Thread: Madfairy V's Halifax Visa and Default Removal

Hey everyone! I'm back again!

I am in the process of reclaiming bank charges of £440.00, I have already done my Prelim and lba and have received 3 offers .... the first being £220.00, the second being £220.00 plus 8% interest (not sure what they're thinking there!), and the final one was £440.00 with no interest being included. I have declined these offers and have advised them that I am pursuing the full amount of the claim and the default removal.

I am going to submit MCOL tomorrow, so will keep you posted!

I'm a bit stuck when it comes to the default removal, so any help would be much appreciated! I know there was a gentleman on here that was also pursuing this, but I haven't been able to find his thread. Can anyone tell me if they have managed to have a default removed?

Thanks

Madfairy

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Hi
Sorry but I cant help with the default removal; re the offers Halifax have made, if they offer the full amount of £440 I think you are obliged to accept it. The 8% can only be added if they dont offer the full amount and it goes to court stage.

I'm in the same situation as youself as about to submit MCOL today but just called customer relations today and waiting for a call back. You can only add the 8% interest once u have submitted MCOL NOT BEFORE. Mine is for £490.00.

Ah now you see thats what I was thinking ... did I have to accept the £440.00 as that is the amount of the charges. But I think, I'm not positive, that for credit cards, you are entitled to claim the contractual interest before MCOL stage, so therefore they haven't offered the full amount of my claim. This is what I'm banking on. I don't want to accept anything from them as my initial requests have included my default removal, so if I agree to accept anything, then I may loose the right to that? Hmmm confusing!

Hey Star ... the way I've done it is, I've got £440.00 in charges, I then calculated the contractual interest at the rate of 18.9% as illustrated on their statements .... I used the spreadsheets to do this in the library ..... And in my prelim and lba stated what I was claiming, which is charges, plus contractual interest. Then when I file with MCOL there is also the statutory 8% interest due aswell.

Are you pursuing default removal aswell or is just the charge reclaiming?

You cant claim contractual AND the 8% its one or the other, i wouldnt gamble the mistake for the court to throw out your claim.. I guess you need to post a mod or site helper for the correct advice..

Did you get a phone number for chasing up your SAR request initially? im still waiting for my statements for the visa cards, but already went through this process for bank account charges.

Hey Eggopop .... I actually just called them directly and asked for my statements, they told me they'd had loads of requests reecently and that they would send them out and there would be no charge. I got them within a week! If they're stalling, I'd just call them and give them a little nudge.

I've had another offer from them today, all my charges plus my interest, so I figure I have to accept this one as it's full payment, still it saves me going through the MCOL stuff.

Anyway keep me informed on whats happening with your claim!

I'll let you know if I get the payout

I think there maybe a mixup in thoughts re interest. If you have been charged lets say £ 30.00 overlimit in 2004 and you have been charged 18.6% per year then you should be able to charge that bit of interest back as well as the £ 30.00. Then when you file the court case this is where the 8% interest comes in. It is charged annually from the date of filing. Hope this helps. With regards to Default removal. I might have been the one mentioning it. So far I have not managed yet but RBOS is the only bank which did defaults on all my credit cards. Unfortunately I had settled on three cards before I realised that the default was not removed and they refuse to do it. I have one more case in the works and I will put it on my court papers that part of the deal is to remove ALL my defaults or I will force them to go to court I have no time fir a bank like RBOS!!!