morris v halifax

[neilbass]

determined to see this through!

 

DPA letter for 6 years statements 20.6.06.

£5 charge deducted from current account 27.6.06.

No statements sent.

Several phonecalls & visits to the branch - according to their screen 'request made 13.8.06' (!).

Statements received 25.8.06.

£1014 charges in past 6 years.

Preliminary letter posted 30.8.06.

 

Will keep you all posted!!

[morgan054]

Good Luck

[neilbass]

Hi if they don't respond at all within the deadline do I just send off the LBA without having to contact them to ask why they haven't replied?

 

Thanks

[mollyhannah]

Yes you can just send your LBA. The first line of the LBA says " I am very disappointed that you have failed to respond to my letter of the (XXDATEXX). That says it all, you dont have to ask why.

Good luck

[neilbass]

Thanks expect I will be sending as soon as the 14 days is up.

Do we have to wait the full 14 days before posting? Seems a weird waiting game really?

Tempting to just send the LBA sooner but I realise from so many other threads that this is just the way it has to be done?

[neilbass]

Hi quick update.

 

Received a reply from Daniel Whitworth (Customer Relations Officer) at Halifax stating my letter was received 31/8 (no problem there I sent it 30/8!!).

 

Standard blah blah letter about complaints procedure etc (and a leaflet:-o). Promise that a Customer Relations Manager will investigate and reply 'shortly, certainly no later than 4 weeks'.

 

The 14 days deadline for my LBA is the 12th Sept. Do I just wait until then for further response and then post the LBA?

[crashbandicoot]

Yes stick to your own timeline and sent the LBA when it's due to be sent.....they can harp on about 4 weeks all they like, that shouldn't stop your claim from progressing!

 

HTHs!

[neilbass]

Yes thanks Crash - I'll get going against Barclaycard again while I wait for the halifax deadline to pass .

 

Need to get my head round compound interest on credit cards :?

[crashbandicoot]

I know what you mean, I'm still learning - best to read lots so that you're armed with as much info as poss

[neilbass]

Hi I've been looking through the interest calculation spreadsheets and would bne grateful for any advice!!

 

With my prelim letter I only listed out the actual charges incurred during the 6 years (using the simple excel sheet).

 

I've just seen the advanced spreadsheet - when I send my LBA can I amend my claim to include the overdraft interest caused by the charges? (as calculated using the 'charges and interest' sheet of the advanced Excel interest calculator)

 

I realise the 8% APR interest is only added at the Moneyclaim stage.

 

But can I add the overdraft interest with the LBA? (or have I lost it as I didn't include it in the Prelim schedule of charges?).

 

Thanks

[neilbass]

Just bumping this up - can anyone help please?

 

can I include overdraft interest with my schedule of charges with the LBA? (I didnt include it with my prelim - didnt realise I could).

 

i know i need to wait til the Moneyclaim to include the 8% interest.

 

Help please?

[crashbandicoot]

Yes you can send an amended/updated schedule of charges with the LBA - it's only when you get to the MCOL stage that it gets tricky to make amendments.

 

HTHs

[neilbass]

Thanks Crash

 

definitely helps as it means more money for us!

 

I wonder when the penny will drop with the banks that if they just settle earlier they won't have to pay the interest and court costs??

 

Also wonder how many people need to claim before they actually stop charging the charges?

[crashbandicoot]

The thing is Neil that the banks will try to push their luck and use their bullying and fob off tactics because they're hoping people will give up before court stage...little do they know that news of the unlawful charges and this website is spreading fast.

 

As for when they will stop charging us? I think they make far too much money from it in comparison to the people who will eventually claim it back for them....but as each claim and court case racks up against them, maybe something will eventually put a major spanner in their works!!

[neilbass]

Fair point - I do keep wondering will they find some new way of penalising us in order to cover their losses?

 

The thing that bugs me the most is that they apply these charges without ever being willing to discuss the situation that caused them to arise. A lot of ours are where we went slightly over the overdraft limit, realised and paid money in to cover it - but they charge you anyway as they claim the direct debits etc are taken at midnight, but if you pay money in the same day its already too late!

 

Hate 'em!!

[crashbandicoot]

I know, it's so frustrating isn't it? At least we can vent this anger in the best way we can - by hitting them where it hurts and reclaiming OUR money!!!

[neilbass]

Absolutely!! Just noticed you're going for Barclaycard too - did you have statements or are you in the microfiche hell? (see barclaycard thread if you don't know what I mean! )

[crashbandicoot]

I had the statements already thankfully (in the intact part of my filing system!) and I was one of those people whose accounts weren't charged on until after mid-2001

[Bran1507]

Hi

 

Story so far....

Data Protection letter along sent 20th July...received no response until I phoned them on 11th August to see if they had received my letter. They said not

 

Had to fax orginal letter: 11th August and I sent hard copy via recorded del

Received two lots of statements preety much by return.

 

19 Aug sent request for payment of charges letter for 2,545 plus 363.31 interest at 8% sent along with comp sched of charges

21 Aug received standard reply with leaflet re complaints procedure and will investigate my complaint and reply no later than 4 weeks (from alas Daniel Whitworth) cushy job!!!!

5 Sept received letter from Michael Davenport offering to pay £236!!!!!!!!!!!!!! Joke! Doesn't even cover the interest?

Now going to send next letter to accept as part payment however req refund in full etc 2moz.....keep you posted

[crashbandicoot]

Er..Bran was this meant to be in a thread of your own? Also 8% charges only apply at MCOL stage, unless you're talking about contractual interest, which from your 8% suggests that you're not?

[neilbass]

Well I've received an offer letter from the lovely people at the Halifax (Iain Shearer, Customer relations).

 

He is sorry to learn I am unhappy. He assures me that every charge that has been made on our account is purely passing on the extra charges that they have incurred from paying items against an unauthorised overdraft (willing to prove this in court Iain??).

 

As a gesture of goodwill, in full and final settlement of our complaint (charges over £1000 plus interest), Iain offers us.............................

 

£75.00!!!!

 

hmmm, lets ponder that one awhile :-x:-x:-x

 

LBA being sent on Tuesday - 14 more days to get real

[crashbandicoot]

You know what to tell them to go do with their gesture of goodwill don't you?!!

 

Roll on LBA date, an well done on getting this far

[mechs]

Well I've received an offer letter from the lovely people at the Halifax (Iain Shearer, Customer relations).

 

He is sorry to learn I am unhappy. He assures me that every charge that has been made on our account is purely passing on the extra charges that they have incurred from paying items against an unauthorised overdraft (willing to prove this in court Iain??).

 

As a gesture of goodwill, in full and final settlement of our complaint (charges over £1000 plus interest), Iain offers us.............................

 

£75.00!!!!

 

hmmm, lets ponder that one awhile :-x:-x:-x

 

LBA being sent on Tuesday - 14 more days to get real

 

What your not going to accept it

 

Dont forget to put in your LBA something on the lines of "that you accept their kind offer in partial settlement but will persue the remainder in Court if you have to"

 

Mechs

[neilbass]

Thanks mechs - yes I will do. They also included an acceptance form for us to sign our rights away.

 

I will politely let him know that I am obviously not returning that to him.

[neilbass]

Thanks Crash - looking forward to sending it (with my revised schedule of charges inc all the interest of course!)