Newbie planning to take legal action against the Halifax

[watccoe75]

I am planning to take legal action against the Halifax for the £90 in bank charges they have deducted from my account over the past three years. Not a huge amount I know but it’s the principle of it.

 

Just have a few questions:

 

How do I find out when my account was opened (have had it for the best part of 20 yrs) for this bit of the claim form:

 

The claimant held a current account XXXXXXXX with the defendant since before (insert date), until (insert date).

 

How do you calculate the interest on the interest i.e. for the O/D charges (IYSWIM) - as the rates change all the time is this more trouble than it's worth for such a small amount?

 

I sent the 14 day letter threatening legal action in January but never got around to filling the claim form in til now – does this matter?

 

Got the following reply:

 

Dear Mr XXXXXX

 

Complaint

 

I thank you for your letter dated 11/01/2006 the contents of which I note. For your information I enclose a copy of Bank account conditions and would draw your attention to section 19 regarding charges.

 

Please contact me on the telephone number above if you would like to discuss this matter further. I am also enclosing a complaints leaflet detailing our procedures in the event that I am unable to resolve your query.

 

I trust you will contact me to discuss your reasons for requesting a refund.

 

Yours sincerely

 

Assistant Manager

Sales & Service Dept

 

Do I have a duty to phone them before I take legal action?

 

Sorry for all the stupid questions and thanks in advance to anyone who can spare a few minutes to reply.

[baconbuttyman]

Phone the bank and ask for all the statement since you opened the account, thay have to supply these on demand and there may be a small fee of a fiver, but they may wave the fee if you mention this site, its happened before, there is a step by step guide in the faqs section

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?f=5

 

give em hell, 90 quid is better off in your pocket than theirs

good luck

[watccoe75]

Thanks for the reply bbm - I have the statements covering the period when the charges were levied, but will call them to find out exactly when the account was opened.

[watccoe75]

Update:

 

Against my better judgement I phoned the bank to give them one last chance to refund the charges. This was mainly because I left it so long between the letter of action and actually doing anything further. The person I spoke to said that the person who originally replied to my letter now worked in a different office, and could I give them the details of my 'complaint'. I gave them the dates and amounts of the various charges and they said they would look into it and phone me back. They duly phoned me back half an hour later saying would I like to come in to discuss the charges. I said that this was not convenient and besides I had already called in at the time the charges were levied to ask for them to be refunded (true). I said I simply wanted to know whether the Halifax were prepared to refund the charges which I considered to be illegal. They said ' on this occasion we are unable to help you'. End of conversation.

 

To cut a long story short, should I send another letter of action (so they can't use the excuse that the person dealing with my case had left & claim I didn't give them enough time to resolve the issue) or just submit the claim?

 

TIA.

[watccoe75]

Phoned the county court in the end - they advised me it's ok to go ahead with the claim. Just checked my statements though and all it says is 'Charges as Notified'. Is this enough detail for the moneyclaim online form? I know exactly what the charges are for but there isn't enough room to put the details. Also I read on bankchargeshell.com that you are supposed to put *exactly* what it says on your statement.

 

Any comments/advice much appreciated.

[watccoe75]

Phoned the Moneyclaim helpline this time - apparently the particulars should include an accurate description of what you're claiming for. You do not need to mirror exactly what it says on the statement if it just says 'Charges as Notified'...

 

In hindsight this is common sense really isn't it?

 

Anyway, claim now submitted.

[Tinkerbelle]

Good Luck!!

[watccoe75]

Thanks! Will post developments as they occur

[Tinkerbelle]

Any news?

[watccoe75]

Any news?

 

Just got in to find a letter from the Halifax waiting for me saying they're going to settle in full! Just checked my bank account and the money's gone in as two cash payments!

 

Wahey!

 

:D:D:D:D:D

[sgt_bilko]

Congratulations watccoe75.... wohoo! another notch on the CAG belt!

 

 

Happy Spending

 

Peace Man

[watccoe75]

Congratulations watccoe75.... wohoo!

 

Thanks! And good luck with your outstanding claims

[essjaydee]

nice one mate, well done!

 

fingers crossed it'll go so smoothly for me!

 

congrats again, RESULT!

[watccoe75]

nice one mate, well done!

Cheers!

 

fingers crossed it'll go so smoothly for me!

 

 

I'm sure it will

[blinkyblinkyblonk]

well done good to hear hope its smooth as it sounds for me

 

another breath of inspiration for me thank you xx

[watccoe75]

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