here we go

[ruthieanne]

hello

hope i'm doing this right battle with the halifax commenced 16 june and still waiting for my duplicate statements

[mechs]

Welcome ruthieanne,

 

Did you send the 'Data Protection - Subject Access Request' letter when you asked for a copy of your statements.

 

As well, and I can see that you joined in June, but if it will help you if you haven't looked already:

• Thoroughly read the FAQ’s
  
• Find template letters in the Bank Template Library (below the ‘Welcome to our Forum’)

Further links in my sig.

 

mechs

[ruthieanne]

Hi Mechs

I sent the 'Data Protection - Subject Access Request' letter 16/6/06 and received a bog standard reply acknowledgement, statements ordered and will be sent cheque has been cashed and don't know if I should be hassling them now.

Do the 40 days start from the date on my letter or the date the cheque clears? I keep rereading the faqs and various threads but am assuming that since my letter was acknowledged the time scale is based on my 1st contact.

 

its good to know there is a wealth of support within this forum:)

[daz]

Sent the first letter with a cheque, 4 days later i recieved about 22 letters containing statements from the last 6 years. just sending a letter to request the charges back. will let you know.

[mechs]

Sent the first letter with a cheque, 4 days later i recieved about 22 letters containing statements from the last 6 years. just sending a letter to request the charges back. will let you know.

 

Welcome, Daz,

 

Please start your own thread so we can keep track of it and give any advice and help needed.

 

mechs

[mechs]

Hi Mechs

I sent the 'Data Protection - Subject Access Request' letter 16/6/06 and received a bog standard reply acknowledgement, statements ordered and will be sent cheque has been cashed and don't know if I should be hassling them now.

Do the 40 days start from the date on my letter or the date the cheque clears? The 40 days began when they received payment. I keep rereading the faqs and various threads but am assuming that since my letter was acknowledged the time scale is based on my 1st contact.

 

its good to know there is a wealth of support within this forum:)

It certainly is

[ruthieanne]

well long time no speak

 

sent my prelim letter claiming back charges of £1,737.98. on 09-08-06 got a letter back saying that they received letter in their specififc dept 15-08-09 and that they will get back to me within 4 weeks... not good enough I think! now the 14 days are nearly up and I am going to send the LBA without any further conversation with them or should I give them a further week if they reckon they only got the letter on the 15th?

[Michael Browne]

No, stick to your timescale.- send the LBA on the 23rd.

[ruthieanne]

cheers michael a bit of reassurance helps alot

[ruthieanne]

Hi all

quick update

sent LBA offer of £260 made by halifax now received a default notice for £770

can they do this if they know i'm disputing the charges made?

 

HALIFAX BANK

DPA SENT 16/06/06

PRELIM REQUEST SENT 7/08/06 £1,737.98

LBA SENT 23/08/06 £1,947.98

OFFER MADE 30/08/06 £260

DEFAULT NOTICE SERVED 5/09/06

[ruthieanne]

just trying to fill in mcol now i have written the following

 

I have a contract with the defendant bank

since 01-04-99, conducted on their standard

terms and conditions. I am claiming return of money taken by the defendant in way of

charges over the last 6 years and interest

they have levied on the charges. The bank's

charges are a disproportionate penalty, therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts)

Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify charges but they have declined to do so.

The claimant also claims interest under

section 69 of the County Courts Act 1984 at

the rate of 8% a year from 1-06-00 to

1-09-06 of £1947.98 and interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of £0.00022

 

so if they bank are serving a default saying that I have not conducted the account appropriately and am in breach of the terms and conditions should i be panicking?? the bit at the top of the claim says the 'account

is conducted on their standard terms and conditions' bit concerned about this default business

 

 

HALIFAX BANK

Data Protection Act SENT 16/06/06

PRELIM REQUEST SENT 7/08/06 £1,737.98

LBA SENT 23/08/06 £1,947.98

OFFER MADE 30/08/06 £260

DEFAULT NOTICE SERVED 5/09/06

[Brad Smith]

I was under the impression that they couldn't default you whilst it was in dispute.

 

I'm sure one of the mods will correct me if I'm wrong....

[Michael Browne]

The claimant also claims interest under

section 69 of the County Courts Act 1984 at

the rate of 8% a year from 1-06-00 to

1-09-06 of £1947.98 and interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of £0.00022

£1947 seems rather high. Is this your charges + 8% interest?

This figure should be the 8% interest on your charges as in the Simple s/s

The daily rate is just your charges X 0.000222 eg £495 x 0.00022= £0.11p

[ruthieanne]

aargh

trying to work out my sums for mcol

total charges claiming £1,946

8% of that is 155.68 now do i multiply this by 6 (years which makes £9934.08??????????)

or do i submit my daily rate of 0.00022 which is £162.92?

 

useless at maths and completely flumoxed

[Brad Smith]

Hi Ruthie, deep breaths......

 

the 8% interest is charged from the date it was incurred, if it occured exactly one year ago it would obviously be 365 days. If the charge was £30, it would be (£30 x 0.00022) x 365 = £2.41

 

The easiest way to do this is using the simple excel spreadsheet, you just put in the date, the amount and it works the interest out for you.

[aardvark the lecturer]

aargh

trying to work out my sums for mcol

total charges claiming £1,946

8% of that is 155.68 now do i multiply this by 6 (years which makes £9934.08??????????)

or do i submit my daily rate of 0.00022 which is £162.92?

 

useless at maths and completely flumoxed

 

The 8% is applied by the spreadsheet in the templates, it calculates this based the number days since the charge was applied. You cannot simply add 8% to the added up total to date as this is the interest rate over the YEAR. Some charges may be older than a year (= more interest) and some less than a year (= less interest).

 

Have you used the spreadsheet provided on the site to produce your schedule of charges?

[ruthieanne]

thanks you guys I've used the spreadsheet and it has totalled it at £162.92 so thats what i'm putting let you know how it all goes

[aardvark the lecturer]

Good Luck!

[ruthieanne]

well just sent mcol after finally finding the money!!

i need to send my schedule of charges to the court anyone know the address? i'm sure i saw it earlier and now i've lost the plot

blood pressure is now through the roof lets wait and see!!!!!!!!!!!!!

[aardvark the lecturer]

Hi there, you don't send the schedule of charges to the courts unless you get to the AQ stage, then you need to supply more info about the case.

 

currently the halifax are not taking it to that stage though, and are settling after a week or so from acknowledging.

 

Good Luck!

[aardvark the lecturer]

Ignore previous comment, It was based on a friends experience where the northhampton court actually sent the schedules back saying that they were not required at this time!

 

read the following post's which appear to be better informed - http://www.consumeractiongroup.co.uk/forum/halifax-bank/37257-sending-schedule-mcol.html

[ruthieanne]

hi aardvark

thanks for that bit of info

I phoned mcol this am and they said the same thing.

congrats on yours though they made a quick decision there. hope mine will be the same

[aardvark the lecturer]

congrats on yours though they made a quick decision there. hope mine will be the same

 

Cheers ruthieanne, still haven't actually received the cash yet though .

 

Considering ringing them and being arsey about the daily interest rate that they have 'forgotten' to add in, but really need them to pay up this week as am racking up more charges as we speak (the £250 MCOL fee has made the month VERY tight!).

 

Good Luck!

[ruthieanne]

Hi guys

quick update:mcol issued 11/10/06

acknowledged 13/10/06

not heard anything else.... it looks as though many have been settled within 7 days and now i'm getting panicky

has anyone recently had a long wait following acknowledgement?

[bathgatebuyer]

Almost certain they can't default you when the account is in dispute under the Consumer Credit Act 1974.