Girlynutnut v Stupid Finance - **WON**

[girlynutnut]

Hi! I'm new to this site. Have had a good read and think I've got my head round the process (although I'll prob have to come back and check at each stage!)

 

Have today written my DPA SAR letter to IF at address in Halifax. As I had a plan with them, I'm hoping they'll send details of my mortgage and loan accounts too.

 

Not sure what I'm owed in charges but I remember it being a lot! My plan got totally mucked up - when I made payments to my mortgage they were paid off my loan instead. Then when I complained, they sent the money to my current account - hopeless!! Closed my plan a few years ago.

 

Also gonna claim against Natwest too but want to "test the water" with IF first. Will keep you posted!

[hagenuk]

Welcome and good luck.

 

Keep us posted and ask anything that you are unsure about

[nick357]

Hi this may be a bit to late but if you have more than one plan you need to add them to the REF: on the account part I forgot to add my loan number and they did not send details of it.

Be sure to ask them for statements as I got my list of charges back today and all it is is a basic letter with dates and amount of charge, no mention whatsoever of unauthorized interest or anything like that.

Hope this helpS.

[girlynutnut]

Yeah, when I rang to ask for my account number they wouldn't give it to me. They said they'd send me a new PIN (even tho I closed it all years ago!) Managed to get my plan number so that's what I've quoted. I've used the letter template from here so we'll see what they send back!

[redn1ck]

Have today written my Data Protection Act S.A.R - (Subject Access Request) letter to IF at address in Halifax. As I had a plan with them, I'm hoping they'll send details of my mortgage and loan accounts too.

 

 

Hi,

 

I am a little confused (nothing new there).

 

Following BankFodder's advice from the data protection section

"Send this request including the £10 fee to the address which your bank has registered with the Data Protection Commissioner as the address of the Data Controller:-

http://www.esd.informationcommission...esd/search.asp

 

"

 

I typed in intelligent Finance and got an address in St Albans - not Halifax. Just want to check if I am right or wrong or even if it makes a diffrence.

 

Kind Regards,

 

redn1ck

[redn1ck]

actually rechecking and the IF in St Albans was something like the Intelligent Finance Corporation Ltd. The Halifax entry had IF under there entry so I have sent off my claim to the Halifax address.

[girlynutnut]

I did the same thing at first too! Then realised it was prob a completely different company. Good luck getting your charges back!

[carriel1975]

Good luck claiming your charges

[girlynutnut]

Have today received list of charges totalling £319. Have entered into spreadsheet template on here. Have written Prelim Approach letter requesting refund. Included schedule of charges but haven't mentioned interest yet.

 

Diaried 14 days......

[girlynutnut]

Received a response with the usual rubbish about it being fair to pass on charges to the customer and it being part of the terms and conditions and complying with the Banking Code. And how they can't be responsible if I've authorised payments against funds that weren't available. They've also sent me a FOS leaflet.

 

I have today responded with a Letter Before Action giving them 14 days before I issue and enclosing a copy of my schedule of charges (again, not including interest yet).

 

Getting a bit nervous now but holding my nerve. In fact, it would be better if I litigate coz then I'll get interest too!

[redn1ck]

i sent of my lba letter last week. it is kinda scary isin't it? However we must hold strong as we will win!!!

[redn1ck]

sorry wrong account. i did the smile one last week. IF I am still waiting for the data protection info. Did you get yours back quickly?

[girlynutnut]

I got the list of charges back within a week or so and they returned my £10 cheque as they said it wasn't personal data.

[Stopthethieves]

I got 3 years of statements for nowt and am now getting the rest for nowt, first thing IF have done right....once I finally got through to someone with some intelligence!!! LOL

 

IF put me through the mill and have a complete lack of effective adminstration ---- I would literally be here all night if I wrote out all that they did but I have the evidence....

 

I want these buggers hit real hard... Their moto is THE WAY ALL BANKS SHOULD BE.......I hope not!!!

 

Good luck to all.

 

Regards

[girlynutnut]

No response to LBA so Moneyclaim Online filed today, using templates and guidance notes. Claiming £319 charges + £66.88 interest @ 8% + daily interest of £0.07.

[girlynutnut]

Acknowledgement of service received from the court this morning, stating that the defendant intends to defend all of the claim! I need to do some more reading on here but believe that the next step is for me to complete an Allocation Questionnaire when it is sent to me. Getting quite nervous now!

[carriel1975]

Hiya,

 

Can you tell me which address you used on Moneyclaim? I've put in the Livingston one & it says its outside of UK so I cannot use it. Did you have the same problem? Or do you have a different addy for them?

[girlynutnut]

I used the address at Trinity Road, Halifax. Incidentally, I had named the defendant as Intelligent Finance but when the Acknowledgement came back they had changed their name on it to Halifax plc, so this is the name you should use on your Moneyclaim form.

[carriel1975]

Thank you very much for that, will go & try again. Good luck with your claim. I've been watching your thread with interest as you are only a few days ahead of me.

[girlynutnut]

Woo hoo! Letter received on 12th saying - "IF is a trading name of part of Halifax plc's business and thus your claim should technically have been brought against Halifax plc. (OK - I'll let them have that point) I have returned the Ackowledgement of service to the Northampton County Court indicating that Halifax plc intends to defend your claim. However, (this is the good bit!) on a purely commercial basis, it will cost the bank money to defend your claim in terms of the legal costs that will be incurred. It is unlikely that the Halifax will be able to recover these costs (even if the bank wins) as your claim will probably be allocated to thye small claims track, in which costs are not generally awarded. For this reason, but without admission of liability, the Halifax is willing to reimburse £299 in respect of the bank charges incurred your account, plus interest claimed at £66.88. We will also reimburse the £50 Court fee. This amounts to £415.88. Halifax plc does not consider that you are entitled to the remaining £20 that you are claiming."

 

Not sure why they're quibbling over £20 but can't be arsed to argue over it. Very happy with the result. Going after Natwest next!

 

Incidentally, IF offered to refund the money to my account - bit daft as I closed my account 2 years ago! They also sent me a cheque in the post the following day, without waiting for my acceptance!