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Deller

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Deller last won the day on March 31 2007

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  1. From my understanding of this though, Halifax are looking to pay this settlement to the DCA. It seems to me as though the debt should have been passed back to Halifax as soon as the account entered dispute, therefore the settlement should come from HALIFAX to the CLAIMENT and allow her to decide how she wishes to settle the debt!!
  2. One other thing, they will always want to pay the money into the account, that is if the account is still open. So, if you owe them money on a credit card or overdraft, then they will try and deduct the amount they owe you from the amount you owe them. In the case of credit cards, if your refund is more than your credit limit, or outstanding balance, then they will clear the account and send you a cheque for the difference. HOWEVER, you can stipulate exactly how you want to receive your money. This is totally up to you, so don't let them bully you into accepting a deduction of a
  3. A DCA cannot act on an account that is in dispute, once you send a prelim to the bank, you put the account in dispute and the DCA must refer it back to the bank until the dispute is settled. I would simply send them a dispute letter along these lines. The money your friend is claiming is from Halifax and NOT the DCA, the debt should have been passed back to Halifax as soon as the account was put in dispute. It seems to me as though both the bank and the DCA are trying to pass the buck back and forth to each other. IMO, once the debt has been passed back to Halif
  4. Firstly, you say the charges are AROUND the £5,000 mark. You are able to lump them all together if you wish but this will depend on whether or not you wish to keep the claim under the 5000 pound small claims threshold. With regards to the additional charges being applied to your account, unfortunately the bank will continue to add these charges to the accounts if dd's are being returned and cheques bouncing etc. You can however add these charges to your claim right up until the point of actually filing your claim through the courts.
  5. You are able to reclaim penalty charges regardless of whether or not they were applied to your account with an overdraft or not. Are you refering to interest on overdrafts?? If so then this spreadsheet will help you calculate what proportion is deemed acceptable to reclaim. http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xls
  6. Hi Kev With regards to the overdraft interest, you are able to reclaim the proportion of it which is in direct relation to the charges applied to your account. Try entering all the details into this spreadsheet and it will calculate exactly what proportion is deemed acceptable to reclaim. http://www.consumeractiongroup.co.uk/Spreadsheets/England/Complex-bank-charges-calc.xls
  7. I've changed my mind....... As Sally rightly pointed out, Hag has helped immensly on this site and she was very correct in saying that every post he's made was of great relevance to the question in hand. Perhaps it's not right to question the "why change of status" in open forum, but then again if Hag doesn't want to respond I'm sure he wont. And whats to say that Sally didn't actually pm Hag aswell as start this thread, maybe she felt there was the need for people to be aware of the fact that he was no longer SH. I know that he helped Sally a lot with several things and obviously
  8. No problem, should you require any further assistance, just SHOUT!!!!
  9. Welcome Jaymc, You have 2 options when filing your claim through the courts, firstly, filing online through MCOL, these links will help you with this. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610 Secondly, you can file through the courts in person using the N1 form. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html
  10. Hi and welcome to the site, You've definately taken the first step into claiming back what's rightfully yours. Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. Don't be afraid to ask any quest
  11. Hi and welcome to the site, You've definately taken the first step into claiming back what's rightfully yours. Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. Don't be afraid to ask any quest
  12. Hi and welcome to the site, You've definately taken the first step into claiming back what's rightfully yours. Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. Don't be afraid to ask any quest
  13. Best of luck to you and should you require any help just shout!!!
  14. If the bank fails to supply you with your data then you should complain to the bank. Give them 7 days to comply and tell them that you will begin a complaint to the Information Commissioner and also that you will begin a County Court action under the Data Protection Act. If the bank does not respond to your 7 day warning then begin your complaint and start your action. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html
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