me v helifax*won*

[HadEnough]

i'm going for the contractual rate too so i'll be watching you closely

[c_allen]

Hi again,

just a quick update, I sent my LBA in on the 10/08/06 for £5,919.29 after they'd added yet more charges! plus the daily rate of £2.89 so i guess i've got to wait untill the 24/08/06. i'm hoping that they try to settle before then and try to get me to accept interest at the 8% s69 as i've read somewhere on here that some bank did with another member, i'm not sure that i'd accept this but it would be a nice position to be in LOL

[c_allen]

Well, i have received my second letter which is the usual reply about them incurring costs and passing them on to the accounts affected rather than PENALISING others ( their words not mine! ). They have offered me £250 as a gesture of goodwill, YEAH RIGHT:mad:. On to the next step now. By the way there was no mention of the contractual interest rate again;)

[Mindzai]

Watching this with interest, I'm currently deciding whether to go for the contractual interest or not, I've only got a day or two to decide before I send my LBA to Lloyds, but I'll be reading up on this as much as I can.

 

Good Luck!

[gbzstro]

Any update to this at all?

[c_allen]

By now it should be a week since i started court action, but the benefits agency have decided that i'm earning to much and have stopped my benefits (leaving me and my B/F to survive of about £100 per week with a £600 mortgage and £150 council tax bill per month) so i have had to put my claim on hold until i can scrape together £250 for the court costs. Sorry to everyone who's watching this thread but it may take a while before i can start my court action, i'm doing a car boot on sunday to try and get the money together but it's a long shot, so fingers crossed i'll not be delayed too long!!

[c_allen]

just a quick update, sorry it's been so long but i've nothing new to add, i'm still skint so can't take them to court yet ( gutted) but at least the interest keeps adding up hopefully i'll be able to carry on with claim next month

[bram stoker]

Hi CAllen,

 

I thought you were done and dusted, we'd seen nothing of you.

 

New spreadsheets in my Chambers now. As you've not claimed in court yet, have you considered contractual interest? Some are winning with this.

[c_allen]

yes i'm already claiming C/I its should be gaining nicely LOL, my b/f just won with C/I against the RBoS not much but it proves that it can be done

[cankster]

im going for contractual rate and am alittle further advandced. You may want to take a peek at whats in store.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank/11164-cank-halifax-2.html

[c_allen]

hi everyone

 

well more problem with this wunch of bankers so any advice would be welcome:)

early in oct i recieved a letter of the halifax saying that i've not to use my account/card, and to repay my overdraft or they'll default me. so i this back

 

I am writing in response to your letter dated 04/10/06 ref ***** telling me not to use my account ****** sort code ****** and to also repay the amount of £140.91.As you should be aware this account/amount is in dispute so i will not be repaying the amount you claim i owe because this amount is made up solely of unlawful penalty charges which i am in the proccess of claiming back through the county courts.As you should be aware you can take none of the actions that you threaten to take in your letter such as issueing a default notice on my credit record or passing my details to a third party company for collections or any of the other threats in your letter.To cover all the points in your letter I have not changed address, there is no need to start court proceedings as i'm saving up the money to take you to court over this amount and more, instructing your solicitors to write to me concerning this alleged arrears as it's made up only of unlawful penalties,do not contact me by telephone i will only correspond through letters, do not visit my home as this dispute will be settled through the courts.

If you do proceed with charging me for any of these i will add this to my already large claim and charge you your own published unauthorised borrowing rate.

I state again that THIS ACCOUNT/AMOUNT IS IN DISPUTE and will be settled in court unless your company wishes to settle it out of court, i have already attempted to do this twice but no serious offer/attempt has been made that satisfies my claim, but i am more than willing to give yor company another chance to repay the money that has been unlawfully taken from my account without the need for court action.

Yours Faithfully

 

i thought that this should be enough, then i recieved another letter stating intent to default so i wrote this back

 

I am writing in response to your letter dated 14/10/06 ref- **** regarding account No ******* sort code ******

In your letter you state that despite several attempts to resolve the very serious arrears on your bank account blah blah.

I will once again answer these issues as a gesture of goodwill-THIS ACCOUNT/AMOUNT IS IN DISPUTE!

If you do not understand what this means please consult your legal department to avoid further confusion on your part.

You say that my card has been canceled,would you please reinstate my card straight away.

If you issue a default notice on my credit record you will be knowingly entering false information and therefore possible libellous information.

 

As stated in previous correspondence the amount you claim i owe is made up solely of unlawful bank charges, so i will not be paying any money into the account until this dispute is settled either through negoitation or though the county courts ( as soon as i can afford the court fees ).

I state again that THIS ACCOUNT/AMOUNT IS IN DISPUTE and will be settled in court unless your company wishes to settle it out of court, i have already attempted to do this twice but no serious offer/attempt has been made by your company that satisfies my claim, but i am more than willing to give your company another chance to repay the money that has been unlawfully taken from my account without the need for court action.

As a futher gesture of goodwill i will enclose a copy of the letter i sent to yourself concerning your letter dated 04/10/06 which i am certain that you recieved as i always take any letters i send to your company into my local branch with a copy which i get date stamped and signed by a member of staff to be sent through your own internal mail system, as i will be doing with this letter

Yours Faithfully

 

now today as i'm prepairing to start court action as i've finally got the cash together i recieved a default notice served under section 87.1 of the consumer credit act 1974.

the terms and conditions of the account state - unless we agree that you can do so, you must not use your account or allow anyone else to use it if this would make your account go overdrawn or over your overdraft limit.

you are in breach of that condition because, without our agreement, you have used your account or allowed someone else to use it so as to make your account go overdrawn.

 

well i haven't used my account and it wasn't overdrawn when i last used it, it's there own bank charges that have made me overdrawn, so how have i breached that condition?

also if they do default me is this libel or defamation of Character and can i add damages to my claim?

[HadEnough]

bump

[c_allen]

well after having a good read around i've decided not to bother about the default yet as it seems that if i did it would delay my refund, so i'll wait and see what happens with a few other threads on the same subject

[c_allen]

ok another silly question, i'm filling in the n1 form but not sure what i put in brief details of claim, any ideas?

[c_allen]

ok i'm thinking of issuing a S.10 Data Protection Act notice but it warns You are advised to discuss it thoroughly on the forum first. why is there something i should know about?

[c_allen]

bump

[Guest bluecloud]

Might be sent a PM to a moderator on this one.

 

 

.

[c_allen]

ok n1 filled in, of to court tommorrow, total value of claim is £6,555.66.

with any luck i'll win before christmas

[c_allen]

hi all

filed at court today[ not as much fun as i'd hoped]. just a quick question, does anyone know of any claims against halifax where there going for the contracual interest [as large as mine] and if so could you point me towards them pleeeaaaaaase

[GaryH]

Mines a smaller claim, but it should give you a good idea of how they respond to the contractual interest part of your claim. Seems so far like they're playing hardball. http://www.consumeractiongroup.co.uk/forum/halifax-bank/42023-garyh-halifax-visa-theyre.html

[c_allen]

OK offer recieved yestreday from Halifax:D .

First some background, heres what i was claiming on the N1 the charges totaled £3,693.00;

 

The Claimant claims interest at the contractual rate of 29.8% per annum, from the date of each transaction to 6th November 2006, which is £2,602.66 as set out in the attached list of charges. The Claimant further claims interest, on the resulting total of £6,296.66 at the same rate up to the date of judgement or earlier payment, at a daily rate of £5.14 per day. The Claimant believes this rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendants interest rate that would be applied under the terms of the above mentioned account.

 

Heres the offer;

It starts with the usual bull, on a purely commercial basis bla bla it would cost to much bla bla, then the interesting bit; For this reason, but without admission of liability, Halifax is willing to reimburse £3662.00 in respect of the bank charges incurred [ should be £ 3,693.00], together with £712.48 in respect of approximate interest that Halifax has calculated was charged on your account as a result of charges [this was nice of them as we'd not bothered to work this out or claim it:cool: ]. The Halifax will also reimburse £250 in respect of the court fee.

The Halifax does not consider that you are entitled to the further £1931.18 that you are claiming. Unless you can provide evidence of this further loss the halifax will file a defence in respect of this part of your claim.[this is whats causing us the dillema. can they withdraw this offer]

please confirm within 7 days.

 

my questions are,

1. does this mean that they will let us have this money even if we continue with the rest of the claim for the contractual interest. just found out NO

 

2.if not could we ring them and ask them to add the s69 8% and the daily interest and not forgeting the £5 S.A.R - (Subject Access Request) fee. TURNS OUT THE £712.48 IS THE S69 although it doesn't say anything like that

 

I'd prefere to go with No1 but I REALLY need this money now so No2 might be the best bet, HELP PLEASE.

 

I've won i think ?????????????:?

[GaryH]

Same letter I got and I told them to sod off. I'm holding out for the lot. I've just linked my thread above, that will probably answer your questions. Feel free to use my response letter if you like. Personally, I don't think its a good idea to accept what they've offered and then pursue the rest. Either take it and run or refuse and tell them full amount of the claim or see you in court.

 

Obviously its your claim and completely your decision - you should'nt feel under any pressure. But, what was the point in claiming contractual interest if you're just going to accept what they calculate is the 8% stat rate?

 

And who cares that "the halifax does'nt consider the principle of mutuality and reciprociy applies"? There opinion is irrelevant - only the judge can decide whether the principle applies or not and its not for them to comment - either pay the full amount of the claim or defend it! Thats what I said anyway.

 

Persistance is the key - you did'nt think they were just going to give it to you did you? I refused THREE (yes, 3!) offers from HSBC before they finally paid up the lot.

[c_allen]

I'd love to hold out and tell them to stick it, but i really need the cash. I'm confused as to the wording as it seems to say that they'll only defend the part of the claim thats the contractual interest so i'm wondering if that means that they'll pay the charges back now anyway, no matter what i decide to do about the rate of interest, if you see what i mean, or am i confusing you as much as i'm cofusing myself.LOL

[purplerain]

Hi c allen, i had the same letter on friday. I am claiming the contractual rate too, it's a lot less than yours. I'm not sure what to do either.

Purple X:)

[GaryH]

Well I can't really add anything to what I have already, but to anyone else reading this thread thinking about claiming contractual interest, I would say unless you plan to see it through - don't.