morris v halifax

[neilbass]

LBA typed and printed and ready for first post tomorrow - onto the next round!!

[crashbandicoot]

Neil you're along similar timeline as mine - see my Halifax post in a sec!

[Calina]

The story so far.

 

Over the last 5 or 6 years or so i've been bombarded with bank charges. I've just hear about this fantastic site after seeing it on GMTV about a month back. This is excellent!!

 

Went into work that morning and drafted up a letter to my bank (and copied to the local CAB office) asking for all my bank charges refunded to me. Got the usual standard letter sayin, "we are sorry you are not happy with the service provided by us", leaflet about complaints procedures enclosed and that they would attempt to get an answer back to me within 4-5 weeks.

 

That time span is now up and was getting ready to write another letter this week and got another "Dear John" letter in the mail this morning saying that they are sorry that I haven't had a response to my complaint but will endeavour to do so by the 3rd October 2006. I am mad, so i'm going to use this website tonight to draw up another letter using all these fancy words to really scare them. I'm not going to let this lie, i'm not earning alot of money and i can't afford to be shelling money out to the banks everymonth. It's awful how they get away with this, hopefully when this is recognised by everyone, they will have no choice but to abolish bank charges altogether!!!

[neilbass]

Hi Calina

 

Have you read the Step by Step instructions in the FAQ's section on this board?

Gives you great advice about exactly what to do / write to them etc in order to get results.

 

You will have gathered from reading around threads on here that these steps do really work and more and more people every day are getting their charges back.

 

If you start your own thread you can then update it regularly / ask for advice etc.

 

Good luck!! (you will get your money back! )

[neilbass]

No more contact from Halifax - moneyclaim online will be filed a week tomorrow. Does anyone know the scale of charges? I'm claiming about £1300 including interest and 8% interest - does it go off that?

 

Can I pay by credit card? Cash flow not the best at the moment!

[Michael Browne]

0 - 300.00 £30

300.01 - 500.00 £50

500.01 - 1000.00 £80

1000.01 - 5000.00 £120

The above excludes s69 8% interest. Yes credit card, difficult to pay by cash online!

[neilbass]

Thanks Michael, we're in the £120 bracket then.

 

Good news on the credit card (I'd wondered if it was only debit cards)

[neilbass]

It appears my LBA has been lost in the post. I sent it 'Royal Mail Recorded Signed for' but their track and trace system has no trace of it.

 

Been told on the phone that even though the service is advertised as 'next working day delivery, signed for' they allow 15 days ( ) for delivery of any letter. They told me they have no record of delivery, or even attempted delivery.

 

Furious with them, but more to the point it's wrecked my timeline up. 14 days for LBA was due to run out on Tues (26th).

 

Do I still file my claim on the 26th? or should I resend the LBA and give them another 14 days from now? :cry:

[Michael Browne]

It's perfectly acceptable to post by 1st class and if you had, you would have assumed they had received it. They may well have got it anyway, an admin cock up by the PO and you have proof of posting.

 

I would file on the 26th

[neilbass]

Thanks for the reassurance Michael - I have a stamped dated receipt of posting, so the 26th it is!

[CJ&theBOS]

Hrmm interesting. I send all my correspondence using registered post (£4.10 for each letter) to make sure it gets there. (guaranteed next day)

Can i add these costs to my claim?

[Michael Browne]

You can if you have the receipts

[neilbass]

MCOL filed 26/09/06. No response to LBA.

 

Will see if claiming gets a response.....

[neilbass]

MCOL issued 26/9/06

[carlieanna]

Good luck

Shouldn't take long for you to get your money now, I only filed mcol a week ago and received a letter this morning that the money will be in my bank in the next 5 days.

Blinking royal mail are useless:mad: also had to chase them up at one point about mine, which was miraclously(sp) found.

Carlie

[neilbass]

Good news carlie!

 

I love the Halifax's timing - letter today increasing their offer to £218 (6 months charges)..........

let's think about it for a minute................

 

Nope - think I'll have it all please

[neilbass]

Sent letter accepting their revised offer - but only as a partial settlement of course.

Their letter included a couple of lines that wound me up a bit too - assuring me that they really do incur extra costs as a result of paying items whilst an account is overdrawn etc, and that they feel it fair to pass these on to the individual accounts rather than penalise other customers.

 

I have politely asked them, as my court claim has now been issued, to please provide a full breakdown of these extra costs, illustrating how they equate to the charges levied on my account. Wonder if I'll get a reply?

[crashbandicoot]

They will eat their hats..as I've said so somewhere before!!

[neilbass]

MCOL Acknowledged today 29/9 - moving along nicely

[neilbass]

Urgent advice needed please!

 

Had a letter today in response to our MCOL - no admission of liability etc but.....

 

They are now willing to reimburse £1004.00 in respect of charges (I had £1014 but had included 2 £5 charges in error so this is fine ).

 

They are also willing to refund £180.20 in respect of 'approximate' overdraft interest (why don't they have a real figure???). My calculation using the advanced spreadsheet came to £156.11, so again no problem here as theirs is more than mine!

 

Also willing to refund the court costs of £120.

 

But they are not willing to refund the s.69 8% interest (my calculation £181.23).

 

"The halifax does not consider that you are entitled to the further £XXX that you are claiming. Unless you can provide evidence of this further loss the Halifax will file a defence in respect of this part of your claim"

 

I find this very strange, especially as the MCOL site is so geared up to letting you include this interest. Am I obliged to provide proof? What do they need - I have clearly quoted the text directly from Moneyclaim site in my Particulars of Claim.

 

Also its so strange because they admit "on a purely commercial basis it will cost the Halifax money to defend your claimin terms of the legal costs that will be incurred".

 

So in that case why on earth would they be willing to go to court over the (less than £200) s69 interest - but not the whole claim??

 

HELP PLEASE - ANYONE BEEN IN THIS SITUATION? Is it scare tactics??

 

They want a reply within 7 days - who gave them the right to lay down deadlines at this stage?

[crashbandicoot]

What a result Neil, that's great news on the stuff they're agreeing to finally cough up! Not sure about the 8% though, may be worth PM'ing a mod to get an answer?

 

Let me know....

[neilbass]

Thanks Crash - it is isn't it

 

I feel a bit money-grabbing whingeing about interest but I've seen so many other people get it back - and its only the 8% (not the contractual like some people are now claiming).

[neilbass]

Hi

 

In response to my MCOL Halifax are agreeing to refund charges, overdraft interest and court fees - but refusing to pay s.69 8% interest .

 

Telling me I have to 'provide evidence of this further loss or the Halifax will file a defence in respect of this part of your claim'.

 

Any advice please?

 

My full thread is 'morris v Halifax' btw.

 

Thanks

[crashbandicoot]

Not money-grabbing at all Neil, it's YOUR money that they've had...if the tables were turned they would not spare a penny on you.

 

I hope it gets sorted for you

[ED1237]

Hi Neil,

 

Statutory interest is I quote "recognition the defendant, and not the claimant, has had the use of the money" I would reply to them accpeting thier offer as partial settlement, but you are proceeding with the claim for the interest.

 

Apart from the quote, this is my opinion only.