:grin: 8) WON WON WON WON !!!!!!! Just won back nearly £2500 back from the Halifax. Money goes in sometime in the next couple of days - better tell the wife in case it goes back out again just as quickly! I have a number of tasks with this dosh including a family holiday to Florida next year and a donation back to CAG - show me how and where the survey is please someone. I toyed with the idea of going for contractual interest and pre-6 year rule and even argued both points politely to them but they wouldn't budge as per normal. I could have held out for contractual/court hearing to get over double this amount but let's face it if contractual rules ever do apply I can always revisit them and ask for that at a later time. Speaking of which, don't the Hali run Bank of Scotland too? I have one of their god-awful Preference accounts which I think I'll check if anyone's claimed against and start the ball rolling then. I've already switched accounts so once the money's in I'm closing it forever. MANY THANKS TO ALL FOR YOUR HELPFUL ADVICE - TOO NUMEROUS TO MENTION - SOME ARE ON THIS STRING AND OTHERS ARE STRINGS I'VE MERELY READ AND DIGESTED. PLEASE CAN THE MODERATOR CHANGE THE TITLE THREAD TO **WON** AND MOVE THREAD TO THE SUCCESS LIST. MARTIN LEWIS DESERVES A MENTION - IF IT WASN'T FOR HIM CHAMPIONING THE CAUSES OF THE MAN/WOMAN ON THE STREET VIA RADIO2 AND HIS SITE THEN I AND OTHERS WOULDN'T HAVE DREAMED THAT THIS WAS POSSIBLE. Technique Vs Halifax PLC Amount won: £2409.54 including £250 Court Costs Ball set rolling on 3rd Sept 06 Statements received 12th Oct 06 LBA sent 19th Oct 06 Fob-off attempt on the phone by Hali on 31st Oct 06 Partial refund offered of £579 on 2nd Nov 06 - Rejected MCOL claim for £5491 on 12th Nov 06 Intention to defend received on 22nd Nov 06 Phonecall from Hali on 1st Dec offering £2409.54, with Hali claiming 8% interest was all that could be claimed once gone to court. Missed this call as I was at work. Phonecall to Hali to discuss the 8% on 6th Dec but they wouldn't budge Thought long and hard about fighting for contractual interest but decided to accept their full refund plus 8% and court costs of £2409.54 on 6th Dec 06 Completed Bank Refund Survey on this site on 6th Dec 06 Will donate when monies in the bank

Still in two minds whether to go down the contractual interest route or not - I'm ringing them later today. The bit playing on my mind now is that my claim is over 5 grand by about 600 quid. If I tell them that I want to go down the contractual interst route, will this mean that if I go to court I run more chance of losing and having to pay than if it were in the small claims court/under 5K? Or, are the bank likely to fold before court irrespective of whether it's a county court rather than small claims court?

Many many thanks for all the advice and support. I'm in two minds really and I guess I'll have to decide based on what they say when I call tomorrow. Two and a half grand is certainly better than nothing, and I certainly couldn't be accused of being greedy in asking for more - I just think that as the corporate giants have had their monies worth (and then some) that the 'and then some' should be due back.I may get the same flattery and flannel without much result and then as I say I can decide whether to say 'screw em' and go for all. I doubt I'll loose anything by at least making them hear my arguements for the full and I might not loose anything by opting to decline half.I'll let you know.Either way, I'm almost home with this one.

Congratulations - well done! Just checking, did you claim statutory or contractual interest? Halifax are telling me I cannot claim contractual although there are arguments elsewhere suggesting I can. Just checking as I too have had the 'you cannot claim more than 6 years' flannel in with the same telephone call and I'm looking to get the most out of them as I can.

Congratulations - well done! Just a quick question, as I've asked others on the forums - did you claim statutory 8% interest or contractual? There are arguments made (and very good ones) that contractual can be claimed so I just wanted to check with someone who'd won their money back from the Halifax as they're telling me I cannot claim statutory.

Fantastic, well done. Just a quick question that I've posted on other threads too - did you claim statutory interest at 8% or contractual interest i.e. what they had charged you? Reason I ask is Halifax is saying I can only claim statutory not contractual and there's misleading info on this forum/it's not clear which can be claimed although there is an arguement for contractual. Thanks

Dunno if it helps but Halifax used to charge £5 to stop a cheque (now it's about £7). I had one at £7 and it was 'charges as notified' on the statement rather than 'stopped cheque' which would have made it easier to identify. If that is the case then you probably won't be able to claim them back as it's a service and usually they tell you on the phone/over the counter their cheque stopping charge before they continue. However you'll probably remember whether you were in the habbit of stopping cheques regularly - probably not. They need to confirm what it's about but be prepared for them to come up with new ways of not telling i.e. 'our records don't go back that far' etc.

Sorry to sound dense but what's the AQ? I cannot see it on this page.

Thanks for your recent advice on this. The above is a previous comment you'd made when I was filing my claim with the courts and calling their bluff may be the way to go as they're claiming I cannot ask for contractual interest. Have you gone down this route/had it happen to you? If so, what was the outcome? Thanks

Hi,My bank - Hali - is saying that I cannot claim contractual interest (in their case 29.8%) but only the 8% county court rate. I've submitted my MCOL claim and the claim has gone ahead - however the particulars of my claim was for contractual not 8% interest. I take your comments on board that it should be more than reasonable to suggest the contractual rate of interest as that is what they'd charged/made from me in the first place. However, now that it's in the hands of the courts is the bank correct that I can only claim 8%? If so, I'll be down half the claim amount. Plus my claim went over £5K by about £400 (minus court costs) so over by about £650. So with it being over £5K then how does that work? I also don't think I've quoted the implied term in my claim, all I've said is that I've claiming contractual interest - is that enough or have they got me on the ropes?

Thanks to JonCriss who's supplied me the limitations act. A question now relating to the above quote - 'banks might argue that contractual interest cannot be claimed'. The Hali are suggesting that to me right now, and that the 29.8% I've claimed based on their cardcash account interest rates is not right and that I can only claim 8%. I cannot recall though whether it's their published 29.8% that acts as the contractual interest or whether it's the 8% they're on about that is the contractual bit. If the 29.8% is their contractual, and therefore they're arguing it cannot be claimed, what can be done/what's the response back from the claimant? My bank's said they will contest in court if I don't agree but this halves the amount I've claimed for if I do. It's also why I've queried the 6 year rule cos if I've got my interest rate wrong then the more I can get off the b*stards the better for my family.

any advice on this would be most appreciated. I'm to contact them soon to say whether I agree or not. In the meantime I've read elsewhere on the forum that the Hali often deny people can claim contractual interest. I assume this is the 29.8% that I've claimed. Looks like this is a scare tactic on their part but just wanted it clarified that I am in the right to claim the 29.8% and not the 8% they say I'm entitled to by someone who knows these things. Thanks

Thanks Glenn. If I'm confronted by them as to what Sec32.1.b and 32.1.c are, then is this info published in this forum or this particular thread? What I don't want is for them then to say "and what is that when it's at home?" or that they know what the limitations act is but I don't know myself. Thanks for your advice.-

The statements I got from the Halifax went back to Dec 99. They've said today that they won't pay the couple of charges before Sep 00 because that's more than 6 years ago. Works out to be about £220