three charges on one day, for instance it says 'charges as notified £90.00' this is infact 3 charges of £30.00 Hope this is all making sense.


  12. #12
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    Default Re: Can anyone help me with a claim?

    Make the list and just put Charges as notified, date, amount


  13. #13
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    Default Re: Can anyone help me with a claim?

    Ok, that is great. Thanks for all your help.


  14. #14
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    Default West V Halifax

    Firstly I would like to thank those who have helped me get my claim on it's way, I was completely baffled when I started but I am finally getting there.

    I thought I would start this thread so myself and others can track my progress.

    I have today prepared my prelim letter claiming £3,348.00 and enclosed a schedule of charges, which I will send tomorrow.

    Can I just ask once I send my letter tomorrow claiming the charges, I give them 14 days to reply to me and if they do not reply I then send them a letter before actionicon???


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    Default Re: West V Halifax

    Correctamundo !


  16. #16
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    Default Re: West V Halifax

    Thank you, I will keep this post updated then.


  17. #17
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    Default Re: Can anyone help me with a claim?

    Quote Originally Posted by cillitbanger
    Hi and welcome, yes thats the right letter! it should say on there about the 6yrs if not just put it in! ok?
    Why limit the DPA request to 6 yearsicon? Get all the information. She may want to put a s32 Limitation Act claim in later on.


  18. #18
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    Default Re: West V Halifax

    Hiya well the 14 days will be up on friday since I sent my prelim letter and so far have heard nothing, I sent it via recorded delivery and today I have been onto royal mail website and according to that there is no information to say it has been delivered. So I called royal mail and the person I spoke to said the same that there is no record of it being delivered but then addeded that doesn't mean they haven't received it as businesses do not always sign for their mai. So what should I do, I don't REALLY!!! want to call the Halifaxicon as I would rather comunicate with them via letter as if they start discussing my claim with me on the phone I will end up getting all tongue tied. Any suggestions would be appreciated. I know the 14 days are not quite up yet But it is getting very close.


  19. #19
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    Default 14 days nearly up - HELP!!

    Someone has suggested that I send another letter enclosing a copy of the first one and give them an extra 7 days as a gesture of goodwillicon, what do you think??


  20. #20
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    Default 14 days nearly up - HELP!!!

    Hiya well the 14 days will be up on friday since I sent my prelim letter and so far have heard nothing, I sent it via recorded delivery and today I have been onto royal mail website and according to that there is no information to say it has been delivered. So I called royal mail and the person I spoke to said the same that there is no record of it being delivered but then addeded that doesn't mean they haven't received it as businesses do not always sign for their mai. So what should I do, I don't REALLY!!! want to call the Halifaxicon as I would rather comunicate with them via letter as if they start discussing my claim with me on the phone I will end up getting all tongue tied. Any suggestions would be appreciated. I know the 14 days are not quite up yet But it is getting very close.

    Someone has suggested to me that I send another letter with a copy of the first and then give them another 7 days as a goodwill gestureicon.

    What does anyone think??



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE