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

[jonni2bad]

Fine - send it to;

 

HBOS Legal Service - Retail Division

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

If they don't stop these charges, include them in the claim

[jonni2bad]

ALSO - 3 threads merged in relation to this Halifax claim.

Please do not start separate threads for every query.

[Gollie]

Fine - send it to;

 

HBOS Legal Service - Retail Division

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

If they don't stop these charges, include them in the claim

 

Ok i will send that letter to that address, as opposed tot aking it to branch and getting a receipt. How come its better to send it to that address rather than the branch do they have a higher power to refund the charges etc etc.

[Gollie]

Ok finalised letter due to be sent out first class tomorrow, not sure wether to do it recorded or not

 

**********

**********

*****

 

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

18TH August 2006

 

SORT CODE: ********

ACCOUNT NUMBER: ********

 

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 has led me to revise my claim as stated in my previous letters.

 

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 me to revise my claim, increasing the total amount to £298.00.

 

There are also two more charges totalling 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 totalling £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

 

 

[MARTIN3030]

In answer to your question

 

You are about to begin/are suggesting there is a possibility of,legal action against your bank therefore you must send recorded so that you have proof of both posting and delivery.

 

Secondly,as legal action threats cannot be dealt with at branch level,it would be forwarded to customer relations anyway,so its much easier for you to send it to H.O.

 

Letter is clear enough.

[Gollie]

Ok i sent that letter 7 days ago and still no response will be filing for a claim tomorrow. Now however i went the house that halifax has my original address for and there is a letter dated 14th August offering me £150 when the claim had been revised to £298. Since i did not know it was there i didnt respond and just carried on with the next letter saying they have a further 7 days. There letter offering £150 also states that "they reserve the right to close your account if you do not manage it correctly."

 

Should i just carry on with filing for a claim or do i need to respond to that letter. Whats the best step for me now.

 

The full claim now is £358.00 with a further £30 due to come out tomorrow and probably another £60 within a week. Should i send them a letter refusing the £150.00 for the claim of £358.00 even tho when they offered it was only £298.00. Or should i send them a letter stating that i refuse the offer for £150.00 for the £298.00 and remind them that my claimhas been changed to now £358.00.

 

I wanted to give the bank the chance to refund it out of court should i give them another chance reiterate that it is now £358.00 with further charges to come out and im not prepared to accept £150. I was going to jsut send them a letter saying that and tell them that i will be filing for a claim with immediate effect.

 

Any help appreciated thanks.

[Michael Browne]

I wouldn't bother replying to their letter. If you hold off filing for a week you can include the new charges and file a claim for £448.

[Gollie]

I wouldn't bother replying to their letter. If you hold off filing for a week you can include the new charges and file a claim for £448.

Yes what I cant decide whats best to do. Wether to send this letter.

 

Dear Sir / Madam

 

I have recently received a letter offering me £150.00 of my total claim of £298.00. However I would like to reiterate that I will be requiring the charges in full and therefore I am declining this offer.

 

I would also like to remind yourselves that there have been two more charges applied to my account one for £30 on the 21st August 2006 and another for £30 on the 22nd August. This has led me to revise my claim now to £358.00

 

As a courtesy, I am willing to give yourselves a further 7 days 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 £358.00 before the 5th September 2006 then I will be filing a claim for the full amount plus interest, plus my costs and without further notice. In addition to the £358.00 if any other charges are applied my account before this matter is settled then I will revise my claim to include the additional charges.

 

As I have stated in my previous letters, 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

Or to just wait a week and ALL charges will of been applied then i can just claim for the lot and get it all sorted at once.

[Gollie]

Anyone got any advice, on what i should do next, thanks

[Michael Browne]

I wouldn't bother replying to their letter. If you hold off filing for a week you can include the new charges and file a claim for £448.

Same answer

[Gollie]

OK thanks mate thats what im going to do, im going to file for a claim next week when all the charges are out. Will the fact that ive told the bank i will be filing on the 25h august and i wont be til around the 5th september make any difference?

[Michael Browne]

None whatsoever, you can file tomorrow, next week, next month, what suits you.

[Gollie]

Thanks everyone for your help and advice so far very helpful.

 

 

My next step is basically to file for a claim. Will be doing so next week!! I have worked it out and at the moment I will be claiming for 388 Pound. Plus interest which is 3.71.

 

There are more charges comingout next week so i am not touching my account until every charge has come out so i can work it all out again just to make sure i ahve it all correct and then i will be filing for everything.

[Gollie]

I am just having a look around on the money claim site, has anyone got a good "Particulars of the claim" That i can use please. I would be very grateful thanks

[Michael Browne]

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. 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. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

[Gollie]

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. 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. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

 

Thanks mate! I am not going to file for interest because its only since june and its only worth something like 2.90. Should i leave the bit if highlighted out because of this? Thanks again

[Michael Browne]

Yes, just delete it.

[Gollie]

I still havent filed for this claim yet. Totally forgot all about it.

 

It charges now stand at £569.81 that includes interest. If i file tomorrow for the claim will i have any problems because ive left it a month later than scheduled partly due to not getting paid last month.

[Michael Browne]

No problem, but look here for revised POC:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-money-claim-line-mcol.html

[MARTIN3030]

Its 8 weeks before the bank considers case closed so you should be ok.

[Gollie]

Ok i have not stuck to my guidelines purely because when its come to filing for a claim i just havent had the money. But im going to send this letter again before a file for a claim. Can anyone see any problems or recommend anything thanks alot.

 

Dear Sir/Madam

I have previously contacted yourselves regarding unlawful charges that were applied to my account. 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 to £714.00.

 

I previously spoke to an agent regarding this matter and was told sometimes it can take up to 8 weeks for yourselves to reply to these matters. So to give yourselves time to review my charges and the law, I decided to wait until the 8 weeks was up before issuing my claim at the county court.

 

I now feel as though I have given Halifax Bank long enough to refund me the money that is rightfully mine. I will now be proceeding with a court claim unless my money has been refunded into my account within 7 days from the date of the above letter. If any other charges are applied to my account before this matter is settled then I will revise my claim to cover any additional unlawful charges.

 

To clarify: If I have not received a full refund totaling £714.00 before 3rd November 2006 then I will be filing a claim for the full amount plus interest, plus my costs and without further notice. In addition to the £714.00 if any other charges are applied to my account before this matter is settled then I will revise my claim to include the additional charges.

 

As I have stated in my previous letters, 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

[Gollie]

Can someone please help, would it be better if i sent the above letter today, or just file for a claim tomorrow?

[the_kudos]

I am perhaps not the best qualified person to help but can I ask what this letter is about? Is this after your LBA?

 

I think you need to pull your finger out because you are making threats to the bank and not sticking to them - This is exactly how the bank want you to act.... I filed my MCOL on Sat even though the deadline I set was Friday. The bank say they will consider the case closed after a period of 8 weeks so you really should just file the MCOL. Once you get into the mindset of 'i'll do it tomorrow, it usually never gets done' (from personal experience)

 

Have you also read the FAQs? They are there for a reason and if you are serious about getting your money back you should have read them thoroughly.

[Gollie]

I am perhaps not the best qualified person to help but can I ask what this letter is about? Is this after your LBA?

 

I think you need to pull your finger out because you are making threats to the bank and not sticking to them - This is exactly how the bank want you to act.... I filed my MCOL on Sat even though the deadline I set was Friday. The bank say they will consider the case closed after a period of 8 weeks so you really should just file the MCOL. Once you get into the mindset of 'i'll do it tomorrow, it usually never gets done' (from personal experience)

 

Have you also read the FAQs? They are there for a reason and if you are serious about getting your money back you should have read them thoroughly.

 

Thanks for your help, i have read the FAQS. The threat i made was if i havent recieved the money i will file for a claim. But i could not file for a claim because i did not have the money. I have the money now and i am ready to file. But i was just checking if anyone else thinks i should either send the bank a letter just letting them know that i am filing for a claim as i gave them 8 weeks to reply and have still heard nothing. Or if i should just file for a claim.

[MAGZY]

Gollie,

 

File the money claim online claim today. You are acting in precisely the way the bank want you to do by not going to court.

 

At the moment letters mean nothing to the bank and the financial ombusman is a red herring with these charges.

 

Take it to court and you WILL get your money back - even before a hearing. they may file a defence but this is standard procedure these days and they will usually end up dragging it out to the last minute but they will not defend it.

 

They will certainly try dragging it on if you seem to be fannying around.

 

Write letters threatening court and you WILL be ignored.

 

Action speaks louder than words!!

 

 

M