Debited interest intregues me.

[littlej4121]

Hi all this is my first post!! I have had enough!!!! So I sent a letter to the bank asking for all my details over the last 6 years etc. All has gone well, I have received a detailed account of the full charges and I was blown away!!

 

My question is, can I also claim for the debited interest that has been applied to my account. If so, can I charge the interest on this also??

 

My account is with Halifax and I will take it to the streets if needs be!!!

 

J x

[mas101]

Hi

 

There has been much information about interest on charges so have a good look around the forum. My understanding is that if you have incurred debit interest as a result of being overdrawn as a direct consequence of unlawful charges than you can include this in your claim. You cannot claim debit interest on the proportion of the overdraft that exists before charges.

[littlej4121]

Super duper!

 

I now realise that interest isn’t charged unless I take it to the streets (go to court) so I’ll be happy to walk away with an out of court settlement of the full amount (£2886.0 before interest) I just ain’t gonna let go of this bone!!

 

Thanks mas101

[mas101]

Your very welcome. Best of luck with the claim and be sure to let us all know how it progresses.

[littlej4121]

Here is the response to my initial request for the reinstatement of the charges

 

 

Initial request for reimbursement of charges reply

 

 

 

Dear XXXX

 

Thank you for your recent letter. I tried to call you to discuss your but you weren’t available to take my call.

 

I am sure you will appreciate that like other organizations we incur costs for every transaction made. When we pay an item against an unauthorized overdraft or return an item unpaid, we incur costs regardless of the shortfall involved. We belief it is fair to pass these costs on to the accounts affected rather than absorb them into other areas of our operations, penalizing all other customers as a result.

 

We clearly outline the charging policy in the terms and conditions that apply to your account. In addition, we are committed to complying to the Banking Code, which sets standards for good banking practice for banks and building societies to follow when dealing with personal customers. The terms and conditions of your account state that you must have funds in your account to cover your transactions. We cannot be responsible if you have authorised payments against funds that were not available.

 

We are keen to help you to avoid any unnecessary charges by providing various ways to keep track of your account. You can do this via telephone banking, online banking of mini statement at cash machines. You can also contact one of our banking advisors at any of our branches.

 

Here it comes folks!!!

 

Ultimately it is your responsibility to manage your account. However, as a gesture of goodwill I am prepared to refund 286.00 of charges in full and final settlement of your complaint. I must stress that future valid charges will stand and we reserve the right to close your account if you do not manage it correctly. If you are pre-paid to accept my offer, please sign and return the enclosed acceptance form in the pre-paid envelope.

 

You recently received a copy or our leaflet explaining our complaints procedures. Should any of your concerns remain unresolved please let me know what you’d like me to do to put matters right. We are keen to resolve your concerns,if we are unable to do so we’ll provide you with details of how can contact the finantial Ombudsman Service for help. If I don’t hear from you in the next eight weeks I will assume you are happy.

 

Damien Bradshaw

Customer Relations Manager

Core business team

Customer relations

 

 

It’s the sort of response I was expecting, my questions are:

 

Is this a pretty much the sort of letter you good people received after your first request? There seems to be a veiled threat to potentially close my account should I just make preparations for this eventuality? Also, considering that my claim is for over £2880.00 and I am in no way going to settle for £286.0 what’s do I need to include in my next letter?

 

Thanks for your help in advance

 

J x

 

MODERATED please can you stick to your original thread .This is for your benefit and also for the benefit of others following your case.

[littlej4121]

Profound apologies !!!!

 

J x

[monkey_uk]

j, I'd also advise you to conduct this in writing rather than in telephone conversations with the bank.

 

If you do feel that you'd rather use the phone, please record your calls.

 

Good luck, keep us posted.

[littlej4121]

Thanks monkey_uk!!

 

 

That’s a great bit of advice!! I will continue to avoid any telephone conversations with them. I Agree it will not further my cause if I allow them to try to gain leverage over the phone.

 

 

Jx

[brecken]

I got the same letter on thursday, they offered me £310, i am claiming £2713, I phoned and told them no thank you and followed up with an e.mail to customer relations.

read my thread. denied reciving initial letter

[littlej4121]

Hi folks!!

 

What do you think of this for my LBA??

 

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

You are now aware, I understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

Again, I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

The offer to refund £286.00 of the charges as a 'gesture of goodwill' in return for a full and final settlement of my complaint is wholly unacceptable and my concerns remain unresolved.

 

I calculate that you have taken £2,886 plus £34.35p which you have charged me in overdraft interest for the sum which you have taken. Total £2,920.35p

 

I require repayment in full of £2,920.35p. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus 8% interest plus my costs and without further notice.

 

 

 

 

 

Yours faithfully,

[paulson1985]

Hi,

 

 

 

Looks ok to me. I got my reply this morning from Lloyds to my LBA . No joy though just the usual our charges are fair and have another leaflet the banks final word.

Yeah well my final word is a moneyclaim on line.

 

 

Good luck.

[littlej4121]

To be honest i am looking to the monyclaim option at this point also!!

 

Good luck!

 

J x

[brecken]

Thank for the message on my thread,

I phoned first and declined the offer, then I e.mailed customer relations, by doing this you should receive a auto responce to say they have recived your e.mail.

seams we are both at the same stage at mo, will be interesting to see who WINS first.

Good luck to you I will keep you updated on my procress.

[littlej4121]

OMG

 

I am sending my LBA today and I usually send a copy of all correspondence via email because I get an automated response saying they have received it. Today though I noticed something strange!!

 

As I accessed my online account details and went onto the contact us section where I would normally be given the option to e mail them, I was given a list of phone numbers and no e-mail facility!!!

 

Has this happened to anyone else???

 

I will have to make sure I record the postage delivery now!!!

 

What say you???

 

J x

[littlej4121]

I have sent my LBT and am waiting for a response. However I have received further charges in the mean time.

 

My question is can I add these charges to my court claim if the do not pay up, or would I have to start the process over again for these charges?

 

J x

[alangardner]

Hi folks!!

 

What do you think of this for my LBA??

 

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

You are now aware, I understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

Again, I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

The offer to refund £286.00 of the charges as a 'gesture of goodwill' in return for a full and final settlement of my complaint is wholly unacceptable and my concerns remain unresolved.

 

I calculate that you have taken £2,886 plus £34.35p which you have charged me in overdraft interest for the sum which you have taken. Total £2,920.35p

 

I require repayment in full of £2,920.35p. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus 8% interest plus my costs and without further notice.

 

 

 

 

 

Yours faithfully,

 

 

 

 

 

 

 

 

 

 

Looks great - but I have one question about the interest:

 

I am unsure about how to calculate the list of charges in the following scenario: They charge £18 for a late payment fee or such like, and then I phone them up to ask for a refund - they say no, but agree to refund half. That is refunded 2 days later. On the spreadsheet, do I say they charged me £9, or do I complete 2 seperate spreadsheets, one of which says the actual charges, and on another a list of the part refunds, then deduct one from the other?

[monkey_uk]

If they refund you, enter it on the spreadsheet on the correct date as a minus figure and it'll do the rest.

[monkey_uk]

Sorry I missed your question btw!

[littlej4121]

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