Gollie v Halifax ***SETTLED IN FULL****

[Gollie]

Ok i have never really had any problems with my bank charges until last month when i got charged £150 quid for going overdrawn about 50 quid. So I sent my pre lim letter. Then on the 10th day hsbc sent me a letter offering me £90.00. I am declining i basically just want to know if this letter would be ok to send.

 

 

Dear Sir/Madam,

 

 

Thank you for your letter dated 18th July 2006 offering me £90 of my total claim of £150.00. Unfortunately I am not willing to accept this sum and I am continuing to claim for the full amount.

 

It has now been 14 days, and I have not received any notification of when you will be refunding my charges in full.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. The charges that you applied to my account are unlawful under common, statute and contract law.

I am frankly shocked that you have operated my account in this way, as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

To clarify my request: I calculate that you have unlawfully taken £150 from my account between 21st June 2006 and 28th June 2006.

 

I require repayment in full of £150 for the charges that been unlawfully levied from my account. Additionally I have recently become aware that a further charge of £28 is due to be unlawfully taken from my account on 31st July 2006. If this charge is levied from my account before my claim is resolved then I will revise my claim to recover this additional charge. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit license under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

Yours faithfully

[Bookworm]

Well, looks like one of ours, so I'd say it's fine, yes, lol.

 

.

[Gollie]

Well, looks like one of ours, so I'd say it's fine, yes, lol.

 

.

 

Great!

 

If anyone can recommend anything. Please dont hesitate to add

[Gollie]

Ok well i sent them my LBA which refused the offer for £90 it also added that there are further charges to be applied on such and such dates and if these charges are not refunded before this case is resolved i will be revising my claim. Now they have 7 days left to reply to my LBA.

 

These charges have now been applied increasing my claim by £148 suming it to a total of £298. Should i send a small letter just notifiing them that i have revised my claim or should i just wait to see how they reply.

If so what letter do you recommend

 

Below is a copy of the last letter i sent them which was dated 28th July

 

Dear Sir/Madam,

 

 

Thank you for your letter dated 18th July 2006 offering me £90 of my total claim of £150.00. Unfortunately I am not willing to accept this sum and I am continuing to claim for the full amount.

 

It has now been 14 days, and I have not received any notification of when you will be refunding my charges in full.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. The charges that you applied to my account are unlawful under common, statute and contract law.

I am frankly shocked that you have operated my account in this way, as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

To clarify my request: I calculate that you have unlawfully taken £150 from my account between 21st June 2006 and 28th June 2006.

I require repayment in full of £150 for the charges that been unlawfully levied from my account. Additionally I have recently become aware that a further charges to be taken from my account. £28 is due to be unlawfully taken from my account on 31st July 2006 and also four charges of £30 are due to be taken out on the 31st July 2006. If these charges are levied from my account before my claim is resolved then I will revise my claim to recover these additional charges. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit license under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

[Gollie]

Ok well i sent them my LBA which refused the offer for £90 it also added that there are further charges to be applied on such and such dates and if these charges are not refunded before this case is resolved i will be revising my claim. Now they have 7 days left to reply to my LBA.

 

These charges have now been applied increasing my claim by £148 suming it to a total of £298. Should i send a small letter just notifiing them that i have revised my claim or should i just wait to see how they reply.

If so what letter do you recommend

 

Below is a copy of the last letter i sent them which was dated 28th July

 

Anyone?

[Michael Browne]

You've already warned them about these additional charges in your letter.

 

Don't wait for a reply, file at moneyclaim for the whole amount.

[Gollie]

There are two days to go til the lba deadline is up!

 

I phoned the bank to see if they had recieved the letter ok they said yes they are looking in to it now. They are reviewing it and should respond within a few weeks.

[Gollie]

Customers.

 

From what you have read in this forum what would you say halifax's standard proceddure is for these cases. Do they wait until a claim has been filed and then offer. Or do they settle before the 14 days from lba is up. Do they be awkward and settle 2 days after LBA is up. Do they only offer a small percent?

 

I am just trying to gather as much information up as quick as i can.

 

Thanks

[4kidsat147]

From what I've read, they only settle once you've sent it to court......the amount of days after varies.

[Gollie]

Ok 14 days is up and now prepared to take it to court. Can someone please advise me on how to do this and what is the best way around it. I have sent them the LBA 14 days expired on friday. I am fully prepared to file for a claim

[Gollie]

There were more charges applied to my account during the 14 day timescale. I was going to send this courtesy letter just letting them know of the revised amount.

 

14th August 2006

 

Dear Sir/Madam

 

I have previously contacted yourselves regarding unlawful charges that were applied to my account summing a total of £150. Since then however there have been more charges applied to my account which have led for me to revise my claim as stated in my previous letter.

 

There were two charges applied to my account. One charge of £118 was applied on 31st July 2006 and another charge of £30 applied on the 3rd August 2006. Which has led to me revise my claim, increasing the total amount to £298.00

 

As a courtesy, I am willing to extend my deadline by a further 7 days before issuing my claim to the County Court. If you do not comply fully within 7 days then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

 

As I have stated in my previous letter, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

Yours sincerely

 

 

 

 

Is this recommended or better left alone and just to continue with filing a claim.

[Gollie]

Is there anyone around to offer any advice? I am also just on the money claim site just having a look around starting the claim just getting a better understanding of money claim and find out how much my claim will cost. At the moment i do not have the money to file for claim. But what are halifax's details such as address and full organisation name.

 

Need a bit of help with the site.

[Gollie]

. .

[Michael Browne]

Forget the letter, you've already given them 28 days. File at moneycalim for £298.

Registered offioce: Halifax Plc, Trinity Rd, Halifax, HX1 2RG

[Gollie]

Claimant has account ******** with Defendant

from 2003 conducted on their standard terms

and conditions. Claimant is claiming the

return of £298 taken by Defendant in charges

since 21st June 2006. The Defendant's charges

are a disproportionate penalty and therefore

unenforceable as they are contrary to common

law. They are also 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 they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15. Defendant has declined

justification of charges despite repeated

requests.

I am not goign to claim for interest as its only been a month and is only 2 quid so im not bothered.

 

Is the above correct to put in the particulars of the claim. Also the question were it asks does my claim include any issues under the human rights act. I have ticked no is this correct.

 

I am also claiming for a total of 298.00

 

Can someone please clarify that the correct address i put for the defendant is Halifax Plc, Trinity Rd, Halifax, HX1 2RG

 

Thanks

[mechs]

I am not goign to claim for interest as its only been a month and is only 2 quid so im not bothered.

 

Is the above correct to put in the particulars of the claim.

Yes

 

Also the question were it asks does my claim include any issues under the human rights act.

 

I have ticked no is this correct.

 

thats correct

 

I am also claiming for a total of 298.00

 

Can someone please clarify that the correct address i put for the defendant is

we used HBOS PLC, Legal Services-Retail Division, Trinity Rd, Halifax, HX1 2RG

 

Thanks

mechs

[Gollie]

Ok i am ready to file for a claim now, i am sick of the letters now want to get it going properley.

 

Will it make any difference if i dont file for a claim instantly. Will it make any difference if i wait a week

[mechs]

no difference at all its up to you when you claim but the sooner you file the claim the sooner you get your money

[Gollie]

I was going to file for a claim on money claim on friday. However its come to my attention that two further charges come out next week totalling 60 pound. Am i allowed to just add that on next week when it comes out, should i let the bank know etc?

[Gollie]

Ok here is the situation i am at, at the moment. I have no money to file for a claim until the 25th august when i get paid. Also there are two additional charges to come out next week. I am also not going to be living in the address the bank have for me for the next three weeks so i can not recieve any mail they send to that address.

 

So i have decided to send this letter to the bank. Is there anything anyone can recommend i can do to amend the letter to make it better.

 

Dear Sir/Madam

 

I have previously contacted yourselves regarding unlawful charges that were applied to my account summing a total of £150. Since then however there have been more charges applied to my account which have led for me to revise my claim as stated in my previous letter.

 

There were two charges applied to my account. One charge of £118 was applied on 31st July 2006 and another charge of £30 applied on the 3rd August 2006. This has led to me revise my claim, increasing the total amount to £298.00.

 

There are also two more charges totaling an additional £60 to be deducted from my account on the 23rd August 2006. If these charges are applied to my account then I will once again be revising my claim to cover for the additional unlawful charges.

 

As a courtesy, I am willing to give yourselves to the 24th August 2006 before I issue my claim to the County Court. If you do not comply fully before that date then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

 

To clarify: If I have not received a full refund totaling £298.00 before the 24th August 2006 then on the 25th August 2006 I will be filing a claim for the full amount plus interest, plus my costs and without further notice. In addition to the £298.00 if any other charges are applied to my account before the 25th August then I will revise my claim to include the additional charges. This includes the charges due to come out on the 23rd August 2006 for £60.

 

As I have stated in my previous letter, I shall also submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit license under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

If you have any correspondence you wish to send to me regarding this matter then can you please send it to the below address as access to my previous address is unavailable for the next three weeks.

 

 

 

*****

*****

 

*****

 

 

Yours Sincerely

Any help is greatly appreciated

[Brad Smith]

just an aside, but you mentioned HSBC in your opening message, just checking you're in the correct section....

[Gollie]

just an aside, but you mentioned HSBC in your opening message, just checking you're in the correct section....

 

Yes dont worry, i have two accounts im dealing with at the moment so i can sometimes get confused. HSBC paid up relativly quickly halifax however seems to be going on forever.

[Gollie]

If anyone can just quickly check my thread in the gollie vs halifax thread. Can anyone give any advice on sending wether i should send that letter or not. Sorry for posting again but i will have to post it today if im to post it.

 

Thanks alot

[MARTIN3030]

Why you need to post this here is not clear.......you could have posted this in your thread !!

 

Your request for mods to look at the letter ???

 

 

Forgive me for sounding rude but you have already had several opinions on your letters.......and if the mods spent all their time checking everyones letters ............

 

For the record it looks ok.......but please read the faqs a little more and get some insight from other threads too.

I understand you may want to be more than careful but you will satisfy yourself on this point by just looking around the site a bit more.

[Gollie]

Why you need to post this here is not clear.......you could have posted this in your thread !!

 

Your request for mods to look at the letter ???

 

 

Forgive me for sounding rude but you have already had several opinions on your letters.......and if the mods spent all their time checking everyones letters ............

 

For the record it looks ok.......but please read the faqs a little more and get some insight from other threads too.

I understand you may want to be more than careful but you will satisfy yourself on this point by just looking around the site a bit more.

 

Thanks for you help but nobody has stated anything regarding the letter and i have to post it today if its to be posted hence why i needed a response today. Thanks for your help tho