mel v halifax starting out **WON**

[meltoadhall]

hi all

ok sent the letter and recieved all the statements - in seperate envelopes goodness knows what the postman thought!

adding them up is fine, do i put on unauthorised overdraft charges on too? can someone tell me what the schedule of charges should look like? is it the spreadsheet?

am i doing this right?

thanks

[thewifeandI]

Hi - any charges that are associated with payments made/not made due to insufficient funds and unauthorised overdarft fees. You can use the spreadsheet to list the charges and total them up for you. Check and recheck the FAQs to make sure that you understand what you're doing to get the best out of this site.

[meltoadhall]

hi

about the interest charges? when the spreadsheet says "account balance at interst date" which date is this? the date the interest came out because i dont have any other date? the statement just says interest debited notified last month.

sorry if its an easy answer i dont do numbers well.

[thewifeandI]

Hi Mel - with Halifax you have to look at what they call the interest debited. If it says just that, then enter the lowest balance (highest overdraft) since the previous interest debited. If it says Interest debited as notified (or similar), then go back a month and do the same thing (from the date of the previous interest debited backwards to the one before that). Enter the date of interest debited as shown on the statement (not the date of the balance used, but the date the interest was taken).

[meltoadhall]

ok filled in the spreadsheet and the letter a whopping £2170.86!!!!

and into the post it goes.

[meltoadhall]

well nothing except the standard letter so the lba is going in the post tonight

[meltoadhall]

update. got a letter offering £150. I dont think so..............

Is there a template letter somewhere on here that shows me how to word it so I accept the money but not as a full and final settlement. Does it need to be a legal statement i have to send, then i can use the £150 to take them to court to get the rest.........

[Michael Browne]

Since you're due to file on the 28th, I'd ignore the letter and just file at MCOL. They will only pay you the £150 if you accept as full and final settlement.

[meltoadhall]

ok had a cash flow problem so couldnt file claim, but i can now and have got the pdf N1 form mostly filled in. on the value bit, do i put the monies as itemised or just one lump sum including the court fees and 8% interest?

going to hand it in tomorrow.

[Michael Browne]

On the front, VALUE, simply put

 

Bank charges - £XXXX

Interest - £XXX

Court costs - £XXX

Total of - £XXXX

Plus daily interest at 8% of £0.XXp from the date of issue until settlement.

 

Below this, in the box marked Amount claimed, this should be charges plus initial interest shown above.

[meltoadhall]

thank you

will finish it now

[thewifeandI]

On the front, VALUE, simply put

 

Bank charges - £XXXX

Interest - £XXX

Court costs - £XXX

Total of - £XXXX

Plus daily interest at 8% of £0.XXp from the date of issue until settlement.

 

Below this, in the box marked Amount claimed, this should be charges plus initial interest shown above.

Don't put court costs, these are listed separately at the bottom. You can add DPA fee if paid and registered post costs as well.

[meltoadhall]

ooops too late now - just got back from filing claim at court.

this morning got another letter offering £450 - ah no sorry.

bit scarey really taking a bank to court !!!!!

[meltoadhall]

got the paperwork from the courts back today. deemed served on the 17th. no money in my account yet though, but watch this space...............

[meltoadhall]

yes yes yes, letter from halifax offering the whole amount (bar the 8% interest, no mention of that) and costs.

 

the letter states it will cost more to defend than to pay, without admission of liability, purely commercial etc.... so they will put the money in sometime over the next five days.

do i let them off with the 8%? or not.

can a moderator change the title to ***WON*** please

[zenith69uk]

Well done mel, nice to know that I am only a couple of weeks behind you.

[Michael Browne]

do i let them off with the 8%? or not.

 

Why on earth should you? Write back and say you will not withdraw the claim until this is settled.

[thewifeandI]

They seem to be taking a new tack on the settlement - it looks like they might be refunding interest on charges and then crediting lost interest on top. If this is the case then they should make it clear to avoid confusion. Is the interest they are refunding higher than the amount you claimed? If so it may be a valid reason for not paying out the 8%. It might be worth calling them to ask for a breakdown of the interest amount.

[meltoadhall]

there was a dispute over exactly when the 6 years started. They said the issue date, I said the prelim letter date, in the end we have agreed a figure and the money should be in by Monday at the latest.

then I can go shopping for that window, patio and pay off some other bills.

now on to capital one.................

[meltoadhall]

ok i think i have a problem -just had a phone call from someone claiming to be a senior manager who has recinded the agreement previously done for half of the 8% interest £223. he tried to tell me that the 8% is only from the date of issue to the date of settlement - 5 days. about £4 for over £2000 claim, the spreadsheet works on the whole amount, who is right, i copied the template about the s69 county court act that states from 2000 until date judgement. very patronising man!!!!!!!!!

[Michael Browne]

He's muddling 8% on your charges with the on-going daily rate which is only from issue to settlement ie £0.80p per day. He's either lying or doesn't know what he's talking about.

 

On the other hand if he accepts this is payable then he must accept that all s69 interest is payable.

[thewifeandI]

There's definitely a lack of clarity as what they think they are paying and how it is made up. They need to explain how they arrive at the interest figure so that we can judge whether it meets our claim or not.

[nigel1804]

THe 8% bas far as I'm can tell is the pure fact that you have taken them to court.The minute you serve the papers to court you can put 8% on ,persuant of section 69 of the County Courts Act 1984.Regards Nigel

 

I gaive this advice as a lay person,I am not a professional law person.

[meltoadhall]

ok let me see if i have this right,

on the spreadsheet there is the column with 8% on penalties and the column that says 8% on interest on penalties (in yellow). This is one i sent and that i am claiming along with the other charges (blue). the obnoxious man is mixing up the daily rate with these (I believe) and therefore i should get all the four totals added together.

Yes?

surprisingly the office is closed so will have to have a go in the morning!

[meltoadhall]

somebody please?