Stacey V Halifax

[stacey]

Hi

 

Just started process - Have been told by my wife that the unhappy postman has just delivered 52 letters from the Halifax - Have to wait for me to get home to total up

[strude]

Hi

Now the fun begins.

Be sure to read the FAQ area and as many threads as you can, this has to be done the right way.

Good luck to you.

[stacey]

Hi strude

 

Thanks, i have & will continue to read the FAQs & threads, it seems a bit silly to me when people ask sooo many questions without reading the available FAQs & threads first.

 

Bit sad I know, but I'm excited just thinking about getting home & totalling up all those statements

[stacey]

Looked thru my statements,

£2575(+£270 over 6 years) for account1,

£108 for account2.

 

Halifax have sent me statements for

account1 going back to 1998 and account2 to 1994,

I HAVE read the FAQs,

Can anyone suggest the advantages/disadvantages of claiming for more than the last 6 years

(except of course the obvious advantage of getting even more of MY money back from the EDIT ********)

And how do I fill out a schedule of charges ?????

 

**Moderator note, post edited due to some libelous content.

[strude]

Go get 'um stacey.

hope you got my reply to your PM.

[stacey]

Yes I did, Thanks Strude

[jonni2bad]

...I HAVE read the FAQs,

Can anyone suggest the advantages/disadvantages of claiming for more than the last 6 years....And how do I fill out a schedule of charges ?????

 

Schedule of charges - have a look in the Templates Library, there are several version available, in Excel / Works etc.

 

You just input the charge name, date and amount and it works out the total for you, but will also show you the 8% interest which you can claim if your case reaches court.

 

6 year ruling - Well, this is somewhat unchartered territory for us, since most people have to rely on the list of charges (or copy statements) that the banks supply, which is usually just 6 years worth, so there are not many who have even attempted to look at this possibility.

 

We are of the opinion that the statute of limitations act (which would otherwise prevent you from claiming back beyond 6 years) is negated by the fact that the information (that charges were unawful) was either deliberately withheld from you, or that is was not known to the bank and thus was 'accidentally' withheld, but either way there is no real possibility that you could always have known you could reclaim them, so the 6 year rule can not apply.

 

This arguement has not been tested in a court - but neither has the issue of charges in general, so that doen't mean anything - so it is now up to to you... would you like to test the law, or are you primarily concerned with getting back the money you 'know' you can?

 

Let me add, this is by no means a ploy to suggest you might not be up for a fight - this is absolutely no pressure from us to push this issue, every individual has to work out what is best for them. I have read of users being paid sums that go beyond 6 years, but these were settled out of court again.

 

The disadvantage is obvious - you would really have a fight on your hands as the banks could pay you for the 6 years and leave the only argument as being the statute of limiations, and you would probably face them in court over this issue, which is clearly not everyone's cup of tea.

 

Have a read of these threads

 

http://www.consumeractiongroup.co.uk/forum/legalities/11227-limitation-act-1980-lets.html

 

http://www.consumeractiongroup.co.uk/forum/general/3598-do-you-have-charges.html?highlight=years

 

Also go to the Limitation Act 1980 which linked in the statute library. have a brief look through the Act and pay special attention to s.32 (1)(b)

[stacey]

Thanks for the reply jonni2bad

You really cleared that up for me

FYI - the amount I could reclaim outside of the 6 years is £250, the amount within the 6 years is £2575 - me has to think, i think

[stacey]

Hi all

 

Received 2 letters from the Halifax yesterday:

 

1) Goodwill gesture of £261 for a claim of £2700 - er.... No Thanks

 

2) Goodwill gesture of £108 for a claim of £108.....

 

I guess I should accept their kind offer of a full settlement for the smaller claim then?????

 

As my better half said "Tell them you will accept the £108 & tell them you will use it to pay the court costs for the bigger claim"

 

But seriously, I am guessing that if I accept the £108 it will have no bearing on the bigger claim, I don't want to accept it if they are playing tricks with me & I unknowingly mess up the bigger claim??

 

HELP APPRECIATED

[jonni2bad]

Just as long as you keep your wording straightforward...

 

I accept the offer of £108 as settlement of the claim against account number XXXXXXX but I am only prepared to accept the sum of £261 as a partial settlement against the claim on account number xxxxxxxxx and will continue with my claim for the remainder.

 

Something along those lines........

[Tibbs]

Hi

 

Just started my war with Halifax, still waiting on my statements, they have got till March 20th to send them to me. Sent mine to Miss L Lumb of Retail Business Risk,HBOS PLC, Trinity Road, Halifax. Has anyone a tel number for this lady at all, incase I need to call.

 

Thanks in advance

 

8-)