Crane v Halifax ***SETTLED IN FULL***

[wicket]

Hi all,

 

I am currently obtaining details of charges etc to calculate my claim etc. I've searched the site for answers to the following question but it keeps coming up blank - I think my browser settings (and firewall) are preventing searches etc.

 

For every £39/£35 penalty for missed direct debits/standing orders etc - how much do I claim back - is it simply the diff between the charge and the £12 OFT figure?

 

Not had any luck downloading sheet (firewall again)

 

Also, We have a mortgage with the Halifax - are they likely to use this against us?

 

I'm relishing the opportunity to make a claim - for years I have complained to them about the charges but had no joy (on most occasions no response either)

 

Thanks

[mechs]

Hi all,

For every £39/£35 penalty for missed direct debits/standing orders etc - how much do I claim back - is it simply the diff between the charge and the £12 OFT figure?

 

All of it the banks wont divulge how much it actually costs them

 

 

Also, We have a mortgage with the Halifax - are they likely to use this against us?

 

As long as you keep the payments up and don't go in arrears then they cannot penalise you because you have made a claim on your current account

I'm relishing the opportunity to make a claim - for years I have complained to them about the charges but had no joy (on most occasions no response either)

 

Thanks

 

Mechs

[wicket]

Ok, my request for charges has moved on and they are now promising to send statements for the last 6 years for a fee of £5.

 

Authorised them to deduct £5 from my bank account and they advised should have them within 7 days.

 

Interesting though that they only charge £5 to reproduce 6 years of statements! Ok, only takes an operator to push a few buttons but the paper and postage etc must moun up - appears much more reasonable than the DD penlties etc:p

[wicket]

I finally received my statements after much faffing about and follow up calls. Eventually I had two copies of statements posted!

 

I did though get a nice letter apologising for the delay and they refunded my £5 fee for bank statements which was nice.

 

Unfortunately the arrived just before a family holiday so I've only just sat down with highlighter in hand and excel in the other to compile my list. £1168 in total over 6 years - wow!

 

I'm today posting my preliminary letter setting out my claim and asking them for the £1168 back. I didn't include the interest and assume if they settle now (lol) I can't claim this. I can only claim the 8% interest if I initiate court action after the next letter the LBA?

 

So fingers crossed - sit back - and watch the fireworks.

 

Can I say though this site rocks! The information here is fantastic. I'm also following the threads on default notices in credit files and have issued my first letter today - (I'll keep that to a seperate thread though)

[wicket]

Checked on line today - Recorded delivery received 11 September 2006.

 

I wonder what their reaction is when they get these - I doubt they're suprised anymore... I feel a caption competition coming on!

[wicket]

Update:

 

Wow - they're fast to reply. Per Royal mail only delivered 11 September. Got my acknowledgment letter dated 12th Sept and my "offer" dated 13 Sept in the post today!

 

My offer was £218 (6 months worth of charges). A lecture about their charges and how I should maintain my account etc. Also..

"We believe it is fair to pass the costs on to the accounts affected, as opposed to them being absorbed by other customers" No problem with that as long as the costs are fair and represent the actual costs involved!

 

There's also a bit in there, after the goodwill offer of

"I must stress that future charges will stand and we reserve the right to close your account if you do not manage it correctly

. A veiled threat???:o

 

Also, included in my letter was a schedule of charges - the total of these was £1526 compared with my calc of £1168. I've spent all night checking this against the statements and it appears they have made a right mess of their schedule inclusing charges that don't appear on the statements, missing off charges that do and not takin g into account a refund I've already had a while back! They did though show I've overlooked a few charges and so I've revised my claim to £1421 only based on what I can reconcile. I don't want them accusing me of cheating!

 

Any way. I've fired off a thanks but will accept as partial only, outlined my revised claim and asked them to check their figures. I've stuck to my original deadline of reply (26/9/06) before I fire off LBA.

 

I wait with baited breath!

 

I must admit, after reading all these threads I was gob smacked their reply was so quick!

[sapphire001]

Good luck with your case. |I've jsut sorted through my statements to find they owe me just under £800, so I'll be sending the first letter today. Hope to hear you've ahd good new soon.

[wicket]

Thanks - My fingers are crossed - although must admit to being quite anxious when I got their reply. I think if it wasn't for the feedback and messages here my resolve would be much weaker!

 

Good luck with your case

[mechs]

Think we all have had that letter, after a while you get a hard skin and keep going, after all you are reclaiming your money

[wicket]

Ok,

 

Now had a response to partial acceptance. Not budging on the 6 month offer so nothing new there then.

 

Interesting paragraph:

You have requested information on how we calculate our costs for dealing with these transactions. PLease note we are not obliged under the Data Protection Act to supply this information, and as it is commercially sensitive, I regret to inform you that I am unable to comly with your request

:o

 

So....is it worth doing an LBA now or should I go straight to money claim?:? Was going to issue an LBA first in accordance with set guidelines and not jeopordise case but seems academic.

[jonni2bad]

Hi - If you think that it might be OK to bypass the LBA then I'm afraid you need to spend more time reading through the FAQ section.

 

You are embarking on legal action against a very well funded financial institution. If you do so lightly you will have a great deal to regret.

 

See the links in my signature.

[wicket]

Thank you jonni2bad - yes I have read all the procedures and yes I have read the FAQ's.......or at least I thought I had!!!!! (must admit that was a few weeks ago now)

 

So the answer to my question was that I was right in the first place...follow the guidelines and issue the LBA

[jonni2bad]

All's good here then......

[wicket]

Ok, I've now issued my LBA via recorded delivery, sit back and wait for money claim - doubt they'll settled before that - they haven't so far

[wicket]

Ok, time for another stupid question - I've had a search for something similar and gone through the FAQs again but not found the answer.

 

I issued LBA issued on 26/9/06 recorded delivery. No dets of received on Royal mail but had a letter today dated 29/9/06 effectively acknowledging letter, confirming not going to refund beyond 6 months etc.

 

My 14 days on the LBA run out on 11 or 12 October. As they've now refused to budge can I proceed with MCOL now before the 14 days are up. If I do should I write to them with that effect?:-?

 

Any advise or experiences from others please!

 

Ta

[Guest bluecloud]

It's always best to stick to your original timetable.

 

The bank could always suggest that they had a change of heart and were in the process of making an offer that you were likely to accept i.e. the amount you were claiming.

 

By changing you timetable you could be shown to be impatient and unprofessional which, however unlikely, could jeopardise your whole claim.

 

Besides, it's only a few extra days and you get a little more interest when you file.

 

.

[jonni2bad]

The reason for giving them 14 days (on both letters) is actually to show the court you have given a total of approx 1 calendar month to resolve the issue without their intervention.

 

This is the timescale that a court would consider reasonable.

[Guest bluecloud]

Reasonable / Court

 

Sounds like an oxymoron to me Jonni.

 

.

[wicket]

Thanks for the responses - appreciated.

 

It all makes sense now (did you hear the penny drop). As much as I have been following the timescales etc I wasn't 100% sure why the specific timings.

 

I've now tied my hands together and am sitting on them waiting for my deadline to expire - roll on next week!!! I'll also start working on my Capital One cases

 

Thanks again:)

[wicket]

Good grief - I'm really getting into this now - with my new found knowledge I seem to be rather assertive with these companies now, had a couple of excellent phone calls with Customer Service staff lately:grin:

 

Anyway, I thought I'd start looking at my Easycash account whilst I wait for the clock to tick on my LBA deadline. Do you think it would be safer to wait until my cardcash claim is dealt with and hopefully settled first before I proceed with a claim on the other account.

 

I was worried they may want to deal with both in one go and therefore delay my original claim further.

 

Any thoughts or experiences??

 

Thanks

[wicket]

My deadline from my LBA runs out tonight so it's MCOL time!

 

Drafted out the details and pulled off the details from the templates library (jonni2bads version). The wording for the S69 is different to that on the MCOL site - any problems there? Stuck to the templates wording for now.

 

No to Human Rights

Yes to Interest

 

Assuming no response when I get home tonight I shall file this evening.

 

I assume ok to do it after close of normal hours tonight rather than wait till wedneday pm (at work in the day so difficult to do)

 

So near and yet so far!

[wicket]

Phew - done it - MCOL done, copies of schedule of charges printed and to post tommorrow..

 

Aw gawd - is that nerves or a dodgy lunch!!

[wicket]

checked mcol today, issued 11/10/06 and acknowledged 13/10/06 - hope that's not unlucky !

 

i noticed a number of threads say halifax intend to defend - is t is the same as acknowledged??

 

how long has it taken people from this point?

[jamesfunnell]

Hi, looks like I have a long way to go, I'm just sending my first letter of to Halifax requesting list of charges. I'll keep you posted. And good luck wicket!

[wicket]

Thanks

 

Fingers and everything else have been crossed for weeks - seems to take a time but all good things and all that!