Gib v Halifax

[grahambl]

I have spent quite a while reading through all the threads and FAQ's on this site and am suprised how many people are in the same boat with this. I just wonder what will be the final outcome once the whole world starts claiming back the unfair charges...

 

Anyway, I sent off my request for bank statements before i read that you can phone up and pay £5 but nevermind, I have statements going back 14 months and the charges on my account total £724. Pretty handy considering in Scotland you can only claim £750 at a time. I think that was a pretty good 14 month period in comparison so I can't wait to find out what the full total is. My RBOS account will be even worse but I have closed that and have only one statement. Statements requested for that too.

 

I sent out a preliminary letter requesting the £724 and everything else they have charged me. The deadine is in two days and I have the LBA ready to go. Just to antagonise them I sent an email covering what I said in the preliminary letter and added a few legal matters in a hope to speed things up. I sent it to every email address i could find for customer relations but I doubt I will receive a reply...

[callumsgran]

good luck to you graham, and keep us posted!!

[grahambl]

14 days from preliminary letter and I have had no response at all. I have just posted my LBA and will hand a copy of it into my local branch at lunch time so there is no excuse of them not replying to this one.

 

Is there anyone from Scotland who has put a claim in for

 

any advice would be greatly appreciated.

[kevcam]

Hi,

 

Once bank has settled first claim there is no harm in asking for remainder of charges, however I don't think they'll pay until new action is started.

 

Do you have much more than 750 to claim.

 

I live in Scotland but I am using the English court to get my charges back from Halifax as they owe me more than £750.

[grahambl]

Are you able to do that? i thought because my branch is in Edinburgh that i have to claim in Scotland. it certainly appears that way by the other threads i have read. Have you stated the claim then?

 

The £724 only covers the last 14 months, i think that was a good period so i would imagine it would be in the region of £1k a year going back from that.

 

I am still waiting on my statements as i only have a few before the 14 months i have asked for initially.

[kevcam]

Hello,

 

You should send all letters to their head office in Halifax.

 

That means you can use the English courts.

 

For MoneyClaim you need an English address (you can use a friend or relative).

 

If you do not have access to an English address there are solicitors you can use in England. I know one which charges just £2 for Letter Before Action. They will also submit claim online for you for just the cost of the court fee.

 

Once they say they will defend (as they will claim that they intend to defend) the solicitor will then pass the file to you to represent yourself.

 

It's quite easy.

[grahambl]

Thanks, i have already sent my LBA from my Edinburgh address. Is it too late now? i have an English address i can use for the money claim but does the address have to be the same as the LBA?

 

Since i only have the 14 months of statements at present i might claim this one in the scottish courts and once i receive the rest of them do it though moneyclaim (presuming it is >£750...)

 

any thoughts? thanks for your help with this...

[grahambl]

i did send everything to head office in Halifax by the way...

[pmhread]

Just be wary here. Your account will be operated under Scottish Law and not English law... trying to circumnavigate the legal system might not do you any favours...

 

Of course that's just my opinion

[grahambl]

Received the standard "unable to make a refund of the charges" letter on the 14th day after my preliminary letter... LBA was sent the day before...

[grahambl]

I got several replies to my LBA, some with an offer, some without. The last one was the best though. It stated it had enclosed a previous response and also their standard leaflet but there was nothing in the envelope. Idiots...

 

I went to Edinburgh Sheriff Court today to hand in my small claim which with the interest totalled £766.86. It was a nerve racking experience but the guy behind the desk knew exactly what to do.

 

From reading the other threads it appears that the usual wait for repayment ends up being about 20 days after the claim was submitted so I am aiming for the 10th August. rock on!

[grahambl]

I phoned the sheriff court today because i had'nt received anything back and I submitted my form on the 21st of July. They said they will send out another copy to me first class but one of the clerks emailed me and said Halifax have to the 12th of September to respond to the action and the hearing date is the 19th of September. The timescale seems huge in comparison to other cases. Is this just a Scottish thing?