Rob v Halifax

[rob14973]

Hi

 

 

Im in the process of putting together my prelim letter to the halifax.

 

In the letter do i put both ,charges and the interest owed in this letter or just the charges?

 

In the schedule template it lists examples of why u have been charged but on my statements it gives no reason apart from Charges as notified. So do i put charges as notified or do i have to contact Halifax to get the fine details.

 

Thankyou for the help

 

Rob

[zootscoot]

Hi Rob,

 

In your preliminary letter you can add the contractual rate of interest. The statutory 8% you can not claim until you mae your court claim.

 

The Halifax are notorious for being vague about their charges. Just write charge in your spreadsheet. In the unlikely event the court queries it show them the statements you received and the fact that the are unclear will be counted against Halifax.

 

You might want to start a thread in the Halifax forum for specific questionsand to keep us upadated with your progress. This is more of a welcome forum..... So Rob .... Welcome to the forum!

 

Zoot

[rob14973]

Hi

 

Couple of quick questions before i send my prelim letter.

 

1. On my schedule in respect off column i have inputed the word charges. On my statements its says charges as notified will this effect my claim?.

 

2. Should i include my interest as the prelim letter says or should i leave it out till the courts.

 

3.My claim will be £7069 without interest would it be better to go for the lot or break it down in two halfs by using a date range.

 

Thanks in advance

 

Rob

[Michael Browne]

1. On my schedule in respect off column i have inputed the word charges. On my statements its says charges as notified will this effect my claim?.

That's fine

2. Should i include my interest as the prelim letter says or should i leave it out till the courts.

There are 2 instances of interest you can claim:

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

Vampiress has a spreadsheet, (the 2nd one), in the bank templates library, which attempts to calculate this

It's quite complex and unless your claim is large often doesn't amount to that much, so for simplicity's sake, some people don't bother

This is the interest referred to in the preliminary and LBA letters.

2. S69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

 

3.My claim will be £7069 without interest would it be better to go for the lot or break it down in two halfs by using a date range.

 

 

 

 

2 claims - 1 nearly £5000 and 1 of £2000 odd. Don't start the second claim until the first is settled or they may be 'joined' and taken out of the small claims track.

 

Or as 1 claim in the fast track. Advantage is that you can demand disclosure

by the bank of their breakdown of costs to justify their charges. Disadvantage is that you are open to much higher costs if you lose. However the chances of the claim actually reaching court are minimal.

[rob14973]

Thanks for the reply.

 

Update

 

I have broken my claim down to two parts to keep under £5000 prelim sent to Halifax bank recorded post so tick tock.

[p williams]

Add the 8./., make them know you are serious from the start. Make your threats and stick to them. This is a big day for me. I found mysekf wandering what the hell I was doing sometimes, taking on the Halifax, especially when I took County Court action and the said they would represent. Here I am 2 weeks later with a letter in my paws, o joy o laughter, they are paying up!! N interest, n court fees. Thats £2007.19 ! I want to take this opportunity to tell everyone to go for it, go all the way. Feel the fear n do it anyway. I want to thank the consumer action group for my potentially large winter holiday on my hubbies bank charges - the dirty secret thats payed me handsomely! Write them the kind of dirty threatening letters they write you, go on its empowering x

[rob14973]

Thanks , believe me they will pay after treating me like poo for the last four years.

[rob14973]

Hi everyone

 

 

Quick update. Today is the 16th August and Halifax deadline to reply to my prelim letter has expired. So i will now been sending the LBA to try and kick start them into action.

 

Thanks

 

Rob

[rob14973]

HI

 

Quick Question.

 

The account in question is a joint account. On the bottom of the letter i have been putting my name only and not the wifes does this matter?

 

Thanks in advance

[Michael Browne]

That's fine, as long as only 1 signatory is needed to sign cheques

[rob14973]

Thanks 4 the reply.

 

Also i have know recieved the standard letter from the Halifax. Do i now use the standard letter for the LBA. Or do i change the wording to I am disappointed with your response to my letter off the 'date'.

 

 

THanks

 

Rob

[rob14973]

Sorry Ignore my last post

 

I have had to break my claim down into 2 claims to keep it under £5000. When is it the best time time to send for the second claim so they dont get put together.

 

Cheers

[Michael Browne]

I have had to break my claim down into 2 claims to keep it under £5000. When is it the best time time to send for the second claim so they dont get put together.

 

 

Not until the first claim is settled.

[rob14973]

OK thanks for that.

 

It looks like i will filling a court claim very soon the total i am claiming is just under £5000. With the interest added it will go over £5000 does this mean i will have to pay more for my court costs.

 

Cheers

[Michael Browne]

Yes, if the interest takes over £5000, court fees leap to £250

[rob14973]

Oh well it wont frighten me away from getting want i deserve.

 

Thankyou

[rob14973]

HI

 

Received a letter from Halifax today saying i should keep enough money in my account to cover all transactions blah blah blah

But as a gesture we will offer a one of payment of £800 as a full and final settlement.

 

Ok im due to file a court claim on monday so not sure how to respond to their offer.

 

Do i send them a short letter saying i will accept the £800 on the condition it is only a partial payment as i will continue to pursue the rest of the claim

 

Do i continue with the court claim on monday or do i give them time to respond to my letter?

 

Thanks

 

Rob

[rob14973]

Any suggestions any1

 

ROb

[rob14973]

please?

[Michael Browne]

I would ignore their letter, it's too little,too late. Filing at moneyclaim will give them your answer.

[rob14973]

Thanks mate i will do it Monday

 

Rob

[ROB_5]

Agreed, although i did send a letter thanking them for the offer but it would only be accepted as an interim payment and i will continue to seek the rest back through the court if neccesary.

 

Then continue as your original time scale.

 

Rob

[rob14973]

Hi Thanks for replys

 

Question on money claim form

 

When u click, do u want to claim interest a pop box appears saying the following

 

The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from date to date of £ (Is this the 8% of total claim or the total amount of claim without 8%) and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of Amount sorry for been thick i cannot get my head around what to put in.

 

Thanks

 

Rob

[rob14973]

Also do i click the human rights tab? I have seen it mentioned before but i cannot find.

 

Cheers

 

Rob

[Michael Browne]

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).

Tick no to Human Rights.