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Steve v Halifax **WON**


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Hi all,

 

This is my very first posting so apologies for any mistakes etc.

 

In brief, the Halifax have stung me for £607 in charges (+ a minute amount of interest) over the last six years, which I obviously want to claim back. These charges were made against a current account I have.

 

I'm rather concerned to proceed at the moment though as I also have a mortgage with the Halifax. I wondered if I could expect some repercussions from the Halifax (re. my mortgage) as a result of putting in a claim for the bank charges on my current account?

 

I have a lousy credit rating and the last thing I want to do is to start chasing around for a new mortgage, which was difficult enough last time I remortgaged. For info, I am tied into this mortgage for about another 12 months if I want to avoid redemption charges.

 

Any advice would be welcome.

 

Thanks,

 

Steve

__________________

31/07/06 - PL sent to Halifax to claim back £606.09

04/09/06 - Claim for £854.40 issued against Halifax.

06/09/06 - PL sent to RBS to claim back £577.55

09/09/06 - HALIFAX SETTLED IN FULL !! :grin:

14/09/06 - Response to PL from RBS - No Deal!

15/09/06 - LBA sent to RBS

04/10/06 - No response to LBA, so MCOL to RBS submitted.

10/10/06 - MCOL acknowledged by RBS

 

 

 

 

"I started with nothing, and still have most of it left".

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probably not as they really want you to be in debt with them not someone else!

also i've seen threads about redemption fees so do a search for this there might be something you can do about these too;)

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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:) Thanks CA. Valid point.

__________________

31/07/06 - PL sent to Halifax to claim back £606.09

04/09/06 - Claim for £854.40 issued against Halifax.

06/09/06 - PL sent to RBS to claim back £577.55

09/09/06 - HALIFAX SETTLED IN FULL !! :grin:

14/09/06 - Response to PL from RBS - No Deal!

15/09/06 - LBA sent to RBS

04/10/06 - No response to LBA, so MCOL to RBS submitted.

10/10/06 - MCOL acknowledged by RBS

 

 

 

 

"I started with nothing, and still have most of it left".

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  • 3 weeks later...

Well, I posted my Preliminary Letter on 1st August and I've not received a response of any kind whatsoever from the Halifax.

 

I have proof that they received the letter on 2nd August.

 

I have now prepared the 'Stage 2' letter, the Letter Before Action, which I will send by 1st class recorded delivery tomorrow morning.

__________________

31/07/06 - PL sent to Halifax to claim back £606.09

04/09/06 - Claim for £854.40 issued against Halifax.

06/09/06 - PL sent to RBS to claim back £577.55

09/09/06 - HALIFAX SETTLED IN FULL !! :grin:

14/09/06 - Response to PL from RBS - No Deal!

15/09/06 - LBA sent to RBS

04/10/06 - No response to LBA, so MCOL to RBS submitted.

10/10/06 - MCOL acknowledged by RBS

 

 

 

 

"I started with nothing, and still have most of it left".

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I posted my 'LBA' at 09:30 this morning, recorded of course. I went home at lunchtime and then found a letter on my doormat from the Halifax (in fact I received two letters, both exactly the same!).

 

In it, they acknowledged that they had received my letter of 31/7/06 "in this department" on 14th August and they would respond to it within 4 weeks once they have investigated the points I made. The department sending the letter was Customer Relations.

 

As mentioned in my previous post, I have documented proof that they received the letter at Head Office at 07:20am on 2nd August. They are claiming, therefore, that my letter took 12 days to travel from the point of receipt to the CR dept!! What tosh!

 

Having now sent the LBA, obviously I'm not going to change tack and wait for their response, because we all what it will contain. However, I'm in two minds whether to write to the signatory on the Halifax letter (Paul Williams) to:-

 

a) point out that 12 days is totally unacceptable for an internal mail transfer.

b) to put it to him that they are trying to stall my claim.

c) to inform him that I'm pressing ahead with my right to claim anyway.

 

Finally, I am trying to claim bank charges going back to 30/11/99, which falls outside of the 6 year window. Am I doing the right thing here?

 

The reason why is that between 30/11/99 & 31/7/2000 (the start of the six year window) there are £75 worth of bank charges that I could lose out on. I opened my account in 1999 so in effect I am claiming all charges applied whilst the account has been open. Will I come unstuck by doing this?

 

Many thanks,

 

Steve.

__________________

31/07/06 - PL sent to Halifax to claim back £606.09

04/09/06 - Claim for £854.40 issued against Halifax.

06/09/06 - PL sent to RBS to claim back £577.55

09/09/06 - HALIFAX SETTLED IN FULL !! :grin:

14/09/06 - Response to PL from RBS - No Deal!

15/09/06 - LBA sent to RBS

04/10/06 - No response to LBA, so MCOL to RBS submitted.

10/10/06 - MCOL acknowledged by RBS

 

 

 

 

"I started with nothing, and still have most of it left".

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  • 3 weeks later...

I received a standard response from the Hailfax to my LBA (we'll reply in 40 days blah blah...) and now the second 14 grace period has ended. I'm now progressing with a claim via the Moneyclaim website.

 

However, I'm having trouble with the wording I require to complete the 'claim details' so would appreciate any help you could offer. This is what I have entered onto the online form so far....

 

I have a contract with the Halifax Plc dated XXXX and which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges since the commencement of the contract plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are 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 then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I have repeatedly asked the bank to justify their charges but they have declined to do so.

 

Furthermore, I claim interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 30th November 1999 to 4th September 2006 of £168.18 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

 

Firstly, I'm not sure when I first opened my account and when the contract started, so could I just enter '1999'?

 

My claim is for £606.09 plus interest charges of £168.18, total £774.27

 

Do I have to specify the amount of the claim in the text detailed above, just like the interest is included in the s.69 text? Finally, how do I know what the daily rate of interest is up to the date of judgement, when I obviously don't know when the date of judgement is going to be?

 

Am I just thick. or just very confused? :-|

 

Thanks,

 

Steve

__________________

31/07/06 - PL sent to Halifax to claim back £606.09

04/09/06 - Claim for £854.40 issued against Halifax.

06/09/06 - PL sent to RBS to claim back £577.55

09/09/06 - HALIFAX SETTLED IN FULL !! :grin:

14/09/06 - Response to PL from RBS - No Deal!

15/09/06 - LBA sent to RBS

04/10/06 - No response to LBA, so MCOL to RBS submitted.

10/10/06 - MCOL acknowledged by RBS

 

 

 

 

"I started with nothing, and still have most of it left".

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This is what I put in mine:

 

Claimant has an account with the defendant since 2003 conducted on their standard terms and conditions and is seeking the return of money taken by the defendant in the way of charges over the last 3 years. The Defendants charges are a disproportionate penalty and therefore unenforceable under the Unfair Contracts Terms Act 1977 s.4, the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2(1)(e), and at common law.

 

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. The Defendant has repeatedly declined requests to justify these charges.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 01/10/2003 to 20/04/2006 of £xxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxp.

 

s.69 Interest = sum of charges x 0.00022

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Thanks for your response Tinkerbelle. Appreciate it.

__________________

31/07/06 - PL sent to Halifax to claim back £606.09

04/09/06 - Claim for £854.40 issued against Halifax.

06/09/06 - PL sent to RBS to claim back £577.55

09/09/06 - HALIFAX SETTLED IN FULL !! :grin:

14/09/06 - Response to PL from RBS - No Deal!

15/09/06 - LBA sent to RBS

04/10/06 - No response to LBA, so MCOL to RBS submitted.

10/10/06 - MCOL acknowledged by RBS

 

 

 

 

"I started with nothing, and still have most of it left".

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I received a letter from Gurvinder Gill, Review Manager, Customer Relations giving me all sorts of spiel about how the charges can be justified etc. etc. etc., and offering me a full and final settlement of £73 measily quid! :rolleyes:

 

Up yours me thinks! :cool:

I also received a letter of acknowledgment from the court notifying me of The Halifax's intention to defend the claim.

 

I will respond to GG at the Halifax tomorrow to reject the offer and to inform him/her of my intention to fight on until my claim is settled in full.

 

Steve.

__________________

31/07/06 - PL sent to Halifax to claim back £606.09

04/09/06 - Claim for £854.40 issued against Halifax.

06/09/06 - PL sent to RBS to claim back £577.55

09/09/06 - HALIFAX SETTLED IN FULL !! :grin:

14/09/06 - Response to PL from RBS - No Deal!

15/09/06 - LBA sent to RBS

04/10/06 - No response to LBA, so MCOL to RBS submitted.

10/10/06 - MCOL acknowledged by RBS

 

 

 

 

"I started with nothing, and still have most of it left".

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Already done Tinkerbelle (a few days ago - sent to Jonnni2bad).

 

Thanks for the good luck message. ;)

__________________

31/07/06 - PL sent to Halifax to claim back £606.09

04/09/06 - Claim for £854.40 issued against Halifax.

06/09/06 - PL sent to RBS to claim back £577.55

09/09/06 - HALIFAX SETTLED IN FULL !! :grin:

14/09/06 - Response to PL from RBS - No Deal!

15/09/06 - LBA sent to RBS

04/10/06 - No response to LBA, so MCOL to RBS submitted.

10/10/06 - MCOL acknowledged by RBS

 

 

 

 

"I started with nothing, and still have most of it left".

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Well, well, well.

 

Prior to going out to the post office this morning to send off my response to Gurvinder Gill, I decided to have a quick look at my Halifax account on-line and guess what I found?

 

£854.40 !!!!!!!! :-D :-D :-D

YEE HAA !!!!!

Can you believe it? I flipplin' well can't!

 

I never expected it to come through as quickly as that. After all, it was only 5 days ago that the court issued the claim!

 

Anyway, this happy man is off to the Halifax instead of the post office now, to withdraw the money before they change their minds. What am I going to do with it? I'm going to reduce my Capital One account to a zero balance (£120.00) and the rest is going to be debited to my M&S credit card and, of course, I shall be making a donation to this site also.

 

Thanks to all for helping me resolve this matter. This really is a fantastic site!

 

I'll keep you posted on my claim from the RBS ....

 

Thanks again!

__________________

31/07/06 - PL sent to Halifax to claim back £606.09

04/09/06 - Claim for £854.40 issued against Halifax.

06/09/06 - PL sent to RBS to claim back £577.55

09/09/06 - HALIFAX SETTLED IN FULL !! :grin:

14/09/06 - Response to PL from RBS - No Deal!

15/09/06 - LBA sent to RBS

04/10/06 - No response to LBA, so MCOL to RBS submitted.

10/10/06 - MCOL acknowledged by RBS

 

 

 

 

"I started with nothing, and still have most of it left".

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Well done, I see your claim was issued last Monday. Mine was issued on Tuesday, so here's hoping for a similar speedy payout.:rolleyes:

Charges, my account £2825 and my joint account £1040

 

Prelim letter sent 7-8-06

Received reply 17-8-06

Sent 2 LBA's 21-8-06

Offered £140 on joint account. 30-8-06

Offered £700 on my account. 31-8-06

MoneyClaim issued 5-9-06

Acknowledged 12-9-06

 

Letter from Halifax saying they will pay 15-9-06

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congratulations Steve well done

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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