My mum v Halifax ***SETTLED IN FULL***

[stadium_arcadium]

Hi peeps,

I am helping my disabled mum claim back the thousands Halifax have [edit] from her. She sent them the Data Protection Act and they replied, stating that the "statements have been ordered and will be sent to you under seperate cover at the latest by 14th July 2006." Well that day has arrived and no statements. Mum rang them and their excuse was they must have been lost in the post! They have promised to send them by Monday. Now, how can it take 40 days to produce statements that don't arrive then take a weekend (where they don't work) to get them out again? I can't see them arriving by Monday, I really can't:confused:

 

I am currently in the process of claiming my own money back from Lloyds, and am waiting for their defence, so near enough know what I'm doing. I just wonder if this is the usual stalling tactic from halifax? has anyone else had this happen to them?

 

Good luck to everyone, btw, it's our money, we have every right to it!

 

[MODERATED: Libelous comments removed]

[mechs]

good luck

[stadium_arcadium]

Mums statements arrived eventually, and after a quick tot up they amount to between 5-6 thousand pound!

Please could anyone point me to some threads where there is information on claims this big? I might have to talk her into doing 2 seperate claims, but will keep looking for the pro's and con's of claiming it all in one go.

[jonni2bad]

The thing to be aware of is the potential court costs issue. If the total of charges and any overdraft interest being claimed (not including the 8% interest) is over £5,000 then the case will likely be heard on the fast track, rather than small claims track.

 

The disadvantage, as such, is that should you lose, there are potentially costs to pay for the other side - these would be limited though to around £750.

 

The major advantage is that on this track you will get Standard Disclosure. This means that the court orders the bank to disclose the evidence of their costings relating to charges. They would run a mile.....

 

Experience has now shown us that claims over £5,000 should not be of any more concern than those below it, and many users have claimed back totals exceeding £5,000 (in fact, much more than this).

 

Splitting claims to avoid the track issue also has a potential downside, in that it could be argued by the bank that you had deliberately split the claim to do so (which would be correct) and the 2nd case may be thrown out.

 

If anyone were to split a claim, then the most sensible option would be to make claim one just under £5,000, rather than splitting in half etc. This would limit any potential future loss.

 

I believe the best advice would be to claim the full amount in one go. The cost of starting this claim would be higher, but recoverable of course.

[stadium_arcadium]

Thank you for that very quick reply, Jonni, that information is very interesting, especially about the standard disclosure! I think I will encourage her to go for the full lot.

 

She is in receipt of DLA and income support so wonder if she would be exempt from court costs...will have a look at fast track info today.

Thanks again

[jonni2bad]

In receipt of those, I would think very likely. It may mean a small delay in starting proceedings whilst they check eligibility, but that's no big deal...

[stadium_arcadium]

After seeing/adding up the statements myself, they amount to £4,226, so not over the £5,000 afterall! Mum must have got carried away when adding up lol.

One question... the Halifax have listed all mums charges as "charges as notified", so I can't distinguish between a charge for going overdrawn from a charge for bouncing a DD, so when I send them a schedule of charges, what do I call them?

Any suggestions would be appreciated.

 

Also, they sent statements dated from end Dec 1999, (even though the DPA letter asked for 6 yrs) and between then and July 2000 there is £225 of charges. Could she get away with asking for them back, or would it be best to omit those charges in the schedule and just work from July 2000 ?

Thanks

[MrsR]

If the statement say "charges as notified" i think it's ok to put that on the schedule - but I stand to be corrected

 

For your info, unpaid items are currently £39, prior to that £35 and if i remember rightly, prior to that £30 per item (no more than 3 on anyone day - so kind of them). Overdraft charges are currently £28 - sorry I can't remember what they were before that - as far as I remember though, they've always been lower than unpaid items.

 

Hope this helps! Good luck

 

MrsR

[stadium_arcadium]

That does help, thanks very much:D

She has lots at £28, £30, a couple of £39, and quite a few at £20 and £25. (the £20 stopped in 2004) Amazing how it all adds up!

[jonni2bad]

Hi again

 

The "charges as notified" is exactly what I referred to them as on my spreadsheet, and they were never challenged. If they wanted more info, they should have supplied more info to us in the first place.

 

I'm glad they sent you charges beyond 6 years. The thing to take note of is that, although there is a Statute of Limitations Act which would normally 'limit' your claim to 6 years, this would be negated if you could show a judge that either (a) they had deliberately concealed information from you that the charges were unlawful, or (b) that they had not known themselves, that the charges were unlawful, and it had thus accidentally withheld it.

 

This is something that has only recently been challenged by users, since the concealment issue was not previously known. It doesn't mean that we definitely are right, or wrong but we do feel as though this is an issue worth challenging in court.

 

If you did claim beyond 6 years, and it really did go before a court (personally, I still can't see this happening...), then your claim for the 6 years would be a separate issue to the limitations part. If you lost the argument on the 6 years rule, your argument on the unlawful charges inside 6 years would still stand - remember, they have not defended themselves....

 

All I can say at this point is that if it were me, I would go for it. Feel free to read through the forums and check other opinions.

 

Also, see this thread by BankFodder

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/3805-can-i-claim-back.html

[stadium_arcadium]

Thanks again, Jonni, for your help, will keep those charges in the schedule, and see what happens.

Mum lives in a different town to me, so I have emailed her the next letter she needs to send. Will check she has done so, then sit back and wait for the usual sod off letter lol.

[stadium_arcadium]

Update:

 

Mum posted the request for charges off on the 27th July, under my instructions. I don't think she believes any of this will work, though I'm sure she will change her mind WHEN I get my money back from Lloyds

[stadium_arcadium]

Mums had her 2nd sod off letter today, offering a refund of £352.00 of charges in full and final settlement. I have advised her to accept it as part payment and that she will still persue them for the remainder. Why don't they just pay up, before the interest gets added, it's beyond me!! Would save themselves thousands!

[jonni2bad]

... Why don't they just pay up, before the interest gets added, it's beyond me!! Would save themselves thousands!

 

Just in case they come across someone desperate for the money..

[stadium_arcadium]

Well, after a week or so delay in getting her proof of DLA for the courts, I handed mums claim over to the court today:-)

[jonni2bad]

Best of luck

[stadium_arcadium]

Thanks Jonni

Mum had a letter yesterday, offering her £1064 as full and final settlement. Will it hurt to ignore it or should she write with the usual acceptance as part settlement? I don't think they were aware that her claim had gone in when they sent it.

[stadium_arcadium]

Claim deemed served 15th Sept 06

Claim no 6CF07186

[stadium_arcadium]

Mum has been offered FULL SETTLEMENT by letter this morn, her money will be going in the bank within the next 5 days. I will have a look at her offer and check it over later today.

 

WOW, can't believe it was so quick!!

[Sazzle74]

Fantastic - well done

[stadium_arcadium]

Thanks Sazzle:D I want to wish everyone else such a speedy pay out too:)

 

The money went into mums account today, £5,170.21 could someone change the title and put ***WON*** in please?

 

Will fill in the survey on her behalf, and a donation will be on it's way as soon as she gives my hubby the money to put in his paypal accout.

 

Thanks to everyone for your help and advice. BIG IT UP FOR THE CAG!!!!!

[Brad Smith]

excellent news well done

[Lucycat]

Fantastic news - looks like today has been a very eXpensive day for Halifax...heh!

 

Well done you! :O)

 

Lucy.

[stadium_arcadium]

Thanks guys

 

Mum made her donation today, and asked me to pass on her thanks.

Now she can have a new cooker for the first time in 30 years

[jonni2bad]

CONGRATULATIONS

 

Don't forget our SURVEY too...!