In for a penny!!!

[sallysas]

I got all my old data freom Halifax going back to the very beginning and I was about to file at court (can't find relevant thread or else I didn't keep it up-to-date) when I got seduced by MacBoy's thread (put a day aside if you havn't read it) and I am now seriously thinking of starting again but going for compound. If it's going to be some time before the banks give way I may as well get some real interest out of them..............

[sea-sidelady]

Good for you Sally. Good luck!!!!

[sallysas]

Strange develoipment from my currant a/c that was stayed last year. Halifax want to look at it again as I had informed them that I was experiencing hardship all those months ago. They wern't interested then but I suppose the test case has for some reason made them look at outstanding cases again.

 

Oh the catching up I will have to do just because I changed providers.

 

Can anyone give me a link to a shortened version as to what the outcome was and what it means or just point me in the right direction generally. Many thanks

 

Sally

[sea-sidelady]

Hiya Sally. xx

 

Here is a link to the advice given since the OFT result.

 

OFT v Abbey and others April 2008 - what this means for you - The Consumer Forums

[brett48]

Hi again Sally

I tried sea-side's link and got a web page not found, maybe I was unlucky with the timing. Like everyone else with claims on hold, I am keeping my fingers crossed that the banks won't prolong the agony and appeal - we should be put out of our misery in a couple of days.

Good to hear that you have changed provider. I hope the new one gives you a better service, it couldn't be any worse.

I am still trying to get my credit card debt switched to Blair Oliver & Scott. The latest timeframe I was given was another 3 months. In the meantime they are happily whacking on interest and late payment fees every month with the debt growing rapidly. At this rate, it will wipe out the charges I claimed back ....

Brett

[sea-sidelady]

I tried sea-side's link and got a web page not found,

 

Me too, how strange. I will see if i can find out where it has gone.

[sea-sidelady]

Found it.

 

The judgment out today basically had three points to decide:

 

 

1. If the Unfair Terms in Consumer Contracts Regulations of 1999 could be applied to the terms relating to bank charges for overdrafts in personal current accounts.

 

2. If such terms were written in plain and intelligible language

 

3. If the law of penalties applies to overdraft charges in personal current accounts.

 

 

 

The High court held:

 

 

1. In favour of the OFT - yes the UTCCR 1999 do apply

 

2. Mainly in favour of the banks although some in favour of OFT

 

3. The law of penalties does not apply to any of the terms considered in relation to overdraft charges because either the term did not give rise to a contractual obligation or prohibition so there was no breach of contract or in the case of Barclays, the charges considered were not payable on the breach of contract.

 

 

 

This is a massive victory on the part of the consumer. This means that the High Court have ruled that the Unfair Terms in Consumer Contracts Regulations do apply to overdraft charges which the banks have always denied.

 

 

This was simply the first round which may be subject to an appeal. Once the first round is finalised their may be further litigation to decide if the charges are unfair or there may be a compromise agreement between the OFT and the banks. But it is an important first step in getting a final decision.The court will be hearing submissions on historic terms at a later date. Each term is considered on its individual merits so it may be that some charges are payable on breach and therefore subject to the law on penalties.

 

 

 

 

What this means for you:

 

 

 

 

If your claim is currently stayed - the stay will remain in place until at least May 22nd when a decision will be made on any applications for appeal. Even if there are no appeals the stays may remain in place after this time until the second issue is resolved.

 

 

 

 

 

If you have not yet put in a claim but have written your preliminary letter do continue to make a claim so that you can claim your interest. If you wait until the outcome of the final decision it is unlikely that you will be able to file a claim as assuming the court rules in the consumer's favour the banks are likely to pay out on receiving complaint without waiting for you to file a court claim. In which case you will lose out on the valuable interest.

 

 

If you have not done anything yet then you can start the process by doing a Subject Access Request as detailed in the step by step instructions and then totalling up your charges using the spreadsheets and send off your preliminary letter demanding money following the normal process.

 

 

Claims which are not affected by this decision:

 

 

CREDIT CARD

MORTGAGE CLAIMS

CLAIMS ON LOAN ACCOUNTS

 

 

Claims which are affected:

 

All personal bank accounts

 

The ruling on penalties will have serious implications on business claims.

It is not currently advisble to start a claim on a business account until further guidance is given on the issue of penalties in relation to historic terms.

If you have a business claim already lodged with the court you may like to consider putting your claim on hold until this matter is determined. You can do this by making an application for a stay using form N244. A court fee is payable but is less if you get consent from the defendant before applying as this negates the need for a hearing.

[sallysas]

It's good to talk. I went to the bother of filing for non-disclosure and Halifax finally wrote explaining how I had already had data. Seems I had one account, closed it and then opened another some years later. Why couldn't they tell me that months ago? Oh well, I'm going for compound which bumps it up a little. The shame of it is I owe them more than I am claiming but still it will be good to get this account right down.

[sallysas]

Wow and WOW again!!!!! The total with compound comes to over £8000. I am going to be sticking to Macboy's thread like a limpet. One thing I have done is kept a record of all previous halfiax claims so there is no possibility that I am claiming some charges twice. Just claiming compound without the interest Halifax have charged me the end of almost every month. This is going to be the hardest claim I will ever do.

 

Doing this now before any decisions reached at court have a negitive action on claims (but perhaps I am wrong).

[sallysas]

Received a reply today "in connection with your complaint about unarranged overdraft bank charges."

 

Last year when the test case started I tried the hardship route and got nowhere. Then earlier this year (presumable to hedge their bets if case they lose the test case) halifax wrote saying they were willing to look at my complaint again but I decided I didn't want to play that game so didn't fill the attached form. This letter today says they have received my letter of 16/06/08 "but we will only reconsider your complaint on receipt of the completed Common Financial Statement". I am inclined to ignore this until it is time for the lba and then make reference to it as my financial situation is only improved by virtue of the fact that I keep winning on this site - not that I'm better off.

 

Do people agree with me that

1) this is not a legal requirement so I can ignore it and

2) if this is their response I can now send the lba and thus

3) they are sitting up and taking notice because they don't like the fact I'm claiming contractual 'cos it adds £££££ on each day (literally)

[sallysas]

bump

[saintly_1]

Its a standard reply ..... keep on with your claim in your timescale

[sallysas]

Had a leter from them teling me I can't claim back any further than 6 years due to the Limitation Act. OIh yeah, really surprised they havn't come across section 32 1 (a) etc. Standard LBA sent off at the weekend. Couldn't be bothered to point out error in their reasoning. Anyone for court in the autumn then, as I don't expect they will roll over and cough up soon. Hey ho :)

[sallysas]

Thanks Saintly, nice to know I am doing things correctly. Sent LBA off so I suppose I may as well start preparing my POC. Halifax seem to respond very quickly when compound is involved. I do feel nervous that this time I will probably end up in fast-track so can anyone assure me it is pretty much the same as small claims or should I alter my mental thinking..............

[sallysas]

There is nothing like going over old ground. Asking a question on Natwest site it seems I can amend my claim there (which was stayed last year) by filling in an N244 (fee £35 non-refundable) and claiming compound interest. As this has the effect of increasing my claim threefold I will go for it. Might as well do the same on this account then. That will then give me something to worry about as just one tiny slip and there might be tears before bed - but it it works:D:p:D

[sallysas]

Well I filed my N244 last Friday. The fee is now £40 and I asked for it to be done without a hearing - this would have cost me £75. Just one little niggle, as I am asking for compound interest I couldn't work out what the daily rate was so I left that bit out. Go on, someone tell me I've done wrong. Any suggestions how to get round it. Could I just send a letter to the court and Halifax when it's been filed? Silly me.

[sallysas]

I was having a look at the claim I havn't filed yet and I have been using the current interest rate for accounts that are in credit, but it occurs to me that the unauthorised rate is what I should be using. The authorised is 19.5% the unauthorised is currently 28.8%. Can I claim the unauthorised rate? Do I then have to send them prelims again. Gulp, if I'm right............

 

Yes I used the unauthorised rate in my N244.

[sallysas]

bump

[sallysas]

Is there any good reason I cannot alter my compound interest rate from 19.5 to 29.8 which is the figure Halifax use for the unauthorised rate which I have been changed in the past or am I just being unreasonable and unrealistic? I will then have to send new prelim and lba letters I assume.

[sallysas]

Here's a new development for me. I filed my N244 for change in interest rate from simple to compound ar 29.8% without a hear and what have I heard but the fact that a hearing date has been set for March. Should I turn up or is this not necessary?

[sallysas]

Bum - well I didn't turn up due to illness and didn't inform the court so now it has been struck out by the judge due to neither party attending. I rang the court explaining illness and have been advised to write in asking for the decision to be reversed. Not feeling too hopeful, but nothing ventured.....

 

Dear Sir/Madame

 

I refer to your letter dated xx/xx/2009 informing me that my application to amend my claim against Halifax Plc has been struck out by Deputy District Judge xxxxx due to my non-attendance.

 

I wish to apologise to the court for wasting the courts time but the reason for my non-attendance was because I had been ill for some days prior to and after the hearing date with a viral infection. I am therefore writing to ask if it is possible for my claim to be reinstated and a new hearing date to be granted.

Edited March 23, 2009 by sallysas
addition

[sallysas]

Have I left this one too late? Sent prelim and lba last year but was only going to ask for 8% statutory. Have now started again but asking for compound interest. If the law lords make their pronouncement before the end of July I suppose I will end up with nothing. Anyone got any thoughts?

[evancosmo]

Lords decision not due until the Autumn (no indication of when yet though!)

 

Hope this helps!

[pompeyfaith]

is your claim lodged with the court ? If not do it now

[sallysas]

Thanks chaps.

 

I havn't heard anything from Halifax yet so will be sending lba next week. Shame there is nothing about a date for the law lords decision.