KPiotrowicz Vs. Halifax Bank and Card Services *Settled in Full *

[kpiotrowicz]

Well, I've sent a prelim for my two halifax accounts and had an offer to settle for about half what I am claiming for. I sent an LBA in response rejecting that offer and requesting the full sum. Haven't heard back.

 

I've sent an LBA for charges from Halifax Credit Card and received a reply saying that I will not get a refund as I agreed to the terms and conditions regarding late payment charges when I got the credit card. Does that still mean I can claim? It is a credit card after all.

 

Looks like I'm going to have go through small claims for both of these. I've followed the FAQ to the letter and included schedules of charges and sent everything recorded delivery.

 

What do you reckon? Move forward and start claiming. Was hoping they'd just cough up.

[MARTIN3030]

Yes you have done well and followed procedures.

Time now to show them you mean business just follow through with it !

 

[kpiotrowicz]

I'm terrified but I'm going to do it today.

Let's hope I survive...

[MARTIN3030]

You will survive theres no question about that..............Tho I cant vouch for you after your celebration party once you get your money !!

 

[kpiotrowicz]

Hmmn, I get a dns error when trying to access the interest spreadsheets in the library. Anyone else getting this problem? I can't move forward without these.

[MARTIN3030]

try this

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

[kpiotrowicz]

Yep, that's the link I was trying. If you can access that then maybe it is just my firewall at work or something.

[MARTIN3030]

possibly.

 

There are a number of links for spreadsheets.

[kpiotrowicz]

Yeeee - freakin' - ha! I got home today to find a full and final settlement offer on the doormat for the £207 from Halifax Bank. I guess my rejection did the trick! Now to issue a claim against Halifax Credit Card! Don't have much money this month so this will help a lot!

[AJG1969]

Well Done, congratulations

[AJG1969]

Well Done, congratulations

[MARTIN3030]

Good result............and now you have the fee for the mc against the next claim !!!

 

Which they will be paying of course

[kpiotrowicz]

Problem:

I'm filling out my moneyclaim online and it says it requires an English or Welsh defendants address. Halifax Credit Card happens to be in Fife - Scotland, can I get away with using their general Halifax bank address in Leeds?

[MARTIN3030]

Dont see why not as its all part of the same group.

 

Maybe operations there have the tie up with the bank of Scotland,but as you know HBOS now falls under 1 umbrella.

 

Besides there have been MCs already for the cards so I would think the Trinity Road address would be ok.

[kpiotrowicz]

I've been trying to do a MoneyClaim online and I am a bit fuzzy on the Particulars of Claim section. You have limited space to make your case and it asks in a box if you want to reserve your right to interest. The problem is that it works out interest in its own way using 8% from the time that money was charged. The problem is that I am claiming for lots of little bits of money each charged at different dates and therefore having different amounts of interest. What should I put? Has anyone used this MC online and what did they do? The interest spreadsheet in the library here looks a bit useless in the face of this.

[MARTIN3030]

You will then need to do the interest calculations individually if I am understanding you right.

 

The spreadsheets,whilst appearing to look daunting can do this for you.

 

Alternatively you could use the online interest calculator from the site and do them in notepad or word as a schedule.

 

 

Take some time to read the issues......you will find lots of supporting posts about interest in the forums.

 

[kpiotrowicz]

Thankyou. I have taken A LOT of time to read the issues and haven't found a satisfactory answer. I think I more understand how to put in the interest and have used the spreadsheet to calculate it. However, the online form for MoneyClaim Particulars of claim just doesn't have enough room to put in an argument as well as put in all the details of each penalty charge I have suffered. The Particulars of Claim in the library was of little use as it amounts to about 2000 characters which is double what is allowed. I can't seem to find a smaller template. How much detail of the charges do I need to put???

[MARTIN3030]

Ahhh now I see your point.

 

Here are the details you need and it will fit....I have used it twice myself.

 

 

Claimant has account (A/C No) with Defendant from (Date)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00) 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) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00)

 

 

Paste it in the form then format it to 24 lines.

Just fill in missing bits.

 

The individual interest charges will not as you say fit.

You should send this (with interest calculated ) on a schedule/spreadsheet to the court and a copy to the defendants

[kpiotrowicz]

Thank you!! Just what I needed. One thing is a problem. I don't really know the exact year even that I started the credit card with them. Can I just put before 2000?

[MARTIN3030]

No just put the date of your first charge (that falls within the limitations period )

 

so if this was say 11/2003 then start from there.

 

So the earliest you could go back to is August 2000

[kessik]

Martin

You are such a helpful person - there were two things I was unsure of and you have answered both in this thread. Good man yerself!

[MARTIN3030]

Not a problem........I am still learning myself !!

 

[kpiotrowicz]

Thanks for all your help. Now I just have to wait until there is some money in my account so I can use a debit card. Will post here when I know more.

[kpiotrowicz]

By the way, that paragraph you gave me. Is it of your own devising or is it on this site somewhere? If not, maybe it should be in the library as a template?

[MARTIN3030]

Yes the link is a site temp.

look in the bank temps threads.......should be under moneyclaim particulars.