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smithy v Halifax ***WON***


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I requsted my statements on 21 July received them 2 weeks later with no trouble.

 

On 24 August I sent my claim for £2832. Just waiting for the standard letter to arrive.

 

Since sending my claim I've had another charge debited from my account which will have briefly (2 days) taken me overdrawn and since I dont have an overdraft that will incur another charge (thats £67):Cry:. Can I add this to my existing claim

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So the game begins. One week after submitting my claim I receive a letter from the Halifax saying how sorry they are that I'm not happy about being mugged over these charges. They also included a little leaflet for me to read. I kept the letter threw the leaflet in the recycling bin.

 

They have until 08 August before they receive my LBA.:D

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Stick with it and keep to YOUR timetable, not theirs.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

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Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Right its Friday 8th September and the only reply I have was the standard letter and leaflet. They have had there 14 days so I will now send them there LBA and see what that does.

 

It feels good to send an aciddic to the bank :D

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I have no worries until it comes to filing at the courts then the nerves will rise a little, but that wont stop me.

 

we were on our first claim now its like shelling peas lol

 

My wife is a little sceptical that this is going to work

 

Tell her to read my threads or any others that have been repaid

 

Mechs

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Sent the LBA today with an up-dated list of charges. Lets see what happens now.

 

I see on other threads that some people are dealing with head office, I am sending my letters to my branch. Does sending letters to head office have an advantage?.

 

I cant help thinking when I see the Halifax adverts ( the big number musical ones), the money I pay in charges have helped to pay for this b******ks.

 

Request for payment sent 22/08/06

LBA sent 12/09/06

 

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It all ends up at a HO department anyway, so it might be faster to cut out the middleman! ;)

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Had a phone call from someone at the Halifax ( I think his name was Paul). He told me that they were sorry that I was unhappy but the Halifax had a right to charge me. He then went on to say that they were prepared to offer me £255 in settlement I told him that my claim was for £2899 and his offer was way below that. He then went on to ask me if there was a figure that I would accept that was below the amount of my claim. I told him no but I would accept the £255 as partial payment. Funny enough he was not willing to do this and told me that further correspondence will be done in writing.

 

I seem to have rattled a cage:D

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Pretty standard response - just carry on with your timetable.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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I just received a letter from a Paul Mcgready basically telling me that they have the right to pass on the charges on to me that they incur when having to deal with returned DD and cheques. I am going to send them the following letter but would like some opinions first:

While I understand your argument about the cost involved and passing them on, I find it very hard to believe that these costs amount to the sum you cherge to my account namely £39 for a returned cheque and direct debit and £28 for going overdrawn. I would very much like to see a breakdown of the cost that you have incurred.

 

I would also like to point out that your goodwill gesture was not refused out of hand, I did say that I was prepared to accept it as partial payment. I am unhappy with your decision to not refund the full amount of my claim and now I believe I have no option but to pursue my claim through the courts.

 

 

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Sounds good - you could also point out that the bank is already compensated for you exceeding your overdraft limit by the higher interest rate that is applied.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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  • 2 weeks later...

I asked the Halifax for a breakdown of the cost they incur when I have a returned DD or cheque. They surprisingly refused to supply me with this breakdown quoting the data protection act. I thought that I was entitled to view all things that afect my account.

 

On another thing I mentioned to my brother what I was doing he was very sceptical about my chances and said that when I joined the bank I knew what the charges were and agreed to them so why should they give them back. I will prove him wrong.

 

I'm just waiting for my law pack to arrive then its off to court

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In these modren days where money can be transfered in seconds why is it that the Halifax want 7 days working days to clear a cheque. It means that it will take upto 11 normal days to enter your account depending on when you hand the cheque in. I thought I would do a test so I got my wife to write a £5 cheque to me which I gave to the Halifax on a Thursday morning I then tracked it on the internet. The money was withdrawn from my wifes account on the Monday but didn't arrive in my account untill Friday.

 

I have asked the Halifax why it takes so long to clear cheques they said it was because they get so many dishonoured cheques and that it was there way to stop this from happening.

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Was her account with Halifax and if so was it at the same branch?

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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OK - that makes more sense, although still longer than it really needs to be.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Help anyone I'm filling out my N1 form but I'm just a bit confused with this interest bit. Do I add the 8% interest and the s.69 interest this would take my total claim to nearly £5000, or do I just add the 8% interest

 

This is the final lap and I dont want to snatch defeat from the jaws of victory.

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SMITHY GOES TO COURT:D

 

on the 12th October at 3.45pm I bit the bullet and filed a claim at the Poole County Court. Total claim is £3677.68 including cost and interest. I will let you all know what happens next.

 

Funny enough when I got home after filing my claim I had a letter from the Halifax telling me they are not going to refund my charges. We shall see:D

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I rung the court today because I've heard nothing since filing my claim on the 12th October. They told me that it takes a couple of days to do the paperwork and that the documents were sent yesterday and they will be deemed served on the 19th October.

 

Butterflies are rising I hope this works!!

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A work colleauge has told me that he received a letter from his bank (HSBC) telling him that they are reducing the charges for going overdrawn from £20 to £10. I wonder why?

 

This is because the ruling by the OFT mentioned £12 - the banks assume that means its ok to charge £12 now. HSBC likely decided to make it a tenner to seem like they are the "nicer" bank - its still a huge rip off since its all automated and likely costs them under £1 per transaction!

1 - 18 August 2006 - S.A.R - (Subject Access Request) sent

2 - 29 Ausust 2006 - Statements dated October 2002 to July 2006 received. One single statement separately packaged dated August 2006 also received. No correspondence enclosed.

3 - 6 October 2006 - Statements prior to October 2002 to July 2000 received - thiscovers statute only

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I think I made a little bit of a mistake with my N1 claim form. I am claiming the interest under section 69 County Courts act but I didnt put down the daily interest rate I just put down the amount I was claiming. I did however attach copies of the spreadsheet that shows the 8% interest and the amount of days since the the charge was incurred. Do I have a major problem?

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