This topic was closed on 10 March 2019.

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- Consumer Action Group

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

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- Consumer Action Group

Has anything happened since you put in your claim with moneycalim?

Thanks Zoot, that is interesting reading.

Thanks guys,I will send a letter off tomorrow recorded delivery again and press the points made above.

Hi Glen, I used a modified DPA letter from the templates section. The same that I used sucessfully with the Halifax.

I have actually just looked out the letter and I sent it on the 17th June.

Here it is:

LXDirect Customer Relations

Sir John Moores Building

100 Old Hall Street

Liverpool

L70 1AB

Dear Sir/Madam

ACCOUNT NUMBER:

Please supply me with a complete list of transactions and charges relating to my LXDirect Flexible Account since 2001. Alternatively, a complete set of statements for that period will be acceptable.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully,

They have not taken my request seriously anyway.

I sent a request under the data protection act for statements or charges I have recieved since 2001 for my Littlewoods Index Catalouge. The request was sent about 4 weeks ago.

I recieved a one sentence letter today saying:

"Please let me know the reason for your request of statements from 2001."

I am not sure how to respond and I am looking for a bit of advice. I am happy to send a very stronly worded letter back to them.

Thanks in advance.

The Halifax did not pay me the interest on my settlement so I have called them and told them I am happy to repay the amount overpaid (£761) minus £200.88 interest that was not paid to me.

The very helpful lady on the phone said just to transfer back to my account £560.12 and the outstanding payment will be settled.

Early in July I received a settlement from the Halifax for £761 for a claim I made re bank charges. A second payment was made to me on the same day for £761 so I transferred both to a new account and that was that. I wrote the court in Edinburgh to say that action was to be closed against the Halifax as they had settled in full.

Today I received a letter from Helen Rawnsley, Customer Relations Manager for the Halifax saying:

Dear Mr xxxxxx

I wrote to you on the 18th of July 2006 in relation to an overpayment that was credited to your account incorrectly. You will be aware, that the amount of £761.00 remains unpaid.

I am disappointed to note you have chosen not to co-operate in bringing this matter to a close. Whilst I acknowledge the Halifax initiated the error, it was clear that you were not entitled to the overpayment and it is appropriate that we ask you to return it.

Please forward an immediate payment of £761.00 in full and final settlement of this matter, within 14 days of the date of this letter. If this issue has not been concluded by then, I will pass the details to the DLA Solicitors to initiate proceedings to recover the full balance outstanding, without further reference.

I look forward to receiving your payment as soon as possible.

I did not receive a first letter from the Halifax and the second was sent 1st class mail, not recorded or traceable.

I am wondering what my options are here. I used my settlement payment (the whole amount) to settle bills etc so I do not have the money to return, even if I wanted to, which I don’t!!!

I am happy to write and arrange to pay a small amount each month or defend this is if I can. Can anyone advise me please?

Kev

Thanks Fruitycar, I entered on the form that I am happy that the Halifax has settled the amount claimed and also that I wish to dismiss the case.

The Halifax never paid me interest but they have paid me the full claim amount and fees twice so I am happy.

The Halifax has settled the first of my claims for £722 and the £39 Sheriff Court fees. They acctually have paid me these 2 amounts twice so I recieved over £1500 the other day!!

My question is what should I enter on Form 11 to send back to the Sheriff Court to say that the Halifax has paid the amount in full?

I phoned the Sheriff Court today and they said just fill in the section under Form 11 and send it in. The part of Form 11 I am not sure about is the Minutes section.

Donation on the way....

The lady never said why but I think court would award 8% of the claim in interest if the case got that far and not 8% from the date of service of the charge. This just my guess though.

You have come to the right place. Everyone is very helpful. Have a good read around and read the FAQs on the main forum page.

The first step is to write to the Halifax and ask for your bank statements so you can work out exactly how much they owe you.

I agree, the court clerk in Edinburgh was very helpful. They did say to remove the words:

'from the date of service'

from my claim. The lady said they had taken advice about this because of the number of claims (identical) they have seen.

Hi JoJo, fair point. I must be having one of those days....

I am not having a go but is anyone else getting a bit down with the number of new posts asking for help/templates?

Is seems less and less people are reading more than a couple of posts and spending more than a few minutes looking around the site.

It gets difficult trying to help people when you just know they have not put in much effort for themselves.

Sorry, rant over.....

I filed my claim today in Edinburgh. My total was minus the 8% interest and charges.

When the Halifax contact me to settle :-D I will then add the interest and charges to file the claim. I'll use the interest calculator to work it out from the date the charges were taken from my account.

Modorators: Can this thread name be changed to 'EdinburghKev vs Halifax'

TY

I have just filed my first claim with the court in Edinburgh and the helpful lady said that I need to modify what I say in Section 4 of form 1a and 1b:

The pursuer claims from the defendant the sum of £722.00 with interest on that sum at the rate of 8% annually from the date of service together with the expenses of brining the action.

They scored out 'of each charge' which was between 'date of service' & 'together with'.

I also had the name of the bank manager included in Section 3 and that was also scored out leaving the defender as the Halifax PLC.

I have just put in my first claim to the Small Claims Court here in Edinburgh. The claim was for £722 plus interest plus the expenses of bringing the action.

My Halifax branch should recieve the summons early next week and if they choose to defend I will get a court date in August. This is the first of 4 claims I will be making.

I got it scotia, thanks, i had read it before a few times i just paniced a bit as I am putting it all together before I head along to the court tomorrow.

hi mairi, you have answered my question with your description of what you did in your claim. I am going to claim £736 plus interest at 8% plus the costs of making this claim.

I thought that the claim needed to be under £750 with costs and interest inculded, but I see your claim is over £800 with interest and costs.

It was the £750 limit that threw me off and having to keep my claim under that.

Please forgive my ignorance and i am sure I have read the answer but I am nervous about my claim going in tomorrow so I thought I better ask to be 100% sure.

Should my claim total be with interest or without interest?

Well done Mariana, I am really pleased for you.