Hi-Round One

[jane70]

Hi All

 

Am just about to send via recorded delivery my SAR, nervous as you know what! However, it has to be done. I had already been into the bank before to ask them not to charge me, and i might be able to get myself out of this hole ive sunk in, but you know the Halifax...no can do! Been with them since 1998, and initially all was well. However, i reckon my charges are going to be extortionate for the time period, as have had various years that had come unstuck with paying bills etc, and getting charged fot it. For instance in 2003 when my daughter died, it took nearly a year to recover financially, charged to the hilt. Then two other instances when my husband had accidents, it has been a nightmare. So now im fighting back. Havent even been able to get a headstone or even save because of the constant charges, so i need to do this for her sake, as well as our own.

Just done a brief calcualtion of charges from online statements, bearing in mind its only 2 years worth and that comes to 3k, unless im double calculating somewhere, no wonder we're always struggling!

So phase one has commenced..........

 

Ive read up on FAQ's, other Halifax threads etc, am still a little bewildred but recognise the support that this website gives, and it is much appreciated.

 

Jane

[lisa1977]

Good Luck Jane..

[closey]

Poor you. It breaks to heart to read what people go through in life and how, when they communicate this to the banks, they don't care and continue to take unlawful bank charges.

 

First things first, don't worry and don't be nervous. Knowledge is power, so the more time you spend on the forums reading and learning the better.

 

There are thousands of people here who will be with you every step of the way. You will get your money back.

[jane70]

Thanks for the acknowledgment..........after reading more and more, it seems the bank is changing tactics, with different replies now, so will be interested to see what the outcome are for these people.

I hope the people that are/were successful do make a donation to this website, because without their knowledge, encouragement and support they might have had a different outcome?

[Tinkerbelle]

Hi Jane,

 

I'm so sorry to hear about the tough time you've had. You will get all your charges back and I hope that will help to make you feel a lot better.

 

Take a read of my Halifax thread and I hope that helps to raise your confidence levels a lote more

 

Best wishes, and good luck

[jonni2bad]

Well done Jane - stick at it.

[jane70]

Sorry if im just about to repeat this same message again, as thought id posted a message but it didnt come up so here goes again.

 

Finally received all of my full statements since i first opened up the account in July 1999. My first charge from them being sept 1999, can i start my spreadsheet from this? Or shall i stick to the 6 years? They were the ones to send the full statements?

Also, in the prelim letter it states: i calculate you have taken £xxx plus £xxx which you have charged me in overdraft interest. This being the interest debited on my statements? Do i just tot up the total of interest debited, or do i have to add this with dates to the spreadsheet on the charges spreadsheet?

 

 

Cheers

 

Jane

[jonni2bad]

If you have statements that go back beyond 6 years then yes, I would advise you to claim them. The bank will argue that your claim falls outside of the Statute of Limitations, but if you are prepared to go to a court and argue the case, then we feel you have grounds to do so.

 

Even if a Judge agreed with them about the 6 year rule, it would not mean you lose the case for charges WITHIN the 6 years.

 

As to interest, if you can show that the interest you are claiming is a direct result of charges imposed on your account, then add them to the spreadsheet as you've mentioned and claim them.

[jane70]

Thanks Jonni for replying and giving me the answer that you did. I'd waded through 50 envelopes, 246 pages of statements and it totals up to just over £4000! Shame its Saturday, or i would have posted off the prelim letter via recorded del already.

Incidently, half way through the 40 day wait i'd sent a reminder just to keep them on their toes, and received a letter from them stating that in order for them to process the request for statements their is infact a charge of £5?

I was under the impression that it was £10 for the charge? I did reply stating dates and times of recorded del letter etc etc,,,and consequently asked for a £5 refund...what you reckon the chances of that are...lol.

[jane70]

Update:

Sent all letters within timescale stated, received the standard usual replies, also a part settlement figure of £1980. Replied thankyou very much etc, except in part settlement letter. Yesterday filed MCOL, but what i was wondering is and ive looked through step by step again, do i have to send a letter to Halifax with a schedule of the charges with the 8% attached? Cant seem to find the letter?

Regards

Jane

[jonni2bad]

There's no standard letter for this, just a quick note to say what you're sending and why. Include the court ref number.

[jane70]

Hi

Filed with MCOL, received a 'Notice of Issue', stating that claim was issued on the 5th Dec, and it will be served on the 10th Dec. The defendant has until 24th Dec to reply.

Do i have to do anything at this moment in time?

Regards

Jane

[lucy.c40]

hi jane i filed claim on 26th nov and deemed served on the 1st so they have to 15th to reply but looking thru a few posts i found that halifax had not (so they say) recieved court papers so i phoned them today and yes they havent got a clue where my papers are so now they are getting them faxed over from court and should phone me tomorrow ,so i would probably give them about 10 days and if you havent heard anything give them a ring ,hope that helps

[jane70]

Hi all again

 

Just a question as you do at this final stage! Reading through all the MCOL bumfph to see the options that im faced with. Firstly Halifax as you can see from above have till the 24th Dec to acknowledge, do you think that this particular festive busy time will work in my favour or not? As regards to them (Halifax) not responding? Then i could just claim payment through default? However this could be because im blond but on reading this bit:

If the defendant chooses not to respond to your claim, you can request judgment by default, online. MCOL will prevent you from doing so until 14 days from the date of service have passed, or 28 days where the defendant has filed an acknowledgement of service. The date of service is calculated to be 5 days from the date your claim was issued.

You may request judgment by default through Money Claim Online by selecting the Judgment Start option

You will be asked to decide whether you want the defendant to pay your claim by instalments or in one lump payment. If you have claimed interest as part of your original claim (i.e. you included details of interest claimed in the Particulars of Claim), you are entitled to claim interest from the date of issue up to the date you are requesting judgment

The last bit about the interest, obviously 8% added when filed via MCOL. Have i done a boo boo. I calculated 8% right from the start 6 years ago, as done so on the spreadsheet from this site? Does the above read that i can only claim interest from when issued? Issued when? I have been working nights, and what with the the light hair colour a girl can get confused. Can anyone enlighten me?

Also, does the MCOL close for an amount of time over Christmas?

Whats the best action to take? Dont want to ring Halifax if i can help it as fed up with them hounding me for outstanding money as it is, and their just pounce on me and bombard me with 'when you going to pay this money' type of questions, you know the ones when the answer will be: you will get your money when i get mine.

Have i confused you? Think ive confused myself now:(

 

Jane

[hillards]

Hi Jane

 

The 8% is correct as per the spreadsheets - it starts to be calculated from the day of the 'offence', that is the day they applied it to your account. This will continue to build up until the day they settle.

 

As for the timescales - the 14 days includes bank holidays and weekends. The 28 days includes the first 14 days, it just adds 14 days to the time if they file a defence.

 

Lucy, who replied to you before, has just got her payment today. As you've already filed, it may be worth telephoning Rachel Hinchcliffe at the Halifax (01422 391895) and check that they've received the court paperwork. In Lucy's case, she did that yesterday and got paid out today!

 

Hope that helps.

[jane70]

Hi

 

Just been informed via halifax email legal dept that they have informed court of 'acknowledgement of service'.

This bides them more time...............is this the normal stage for them?

 

 

Regards

 

Jane

[jane70]

Hi

 

Just been informed via halifax email legal dept that they have informed court of 'acknowledgement of service'.

This bides them more time...............is this the normal stage for them?

 

 

Regards

 

Jane

 

If this appears twice, apologies now!!!!!

[nona]

Hi Jane,

Yes this is normal

Yes this is normal

(Sorry, lol, couldn't resist)

Hang on in there,

Nona

[jane70]

Just sit back and wait........pace the floor, check the bank, check the post, pace some more........check the bank again.......and so on and so on, rather like queues.....trying not to be impatient! lol.

[hillards]

I'd insert a few extras in that list - have a cuppa, eat something, go to the loo, and so on - you've waited this long and they're playing the game.

 

If you really are really bursting to find out, give the legal department a call on 01422 391096 and ask for an update. Maybe mentioning how few shopping days are left will gee them up ?

[jane70]

Just rang the court to confirm the acknowledgement of service Halifax claimed they filed yesterday. The courts havent received anythiung as of yet, and she told me although on my paper they had until 24th Dec to reply, infact because its a weekend and their shut Mon & Tues, they have until the 27th! Ahhhh.....extra days to wait. So have just informed Legal Dept that the courts haven't received their acknowledgement. Lets hope they just pay me up, fingers crossed.

[hillards]

As with any letter etc., allow a couple of working days before it's deemed to have been delivered/served.

 

As you say though, it's still within the time limits. Lets hope the Hx have cancelled all their staff parties this week so they can catch up on some of the backlog of paperwork they have !