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Didge

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Everything posted by Didge

  1. Haven't quite got that far yet (next week), but from what I've been reading up on in preparation, Halifax seem to take it right to the last moment, say they'll defend but settle just before you actually have to step into a courtroom. I'm sure those who have actually experienced the sequence of events will inform you better:-)
  2. Try this King; http://www.consumeractiongroup.co.uk/forum/bank-templates-library/2004-free-alternative-excel.html For some reason Excel stopped working on my computer, but this program recognises Excel files and works very similar.
  3. Oh, look what's waiting for me as I arrive home - a letter from the Halifax. Dear Miss Didge, Thank you for your recent letter...When we pay an item against an unauthorised overdraft...incur extra costs...believe it is fair to pass these costs on to the accounts affected...(no argument from me there) We clearly outline charging policy...commited to complying with the Banking Code... (jolly good) cannot be responsible if you authorise payments when funds are not available (they would be available if the charges were a true reflection of the cost to the bank) We are keen to help...avoid any unecessary charges (yeah? What about the time I asked to extend my overdraft for a couple of months so I wouldn't incur charges but you said no because I was incurring charges?) As a gesture of goodwill...offer you a refund of £1388.00 (about 50% of what I'm claiming) Future charges will stand...(if you say so) reserve the right to close account... offer available for two weeks from today's date... Well, I'm sorry Ms. Karen not-even-signed-personally Fraser, your lot caused me so much grief and heartache when I needed help, that £1300 is not going to cover it, especially as I have a rack of new charges coming up, so the only thing I'll be sending back to you is your pre-paid envelope with my Response to settlement letter in it. Now, where's that template...? Oh yes, for some reason I'd already saved and personalised it. Might just wait until after the holiday, then there'll probably be some more charges to add. Question here - as I think there will be more charges, will I have to send another schedule with my rejection letter?
  4. If it's anything like my prelim, only received the usual acknowlegement letter - no offer, no nothing - so LBA was sent off on the 15th - don't want any response now so I can go to court and claim the 8% interest, as that would help clear the excessive overdraft I'm presently accumulating due to the spiral of fees because of fees scenario:mad: Good Luck:)
  5. As you say Scouser, the Choice Is Yours;) Personally, as the Halifax nearly cost me my life two years ago, I intend to settle for no less than 100% of my claim and I am not letting them get away with saving a penny. But whatever choice you make will be the right one for you:)
  6. Congratulations Rewind! Another one to chalk up!
  7. You have received the absolutely standard response CM. Oh yes, you stick to YOUR timetable - for the court to believe you were acting reasonably, allow two days for the bank to receive your letter, then add 14 - so as you posted on the 7th, that gives them until the 23rd to respond positively. HTH:)
  8. 3 weeks doesn't sound very efficient to me - in your prelim letter you should have given them 14 days to respond, but act now and this time stick to YOUR timetable, not the bank's; What you can now send is an LBA http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html with the first paragraph amended with a bit of the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html letter, so it reads something like: Your address Date Their address Re: account number xxxxxxxx/complaint number xxxxxxxx Response to settlement offer/Letter Before Action Dear Sir/Madam, Thank you for your letter dated xx/xx/xx I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX] I require repayment in full of this money and . If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice. Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department. Yours faithfully, [name] All the bits in red are for you to personalise. And this time, they get just 14 days before you go to the court stage - stick to YOUR timetable:D That is, of course, if you don't want to accept their offer;)
  9. Welcome Daverino Looks like you're right on track - I'm just a little behind you - Halifax should have received my LBA by today so I'll be giving them a New Year present of another court claim - had only one letter of acknowledgement myself. Good Luck (but none needed)
  10. Crikey AWC, you're braver than me - I'm waiting for the results of Halifax before going after the uncrackable Egg and Barclaycard:-| But Power to you and Go Get 'Em:D
  11. But make sure you stick to your timetable and zip off your LBA 14 days after your prelim - don't worry about their poor little workload and all the bank holidays they're getting off in the next couple of weeks (spot the one who's working on Boxing Day:mad: )
  12. Just seems to be one Hell of a coincidence that you get that letter from Capquest just after asking for your statements. Please wait for advice from someone far more qualified than me, I'm just the idiot who's just trying to keep you perky until the real help arrives, but I'm sure you can claim back the charges and to stall Capquest I would inform them (by letter) that your account is in dispute at the moment so don't take any action until the matter is settled - I'm sure someone who has exactly the right words will come along soon:) Good Luck in your fight Exhale - time to get back what's yours
  13. AWC, That's where my SAR went to, but my Prelim I sent to the Trinity Road address as that's where the first acknowledgement letter was from, but my LBA has gone to Customer Relations, PO Box 548, Leeds, LS1 1WU as that's the address from my ack. to my prelim. Seem to be going all over the place, but ending up in the right department. Good Luck in your claim
  14. So - no post today with a fantastic offer I couldn't possibly refuse - shame that. So, LBA and new schedule printed out (with yet another charge sneaked on yesterday) and will be in the hands of the Royal Mail tomorrow (Friday). And NOT recorded delivery - found out how flamin' useless that 'service' is. Just Proof of Posting will do for me. Now I've gone from desperately wanting the postman to visit to not being exactly eager to see a full refund from the Halifax in the next 14 days - OK, I'm being greedy now and looking to that Xtra 8% - and I know the likelyhood of the full whack being offered (what just flew past my window? It was pink and went 'oink'), but the pessimist in me can just picture the legal dept. wanting to try out their new rubber stamp on my paperwork - the one shaped 'test case'...
  15. Considering that with Recorded Delivery all you are paying extra for is NOT that it will definitely get delivered, but that you get a signature at the other end, surely the Royal Mail are not completing their side of the 'contract'? I know my letter got through to the Halifax, but according to the Royal Mail by the 15th it will be considered 'lost'. Even though I know the letter was delivered, I'm tempted to claim compensation as the RM did not do what they promised for my extra 68p ie get a signature. Have now learned that Recorded Delivery = waste of money and will be taking Jonni's advice for further correspondence.
  16. Again, from what I've read on here the account closure threat is standard but have yet to see one actually closed. Anyway, even if they did, they would have to give you 28 days' notice so you could sort out another (If I'm allowed to open another account, anyone can). And if you've ever had real, proper help from the Halifax when you needed it, then Hell, go for the extra phone call to Miss McBride. Personally, from what I've seen on this site and what they've done for me over the years (practically nothing), they're not going to give you back your money out of the goodness of their heart, so MCOL is the only option.
  17. Taximan, You send your preliminary request for payment letter first - just being picky:)
  18. Murray, As far as I'm aware, you can add charges on right up to the Court claim stage - just attach a new updated schedule with each letter. You can only claim for charges actually taken from your account, but being in a similar situation, I intend to take out another claim for any charges coming out after my first claim has been settled.
  19. Next instalment; Looks like hanging on to see if the Post Office did actually deliver my prelim has paid off. On my doormat as I arrive home is a letter from Adrian Nixon at Customer Services, Leeds, who is sorry to hear that I'm unhappy with the charges applied to my account (not as sorry as he could be) and he's forwarded a copy of my letter to the Customer Relations dept. (Anyone know the difference between Services and Relations?) Apparently they're going to 'deal with my concerns as quickly as possible' (that'll be a first). They have precisely until Thursday... LBA is being drafted about....now.
  20. Grrr. Looks like the Royal Mail are in league with the banks - it's been a week now and my letter still cannot be traced. Thinking about re-sending the prelim - addressed it just to 'Halifax plc' at the Trinity Road address - is there any extra detail (name/role) I could add to maybe give it a better chance of reaching it's destination?
  21. Didge

    jjddcc Vs Egg

    Unfortunately, JJ, I think it's a case of don't hold your breath... But Good Luck
  22. As that's when you've seen proof of them receiving the letter, yes that's when to count the 40 days from. And you don't have to add on any extra just because there's a bunch of bank holidays coming up - isn't that nice? I found my statements came about 3 weeks after my cheque was cashed, and about 4 days after my 'statements are being sent' letter. So maybe a nice Christmas present?
  23. WELL DONE! Another one to chalk up Have a Good Festive Season Morgan:)
  24. What barracad is saying, Jo, is that you use one thread for all your posts - you just find your own personal thread (this one) and click on the 'post reply' when you have a new question. This saves space on the forum and keeps your story of your claim all nice and tidy in one place so that everyone can follow what's going on for you.
  25. Welcome to the fight Doo I've gone from fearing what the postman might deliver to willing him to post it a bit quicker thanks to this site - just keep reading all the FAQs and threads and you'll get to know what's going to happen I'll wish you luck but it's really not necessary.
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