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Dowie Vs Halifax


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Well the Halifax recived my preliminary letter on the 27th March, I am claiming back £476.

 

I haven't heard anything yet, but fingers crossed I will do in the next few days.

 

I've started a new thread because my old one disapeared... so this is where I'll keep everything updated with my case.

 

Good luck, everyone!

 

Kc.

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Good luck, don't forget to keep us updated.

 

Your old thread may have gone missing when the site changed name and started using this new layout.. maybe??

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Good luck, don't forget to keep us updated.

 

Your old thread may have gone missing when the site changed name and started using this new layout.. maybe??

 

I think thats exactly whats happen. Thanks for your good luck wishes. :)

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Update:

 

Well I still havent heard from the Halifax... no standard letter, no nothing. I sent my letter by special delivery, so I know they have received it. Monday is their deadline day, (It's now Friday) so I dont think I'll be hearing anything.

 

I'm going to send my second letter first thing Monday morning. and see what happens then.

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Received a standard letter this morning (Saturday), which is good as I now know they have received my preliminary letter.

 

Dear Miss XXXXX

 

Thank you for your recent letter. I was sorry to learn that you are unhappy with the charges applied to your account.

 

We are keen to deal with your concerns and are currently investigating your complaint. You will receive our full response shortly.

 

I enclose our complaints leaflet, which explains how we will deal with your complaint. If you need to speak to us about your complaint in the meantime, please call us on 0141 204 6451.

 

This is from Tracy Hopkinson, customer services... and a Leeds address. Am I right in thinking I should send my 'Letter before action' to this new address?

 

Thanks for your help, people.

 

Also, is it possible for the name of this thread to be changed to CunnyFunt Vs Halifax? Cheers.

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I'm not sure what address you should use, or have been using...!

 

I'd be inclined (if it was me) to send it to Trinity Road, and to my local branch. HOWEVER, as she says that it is being dealt with, it'd be an idea to AT LEAST cc the letter to her address.

 

Be sure to stick to YOUR deadlines. You call the shots, not Halifax!

 

Send the Letter Before Action when your deadline expires.

 

Good luck, keep us posted.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Hey Monkey,

 

Thanks very much for changing the title!

 

I sent my first letter to the Trinity Road address... so maybe, like you say, sending one to each address is a good idea.

 

Thanks for your help. =o)

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  • 2 weeks later...

No probs, although I notice you've changed your bloody username!

 

I'll rename the thread - again! *sigh* lol, joking, don't worry!

  • Confused 1

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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No probs, although I notice you've changed your bloody username!

 

I'll rename the thread - again! *sigh* lol, joking, don't worry!

 

LOL...Bankfodder asked me to change it, so being a good forum member, I obliged.

 

Ok, so today I received a goodwill gesture of £56... I'm going to write them back and decline their offer... or should I just file my claim on the 15th day? Hhmm.

 

 

EDIT: There is a number on the letter and it says 'If you would like to discuss your concerns, please contact me'. I really want to call them, but I'm not very good in these situations... can anyone please give me some advice on what I should say? Cheers for any input.

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So, I decided to call the Halifax and decline their offer. The woman I spoke to said that she feels the £56 was a fair offer (?!?!) and she said I wont be getting another offer. She's taken my number down anyway, so I wonder now if I'll get another call. I told her that I will be filing a claim on the 26th April anyway.

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There's somethin I'm a little confused about, and was wondering if someone could please advise. I'm not certain if I put the interest charges onto the excel spreadsheet.

 

Could someone please confirm? Cheers.

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Sorry for being lazy, I haven't read the whole thread yet.....

 

If you are ready to claim through court, then that is the time to prepare the interest on each charge (the 8% version).

 

Is that what you are referring to?

 

Or do you want to know how to input them?

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Sorry for being lazy, I haven't read the whole thread yet.....

 

If you are ready to claim through court, then that is the time to prepare the interest on each charge (the 8% version).

 

Is that what you are referring to?

 

Or do you want to know how to input them?

 

 

Thanks just for replying! lol

 

I understand that when I submit my claim with Moneyclaim I can add 8% interest. When I add my charges to the spreadsheet... do I include the intested that Ive incurred on these charges?

 

Again, thanks for your reply!

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It is my understanding that if you put the 8% on everything (excluding costs) then you are effectively asking for interest on interest. Because of this, you put the daily interest from date of claim until settlement ONLY on the charges total.

 

Perhaps a point that could be clarified in the FAQ section.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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OK, I think you are getting more and more confused.

 

At court stage, for example purposes only, your charges amount to £2000

 

When you input the charges into the spreadsheet (or online calculator) the 8% total interest is £600

 

Your claim is for £2600 (plus court costs)

 

The daily rate of interest from the date you issue it, until they pay up, will be 8% on the £2000 only, otherwise you are adding interest to interest.

 

The calculation for this is 0.00022 X the amount of your claim

 

Thus - 0.00022 X 2000 which would equal £0.44p PER DAY

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Flippin' heck, Jonni, you've been doin' a lot of reading haven't you?

 

Dowie - If it were me, I wouldn't even give them the time of day on the phone. I would much sooner write to them - that way I can think about what I want to say.

 

I rejected my 1st offer of £380 in writing and received a higher offer a few days later (ha ha). Also, if you keep everything in writing, and it goes to court - you have written proof.

 

Best of luck mate, and may the best man win! (Except I'm a lady!)

 

x

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OK, I think you are getting more and more confused.

 

At court stage, for example purposes only, your charges amount to £2000

 

When you input the charges into the spreadsheet (or online calculator) the 8% total interest is £600

 

Your claim is for £2600 (plus court costs)

 

The daily rate of interest from the date you issue it, until they pay up, will be 8% on the £2000 only, otherwise you are adding interest to interest.

 

The calculation for this is 0.00022 X the amount of your claim

 

Thus - 0.00022 X 2000 which would equal £0.44p PER DAY

 

No, thats not what I mean, at all.

 

I completely understand the 8% interest thing.

 

What I'm talking about is the interest on my bank statements for charges I've incurred.

 

Thanks for your help.

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Flippin' heck, Jonni, you've been doin' a lot of reading haven't you?

 

Dowie - If it were me, I wouldn't even give them the time of day on the phone. I would much sooner write to them - that way I can think about what I want to say.

 

I rejected my 1st offer of £380 in writing and received a higher offer a few days later (ha ha). Also, if you keep everything in writing, and it goes to court - you have written proof.

 

Best of luck mate, and may the best man win! (Except I'm a lady!)

 

x

 

 

Hey C&S!

 

Glad you found me. You're probably right with the not calling them thing, but hey-ho too late now... I'm just wondering now if I'll hear from them again before Wednesday.

 

And good luck to you too, my friend. :)

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..What I'm talking about is the interest on my bank statements for charges I've incurred....

 

In that case........

 

You can claim for the interest that the bank applied to your account solely due to the charges, i.e. NOT for general interest which occured simply because you had gone overdrawn.

 

This, in my book anyway, is more complicated to work out because you should ideally know what APR they charged you for general overdraft rates and for 'over limit' rates - unless, of course, you are one of the 'lucky' ones whose statements break this figure down for you.

 

It can also be argued that by not claiming this (possibly much smaller) figure, that you are allowing the bank an amount you consider IS proportionate to the costs it incurred dealing with your failed Direct Debit / Cheque etc etc.

If you had to face the enemy in court, you would at least have an arguement to show you have allowed for actual cost. Remember though, you do not have to give them it.....

 

Another train of thought on this subject is as follows - If the interest is not itemised, then claim for ‘Interest Charges,’ and the onus will be on the bank to demonstrate the proportion they are entitled to.

 

The choice is yours........

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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In that case........

 

You can claim for the interest that the bank applied to your account solely due to the charges, i.e. NOT for general interest which occured simply because you had gone overdrawn.

 

This, in my book anyway, is more complicated to work out because you should ideally know what APR they charged you for general overdraft rates and for 'over limit' rates - unless, of course, you are one of the 'lucky' ones whose statements break this figure down for you.

 

It can also be argued that by not claiming this (possibly much smaller) figure, that you are allowing the bank an amount you consider IS proportionate to the costs it incurred dealing with your failed Direct Debit / Cheque etc etc.

If you had to face the enemy in court, you would at least have an arguement to show you have allowed for actual cost. Remember though, you do not have to give them it.....

 

Another train of thought on this subject is as follows - If the interest is not itemised, then claim for ‘Interest Charges,’ and the onus will be on the bank to demonstrate the proportion they are entitled to.

 

The choice is yours........

 

 

Hey again!

 

Well I have the interest charged, for unpaid DDs on my statements, so I know how much they owe me. Thanks so much for explaining this.

 

Well I'll be filing with Moneyclaim on Wednesday 26th, so I'm going to read up on that again now.

 

This is where it either gets scary, or exciting... I haven't worked out which one yet though :)

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Deleted post so I don't hijack anyone else's :)

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

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Guest Lueeze

Hi there...

 

You need to start your own thread (otherwise youll be hijacking some elses!) and ask those questions once you have read through all the FAQ's

 

Good Luck

 

Lou x

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Dowie, have you filed your claim yet?

 

Yep, just done it now!

 

Have you heard anything yet, C&S?

 

Do you know which mod I should send my claim details to?

 

Thanks!

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