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Foodie vs The Halifax


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Well, my deadline after my LBA rapidly approaches (tomorrow) so I've signed up to MoneyClaim online in readiness for tomorrow.

 

Am I right in that I roughly use the template in the library?

 

So far Halifax have offer a token gesture and then today I received a letter offering the refund of 6 weeks charges.

 

Any help would be gratefully received. I was lucky when I went ahead with my Sainsburys Bank C/Card as they paid in full before the LBA! So this one is all new.

 

The sum should be around the £3K mark with interest.

 

Thanks,

 

 

Foodie

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Hi Foodie, yes use the template stuff, its worded correctly and they pay up!!

Just in case... this is the wording I used...(fill in the red bits with your dates and figures)

 

The claimant claims the return, by cheque,

of money taken by the defendant in the way of

charges over the last 6 years. The bank's

charges are a diproportionate penalty and

therefore unenforcable as they are contrary

to common law. Further, as a

disproportionate penalty they are invalid

under the Unfair contracts Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. para 8 and

sch.2 1 e. In the event that the charges

are not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and services Act 1982 s.15. The bank have

declined to justify their charges. Total

charges of £0000 I also claim interest under section 69 of

the County Courts Act 1984 at the rate of

8% a year from XX/XX/2000 to XX/XX/2006 of

£00000

and also interest at the same rate up to the

date of judgment or earlier payment at a

daily rate of 8%. The total at XX/XX/2006 is

£00000 plus court fees.

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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Ooh, nicely-worded! Could have done with that when I was tying myself in knots trying to get mine in under the 1080 character mark earlier today! :O)

 

Lucy.

Lucycat vs. Halifax 13/9 - £4496.99 - WON!

 

Lucycat vs. MBNA (Alliance & Leicester) - 16/11 - Offer of £295 received - pursuing £575.

 

Lucycat vs. HSBC - 15/11 - MCOL filed - £1438 (& interest at 8% - another £392.49)

 

Lucycat vs. Capital One 15/11 - Offer of £136 received - pursuing £340.

 

Lucycat vs. Halifax - Mortgage ERC - 18/10 - LBA sent - £466.32.

 

Lucycat vs. Halifax - Mortgage Charges - 9/11 - D.P.A. Non-Compliance letter delivered.

 

Lucycat vs. LloydsTSB - Loan PPI - 5/10 - Statement received.

 

Lucycat vs. LloydsTSB - 20/10 - Prelim sent for £45 - returned undelivered, recipient has 'gone away'...! :o

 

* Lucycat vs. Carphone Warehouse - 13/11 - S.A.R. delivered. * Lucycat vs. Volkswagen Finance - 9/11 - S.A.R. delivered. * Lucycat vs. Barclaycard - 15/11 - S.A.R. sent out.

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