Hi folks, i am a newbie to this forum, but have spent the last few nights researching all the information available to me on the net, and have started the ball rolling.

Prior to finding this site, I initially called the bank (0845)7203040 then pressing 5 got me through to an agent, I asked if they would be willing to refund any charges applied to my account as a gesture of goodwill, they explained 'NO' as they were set out in the t&c of my account.

I have online banking, but the accounts only go back to Sep 2005, so i telephoned the same number, and asked politely if i could receive copies of statements dating back to March 2000 for tax purposes (lol......i know its a lie....but a white one......and whats good for the goose etc....)The lady said that it wouldn't be a problem, but there would be a £5 charge for this. I ensured that it was a one off charge, and not for each statement, which she assured me it was. £5 has been taken from my account today, and my statements should arrive within 5/7 working days

After this telephone call, i sat down to online banking, and discovered that since sept 2005 i have been charged nearly £400 in charges in 8 months. (Cant wait to find out how much over 6 years !)

So now i am awaiting the delivery of numerous envelopes, so i can work out the total.

Since i am in Scotland i believe the limit for small claims court is £1500. What do i do if the amount is over this ? Can anyone help ?

After reading all he info, i

Presumably it is a Scottish account so the limit is £750.

Claim in chunks

I have just ring the Halifax online number and asked for all statements +charges since 2002 and was told these would be posted to us on Monday at no charge!!! I told them that they were required for a child maintenance case.

Presumably it is a Scottish account so the limit is £750.

Claim in chunks

Hi this is my first post, so many apologies if this is a daft question already covered elsewhere. I am just wondering if my account is in Scotland (BoS) but I live in England........do I proceed any differently?

Thanks

Finglas

Basic Account Customer

 

 

Joined: 18 Mar 2006

Posts: 1

 

Posted: Sat Mar 18, 2006 4:10 pm Post subject: Statements Request - No Charges!

 

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I have just ring the Halifax online number and asked for all statements +charges since 2002 and was told these would be posted to us on Monday at no charge!!! I told them that they were required for a child maintenance case.

Good - but can you please start your own thread for this. Thank you

James Miller

Basic Account Customer

 

 

Joined: 18 Mar 2006

Posts: 1

 

Posted: Sat Mar 18, 2006 5:30 pm Post subject:

 

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Hi this is my first post, so many apologies if this is a daft question already covered elsewhere. I am just wondering if my account is in Scotland (BoS) but I live in England do I proceed any differently?

 

Thanks

No it is not a daft question but it is a question which has been asked and answered repeatedly. Please will you read around the forum.

Also please will you start your own thread.

I sent a standard letter about a week and a half ago, detailing the charges back to Aug 2005 (all that is available through online banking). This amounted to £507 plus interest. I am awaiting full statements back to march 2000, should be here within a couple of days. However I have received this letter from my branch this morning.....any advice ?

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Statements received today. Totalled them all up and i am due £1968 plus about a tenner in interest (i take it i can claim for this too as my current account has no overdraft, and this interest has been applied when the banks charges to me overdrawn)

I have sent another letter to Trinity Rd this time, recorded delivery, attaching spreadsheet, initial letter, and reply from branch letter.

I have stated in my latest letter, that if they do not refund charges, then i require them to detail manual intervention, and any notes for each of these charges, to allow me to take my claim further.

I am hoping, because i am in Scotland, that i will be able to claim in 2/3 chunks in court, as the limit for small claims is £750, or a summary cause is up to £1500. ie one for DD's, one for Cheques etc

Any advice on this up to now would be appreciated

You may be better to leave out the tenner in interest and say that you believe that this reflects fair compensation to the bank for the costs of your breaches of contract. They are entitled to something but the costs of a such a highly automated process are minimal.

I think that their assertion that the charges only cover part of the costs is interesting. If that is so why do the banks fail to provide any evidence that their costs are greater than the charges that they levy.

Hi Scotia. I have two cases at down the road in Cupar in about four weeks (see litigation section). I'm waiting for acknowledgement from Halifux but wholly expect a judgement by default. I am pursuing £alot in total and have worked out a stratagy for getting through this with regard to the 750 limit. I would say that pretty much all the info you need you'll find here with a bit of trawling around, but if you have any speciific questions with regard to the Scottish small claims system then I would be happy to answer them as I have now had a good look through the Act of Sederant (small claims rules). Gomad

ok, sent Trinity Rd a letter last week recorded delivery. I attached previous letter and response from branch, and gave them 14 days to cough up. I received a standard reply on the 4th April stating that they would be in touch shortly. I am waiting til the 12th April, then i will send LBA.

They dont seem too bothered about it..........

The total amount is £1968........and all letters etc have been asking for full £1968....but my problem is that... if...sorry...when ..i go to fill out court stuff next week (because i am in Scotland)the limit is £750...so presumably i will claim for 6 years ago to whenever i reached say 700 quid in charges....this will then allow me to claim for a second lot, and 3rd lot etc........

is there any other way i can do this ?

and will the bank think somethings up cause the amount has dropped from 1968 to 750 ??

any help much appreciated

Hi Scotia, firstly the staute of limitation for us up here is only five years so you are only going to be able to claim your charges back during this period. I am now in my third claim with Halifax and have severed the claims by date and the sheriff officer doesn't seem too worried about this. I have pointed out to the Halifax that they can if they wish settle the whole lot now as it would actually cost them less as they would not have to incurr charges. They did not seem too interested in this and said that they were not going to refund charges end of storey. Odd that they had just paid out over a grand to me four days earlier !!! So the fact is that they will not refund anything without a court action. I told them that thier arrogance astounds me and I will now pursue every charge inividually so it will cost them £39 in court costs for every £30 action I raise against them. I am looking for about another £4800!! so lets see how long it takes them to pay up the lot. I may drop in the odd £750 claim here and there if I get short of cash but I am now very prepared to be a pain in thier corporate ass just for the hassle and discomfort they have caused me. So press on and sever the claims however you like as they will pay you up however you do it as long as you take them to court. It really is a shame that we are only aloud to claim the £750 up here. Any problems let me know.

cheers m8, thanks for the reply........i didn't know about the 5 year limit...but luckily i only have 1 charge beyond this, so not too much lost.......i also thought that you could go up to £1500 with a summary cause ?! (maybe wrong)

They have until wednesday to cough up or i will be sending LBA giving them 7 days, then action without any further notification.....(the reason i am giving threm an extra 7 days is so that it coincides with my pay day...so i can afford court fees etc)

I am going down to Kirkcaldy Court tomorrow to get some info, forms etc so i will ask them details about limits etc

Just remember that you are liable for costs with a summary cause. Not that I think for one minute that a lwyer from the Halifax would turn up to Kircaldy court but better safe than sorry.

ok.....14 days is up today....so i have posted LBA by special delivery giving them 7 days

Its amazing what a LBA can do.......i just had a Richard Aitken from customer relations teams on the phone to me........after a wee discussion on the legalities and general public opinion, he offered me a goodwill gesture of £768 back......told him i would accept it but not with any conditions, he then explained that it would be full and final settlement......told i will pursue it in court then......total amounts is 2000 quid....so first claim is ready to go as soon as i receive his reply in writing.......

One question.....i sent LBA out yesterday...but he telephoned this morning in reply to LBA...so do i still wait 7 days....or do i submit claim now ??

No reply...today was their LBA 7 Day Deadline, and the postie has been and gone.......so i am off to the local sheriff court........

Court papers submitted to Kirkcaldy Sheriff Court

Claim Number - SA262/06

Amount - £720 plus £39 fee plus £103.67 interest

Court date set for 16/6/06

more claims to follow !!

Hi Scotia,

Any developments to report?

I'm beginning to prepare my claim and calculate the interest etc I suppose they're doing us a favour by letting it go this far - we only end up getting more back in the long run!

Do you know if I'll be able to get someone to hand my claim in to court on my behalf? It'll be quite tricky to make it with work.

Well an update folks:

Received a call from a lovely woman from the Halifax on Wednesday night, she explained that 'due to commercial reasons' and 'without admitting liability', and as a 'gesture of goodwill' they will refund me £730 plus 107.31 interest, plus £39 fee....

Money was paid into my account on Thursday morning

YIPEEEE

Next claim here we come !

Congratulations !!!

I know there's more to come, but don't forget the survey too....

(title amended for you)

survey is done.......donation will be on its way from next claim....this one just managed to pay off my overdraft

Yee-haaaa!

You know, I thought the Scottish system was pants, what with the £750 limit, but it seems to just roll off so well, doesn't it? Amazing...

No 3 starting when?

.

They have just paid out my 2nd claim for £747 plus int plus fee

yippeeeeeeeeeeeee

Well done you!

I'm waiting with baited breath to see what you're going to do next.

They paid up a hell of a lot quicker 2nd time round, did they not?

Filed my claim 6/6/6, hoping that's a GOOD Omen.

Mairi

i am gonna put in my 3rd and final claim.....then get that paid out.....then i am gonna try going back further than the 5 year point.....i am gonna try using the argument that 'the banks knew that these charges were unlawful many years ago, yet concealed it from me, therefor period of limitation doesn't apply'

Don't know if i will get anywhere but we will see