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.
Ok I think I'm doing this right and that I have found the correct part of the forums!
Sent my letter (the first one requesting details of charges) and now just have to wait for the 40 days for the statements to arrive.
I'm a bit scared, it seems too good to be true that I may actually be able to claim this back, so I just know that they'll drag it out all the way to court, which is scary!
I am claiming for my husband's account for the last 5 years, and our joint account for the last year.
We are both only 24, with a little boy aged 2 and a little girl (apparently!) due in March. My husband works as a Computer Programmer, and I stay at home with our son, whilst studying a degree with the Open University, so as you can imagine, the cash would come in very handy, and these charges have left us almost destitute a good few times.
So, two questions:
1: Do I claim for both the accounts separately? (I sent two DPA letters off, one for each) and
2:The spreadsheets to help me work out what I claim for seem sooo complicated. Will it start to make sense? Maths was never my strong point!
I think it would probably be easier to do the two claims separately.
The spreadsheet is surprisingly simple to use. Just fill in the date of the charge, the description (usually Charges as Notified with the Halifax) and the amount of the charge. It will automatically calculate the 8% interest on there for you, but you don't claim this unless you get to the Money Claim On-Line stage, so just hide these columns when you send your preliminary request for payment and your letter before action.
You will notice there are also spreadsheets where people try and calculate the overdraft or contractual interest. It's only my opinion, but I found this far to complicated to work out, and I don't think it makes a huge difference to the claims anyway
Well yesterday I received the standard letter acknowledging receipt of my instructions. They didn't return my cheques (for the £10, like I've heard they sometimes do) but they said "we are entitled to 40 days to action your request so you will receive the information by December 27th" At least it all seems to be rolling along
Well I have sent a few emails over the last few days to chase up, and today received this response:
"I would confirm that we have your request, and although under the act we have 40 days in which to respond, I anticipate that your request will be actioned within the next few days.
Ken Patton
DSAR & IR Technical Support Manager
Policy and Development
Business Risk - Retail"
Still no sign of statements, but since we sent off our SAR they keep sending us letters asking if we want a loan!! We've had three each in the last 2 weeks!!
"Thankyou for your letter regarding specific information on your account with us. I can confirm that copies of duplicate statements have been ordered and will be sent under separate cover.
With regard to your request for information relating to manual intervention on your account, HBOS plc is under no statutory obligation to record this information and therefore, I am unable to assist further with your request.
Ken Patton, Data Protection Consultant, Business Risk - Retail."
Actually, this letter only details one of our accounts, and I have asked for details on two so here's a copy of an email sent to Ken Patton just now..
"Good Morning.
Received your letter dated 4th Dec 2006 this morning. "Completion of request for a list of transactions and charges"
This letter only details our bank account (xxxxxxxxxx) . However, we also asked for, and paid £10 to receive copies of statements from our other bank account (xxxxxxxxxx)
Please confirm that these statements will be sent out also.
Missed a trick there - you could have paid once for all the required statements. By all means claim seperately but the SAR could have been lumped together, saving time and money on your part. Simply send one letter asking for anything and everything, quoting as many account numbers as you can at that stage.
Oh well, you'll get the money back when you reach court stage and they settle.
Stand by for the postman, statement usually arrive within a day or two of Mr Pattons letter.
Be good to those who give you advice that helps - click the star below to give them your thanks by way of a reputation credit.
I've launched my CAG inspired site at http://hillards.co.cc/ for anyone who wants to know what the DCA's are really like, or what a CCA or SAR is... Lots of good reading!
IMPORTANT: Take my advice on the basis that I am expressing my opinion, based upon knowledge gained. I am not a lawyer and have no legal standing
Oh great! LOL!! Well anyways, got another letter from My Patton saying that the statements for the second account are also on their way. Apparently they will take up to 10 days. I can't wait to get them and start adding up The only time in my life that I'll be happy if I've been charged loads!
Well that was fast, statements arrived just now in the late post. The grand total, going over 2 accounts is £1814!! Now that would come in handy!! About to start work on my spreadsheets etc now to post first thing!!
If it's any help, on mine I listed all the 'charges as advised' then added any which showed 'interest debited - as advised last moth' or whatever afterwards, so I could total up the charges and then total the interest for the letter.
This is quite apart from the 8% you add later, using the spreadsheet.
Be good to those who give you advice that helps - click the star below to give them your thanks by way of a reputation credit.
I've launched my CAG inspired site at http://hillards.co.cc/ for anyone who wants to know what the DCA's are really like, or what a CCA or SAR is... Lots of good reading!
IMPORTANT: Take my advice on the basis that I am expressing my opinion, based upon knowledge gained. I am not a lawyer and have no legal standing
Well 14 days came and went - no big shock, no reply!! Sent my lba 28/12/06 recorded and then we shall see, I guess? Should I be pleased that they didn't reply or is it a bad sign?!
Well 14 days came and went - no big shock, no reply!! Sent my lba 28/12/06 recorded and then we shall see, I guess? Should I be pleased that they didn't reply or is it a bad sign?!
How are you getting on with Halifax claim? I'm with the same bank and I humming and arhing as to whether to put in a claim which I'm sure will run to over a £1000 but I'm so scared (my confidence is at zero) and I don't want to set up an MS attack with the worry but the money would be very useful. I'm in the process of changing my mortgage over to Abbey (who I could also claim against but I'll wait until my mortgage is set up and I've been with them for a while before I decide whether to do claim against this bank). I've applied to have a bank account with the Co-op over the internet and have to wait 5 days to see if they accept my application. Fingers crossed!!!!
Good luck with your claim. Let us know how you are getting on and also your impending birth.
morningpearl - first, I would suggest keeping your own story to the thread you started in March - http://www.consumeractiongroup.co.uk...k-charges.html - as this helps people follow your story. You may find that this thread is closed and moved before your own claim is settled, and you'd lose any info people post here that may be helpful. If you contact a moderator they can move it into the Halifax section for you.
Read the FAQ's and lots of other threads on here to give yourself the information you need to process a claim, it should also give you the confidence to go ahead if you know other people have had very few problems with a straightforward request for repayment of their charges.
If you have your own thread then you can ask for help and advice along the way, and will usually get it. The Hx have paid out over £1.2 million so far, don't be feeling that you're on your own - go ahead and do it!
Be good to those who give you advice that helps - click the star below to give them your thanks by way of a reputation credit.
I've launched my CAG inspired site at http://hillards.co.cc/ for anyone who wants to know what the DCA's are really like, or what a CCA or SAR is... Lots of good reading!
IMPORTANT: Take my advice on the basis that I am expressing my opinion, based upon knowledge gained. I am not a lawyer and have no legal standing
morningpearl - first, I would suggest keeping your own story to the thread you started in March - http://www.consumeractiongroup.co.uk...k-charges.html - as this helps people follow your story. You may find that this thread is closed and moved before your own claim is settled, and you'd lose any info people post here that may be helpful. If you contact a moderator they can move it into the Halifax section for you.
Read the FAQ's and lots of other threads on here to give yourself the information you need to process a claim, it should also give you the confidence to go ahead if you know other people have had very few problems with a straightforward request for repayment of their charges.
If you have your own thread then you can ask for help and advice along the way, and will usually get it. The Hx have paid out over £1.2 million so far, don't be feeling that you're on your own - go ahead and do it!
Hi Hillard thanks for your message. Have you got a name of a moderator I can contact please?
If you go to the bottom of the page and click the 'contact us' link, that should work.
They do go through the threads as well, so one may pick up on this if you don't manage to get hold of one.
Be good to those who give you advice that helps - click the star below to give them your thanks by way of a reputation credit.
I've launched my CAG inspired site at http://hillards.co.cc/ for anyone who wants to know what the DCA's are really like, or what a CCA or SAR is... Lots of good reading!
IMPORTANT: Take my advice on the basis that I am expressing my opinion, based upon knowledge gained. I am not a lawyer and have no legal standing
Well, my letter (lba, I think its called!) was delivered to them on 02/01/07, so they have 14 days as of yesterday... Am I nearing the end do you think?!
Well, my letter (lba, I think its called!) was delivered to them on 02/01/07, so they have 14 days as of yesterday... Am I nearing the end do you think?!