History requested11/03

[jonni2bad]

Hi all,

 

Newbie here, would first like to say a big thanks to the peeps who run the show - I too read the MSE article and having looked through the forum and the FAQs have been most impressed.

 

We banked with the Halifax for many years and found ourselves in financial difficulty about 2 - 3 years ago. Account charges were a common feature back then, and they often left us chasing our tails in a fairly vicious circle. For some reason, we have always kept our bank statements (4 years worth) so I had a look back... £1,292 in charges!! I have used the spreadsheet to work out interest (an extra £325).

 

I can't remember ever being in that situation over 4 years ago, so I'm considering not bothering to ask for records from years 4 - 6 and having to wait even longer under the DPA. I have read the different templates and other letters folk have sent in, and tried to cobble the best of each to match my situation - which is shown below. I'm thinking of sending this out very early next week, so would appreciate any comments / feedback (good or bad) that you feel could help.

 

Our account defaulted too, so I am asking for a removal of that - having read the basics it looks like that is the thing they will fight hardest.. am I right?

 

Anyway, here is the letter.............

 

Halifax PLC

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ROLL NUMBER: D/XXXXXXX-X

SORT CODE: XXXXXX

ACCOUNT NUMBER: XXXXXXXX

 

I am writing to ask you to refund to me the charges which you have levied from my account over the last 4 years. 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 under Common Law, Statute and recent Consumer regulations.

 

Your responsibilities

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.

 

My request

I have prepared a spreadsheet detailing dates, amounts of each charge and an additional 8% interest, as allowed by the County Courts Act (1984). The total charges in this period amount to £1292.00 The interest total, as of 10h March 2006, amounts to £325.65 and so the total amount I require you to repay me is £1,617.65

 

If you have evidence to show that my account required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you. In such circumstances, I would require you to show the name and position of that person, the action or decision taken and the reasons for doing so.

Evidence of such manual intervention may alter the amount of my claim.

 

If you are unable to supply details of manual intervention because there has been none, then please be so kind as to confirm this in your response to my request.

 

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly because of the taking, by you, of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

My targets to resolve this matter

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment, which should be in the form of a personal cheque. I believe that this timeframe is more than sufficient for a large company, such as yours, with dedicated customer care and legal staff.

 

If you choose not to reply, or you reply indicating that you are not willing to refund the charges stated above, then my next correspondence with you will be my notification that I intend to start proceedings for recovery in the County Courts, as I believe that I am legally entitled to this money. By doing so, you will also be liable for my court costs.

 

 

Yours faithfully

 

Xxxxx Xxxxxxxxx

 

 

Enclosed: Charges spreadsheet

[BankFodder]

We wrote the letter - so we think it is great. If you have amended it and aren't sure then please highliight the amendment as we don't have the time to read it all through.

As to the your question about the default being the big hurdle - You bet 'cha.

[jonni2bad]

Have decided I would be mad to ignore years 4 to 6, just in case there is at least another charge (which would then cover the cost of the £10 DPA charge).

 

Letter sent 1st class recorded delivery on Saturday 11th March.

[jonni2bad]

This topic was closed on 03/06/19.

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