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.
I may not be the best at organising my finances regarding bank charges , but luckily my wife has kept all our statements so do i have to ask for them again or do the preliminary letter requesting they pay us back.
We have calculated that over the 6 year period we have gone back to (can go back further but not sure)we have being charged £4671 do I just put this in the letter or do I have to use the spreadsheet as I have downloaded it but cannot get my computer to open it any ideas greatly appreciated.
You dont really need anything regarding the dpa letter, just send your prelim letter along with a list of charges.
You can write these out by hand if need be (and make copies) thats what i did.
Just put date, what charge was for, and amount and total it all up so they can see what you are claiming ok? good luck!
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!
I'm not sure where or not you have to have microsoft excel already on your computer it would be in microsoft office.It would be a lot easyer as when it comes to doing the 8% its calculated at a daily rate *the number of days since the charge was made up to present day.And will continue to automaticaly do so until you enter your claim to court.Regards Nigel
But like cillitbanger says its not essential but it is a great help.Regards Nigel
HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.
N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07
Halifax Visa 1.Paid in full Halifax Classic.Paid in full.
LBA sent 14-05-07,GMAC prelim sent 24/04/07
Data Protection Act for halifax mortgage 16/09/06.
After calculating our bank charges over a six year period payed out £5107,
We realised after careful checking we were still short of 32 statements should I request these and go for the throat or should I explain that I will be happy to settle for this as my show of a good will gesture.Any ideas or comments welcome
It's your money, your claim, up to you, but are you really that well off that you can afford to let it go?
There is no "goodwill gesture". They pay out because they took your money unlawfully, make no mistake about it. So why should you offer them a goodwill gesture? Any reason? They took your money for years with no right to do so!
32 statements, that could stil be a lot of money there. It if were me, I would make sure I get every penny.
Apologies to people who I was in the process of helping, I may be gone some time.
I was missing a few months from one year too. I called ages ago & they have never shown up...sounds like your claim is allot bigger, so if you think its worth the extra ££ than go for it
Halifax Bank Account.. Sent 1st letter, to calim ££ on 08.09.06 - Recorded Delivery. LBA Sent on 22.09.06, Moneyclaim form sent on 10.09.06
Halifax Visa Account.. Sent 1st letter to claim ££ on 08.09.06 - Recorded Delivery - Recieved a letter on 21st September to say full amount will be refunded -- £240.00-
Argos Card Account.. Pending. Egg Card - Pending
DESPIT MY ATTEMPTS TO DONATE TO THIS SITE I DO NOT HAVE A PAY PAL ACCOUNT - JUST TO LET YOU KNOW I HAVE TRIED !
I have followed the first round advice and submitted my letter to claim back my bank charges.
I have now recieved a letter back offering me £1860 as final settlement against a debt we thought was £5869 ,but the Halifax have said our bank charges over the last 6 years was £8112 filling in the blanks of our missing statements.
Now what my wife wants to do is to take the money offered as she feels we will not get any further offers what do I do . stick it out and follow the next procedure or take the money .
originally we were only claiming for £5869, Help please.
I have followed the first round advice and submitted my letter to claim back my bank charges.
I have now recieved a letter back offering me £1860 as final settlement against a debt we thought was £5869 ,but the Halifax have said our bank charges over the last 6 years was £8112 filling in the blanks of our missing statements.
Now what my wife wants to do is to take the money offered as she feels we will not get any further offers what do I do . stick it out and follow the next procedure or take the money .
originally we were only claiming for £5869, Help please.
Stick it out you will get the FULL amount. Accept the cash as a part settlement. inform them you are seeking the balance.
You'll probably get a letter back when you reject their offer, saying that they won't be refunding anything - don't worry about this (and tell your wife not to either!), and proceed to MCOL when their time is up. They will refund it all.
Thanks for your comments so far they are all greatly appreciated , but do I go for the original claim of £5869 which we had calculated using our statements. Or do we go for the £8112 that the Halifax have said that we incurred over a six year period they actually filled in the blanks for free.:idea:
Is accepting their first offer and saying i will take it as part payment going to affect my chances of claiming the rest.And do I say in a letter if I do claim that the amount offered is for part payment and i am applying to Mcol to redeem the rest and 8% intrest charges.
The LBA is the letter before action, so you send your preliminary request for the charges, with a copy of your schedule and give them 14 days to respond. If they haven't responded, you then send this letter, your LBA. This says you will give them another 14 days to respond and if not you will take action. The taking action bit is then you do the Money Claim On Line bit.
Accepting their offer won't affect your charges of getting the rest, that is what most people in the sucessful claims thread seem to have done anyway. If you look at the rejection of offer letter in the Templates thread, it is all pretty clear. Looks like we are at the same stage! I got an offer today, but am sending them back my rejection letter today, saying I will accept £900 of an £1800 claim, but only in part payment and I wil be pursuing the rest etc.
Hope this helps.
xoxox
Springer
Nov 06 - Halifax - SETTLED IN FULL - £2100.00
Sept 09 - Halifax Part II - Sent prelim letter & schedule £2100
Sept 09 - Abbey - Sent prelim letter & schedule £1200
Bring it on Howard, I've done it once, I'll do it again!
You will definitely get all your money back, and they send these ridiculously low offers hoping people will accept them!
Just one thing, if I remember rightly the limit for the small claims court is £5000 so you may have to look into this, and split the claims into two.
Halifax plc - £1600 WON - received
Halifax plc - £925 WON - received
Halifax plc £370.00 WON - received
Yorkshire Bank - £1290 WON - received for boyfriend
Back to sort out Credit File and get back on track!
Definitely stick with it - they would be so happy if you left it at this stage.
Morris v Halifax
Data Protection Act letter sent 20/6
Charge deducted from account 27/6
6 yrs statements received 25/8
Prelim sent 30/8 (£1014 charges + £156.11 interest).
Std reply & complaints leaflet received 5/9
Offer received £70 9/9
LBA sent 12/9
No reply to LBA - MCOL requested 26/9
Offer received 26/9 - £218.
MCOL issued 26/9, acknowledged 29/9
Offer 29/9 - full amount ex. o/draft interest
Accepted as partial
Credited to account 12/10
AQ sent for rest Morris1 v Barclaycard
Prelim letter sent 31/8 (£60 charges + interest).
Standard reply 9/9
Offer 12/9 - full amount!! Morris 2 v Barclaycard (Mrsbass!):
Data Protection Act letter sent 7/9
Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.
Prelim 20/9 £100+interest actual, +same estimated.
LBA 3/10
Partial offer £48 6/10
Thanks to everyones positive replies to my thread , the service that you guy's offer is a godsend I've decided to go for the full amount of 8k and thanks to the advice given will split it into 2 claims.
I will keep everyone posted as to what happens .
And I promise if things are resolved I will help this site in what ever way possible . We all must have faith and follow the advice given.
thanks
Just logged on again and read about zenith's girlfriends claim mine isn't far off and Now beginning to wonder when the president will be set as to who will be the first , or am I just being negative do the goverment need to set a new legalsation before we have to think of other ways to claim back these UNFAIR BANK CHARGES . remember the advice given is offered free of charge so what have we got to lose . if the ---t hits the fan I know that I will be ready thanks to this site . But we have to carry on !!!!!!!!
they've
already taken our money so what have we to lose!
Just logged on again and read about zenith's girlfriends claim mine isn't far off and Now beginning to wonder when the president will be set as to who will be the first , or am I just being negative do the goverment need to set a new legalsation before we have to think of other ways to claim back these UNFAIR BANK CHARGES . remember the advice given is offered free of charge so what have we got to lose . if the ---t hits the fan I know that I will be ready thanks to this site . But we have to carry on !!!!!!!!
they've
already taken our money so what have we to lose!
GOOD LUCK EVERYONE
I think like you, and thousands of other people, I kept waiting for them to close the loophole, but then suddenly realised there is no loophole !!!
Until they (all over chargers) suddenly wake up and realise that "Doh our charges are unlawful and it doesn't cost us £30 to not send a letter (as don't send anything in my case!!)" Then and only then will people like us not need to chase them. There's a lot of money going into the banking system All we want is for them to play fair with our money not too much to ask ?
Boobaby Please hit the scales if you think I've helped!
Please note that advice given is purely my opinion and should be treated as such. FAQ’s http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/
HSBC Claim - August 2006 £2,700 paid November 2006
Halifax Claim - August 2006 £4,100 paid December 2006
GE Capital - August 2006 - settled
Log Book Loans - August 2007 - sorted
it's not just that they need to realise their charges are unfair, it's the way they can completely destroy peoples lives and not so much as blink, families doing without food, people losing their homes, their sanity and even saadly, their lives. All because the banks have the power to give their charges priority.
Well I. like many, have had enough, if we can force them to drop their charges and even the way they can take them, then we've won, even if it does stop us claiming them back.