Halifax CC charges- **REFUNDED SATISFACTORILY**but left default

[GaryNI]

seen that odd £8.88 and removed it....so now that the CI Sheet is ready, I enclose it along with the letter you pointed me to from "There is one in the CAG library but there is a later one at post #31 here"

 

http://www.consumeractiongroup.co.uk...ET-OFF**/page2

 

what about the complaint form from the FOS ??

[ims21]

For a charges reclaim you don't use a fos questionnaire. That is for PPI and your claim is already submitted for that so forget the fos questionnaire. If they want one completed for the PPI claim then they will send you one.

 

You now send the preliminary letter for the charges reclaim and enclose a copy of the spreadsheet. If you can, send it recorded to their registered office.

 

ims

[GaryNI]

ok will do, i will send the CI Sheet along with that letter (with my details) to Halifax tomorrow via Recorded to halifaxBOS 25, Gresham Street, London, EC2V 7HN

.

[GaryNI]

in the draft letter from post #31 you directed me to what amounts do i put in were the 'xxx' is ??

 

I calculate that you have taken £xxx plus £xxxx whichyou have charged me in interest which total £xxx.

[ims21]

The first figure is the amount of charges per the spreadsheet, the second figure is the amount of interest per the spreadsheet and the last figure is the total of the two

 

ims

[GaryNI]

so according to this draft mine are as follows:

 

I calculate that you have taken £420.99 plus £311.32 whichyou have charged me in interest which total £732.31.

Draft2.xls

[ims21]

Yes

[GaryNI]

thanks again ims21, ill post the letters tomorrow and keep you up to date

[GaryNI]

ok, letters and CI sheet all ready to go but just checking do i need to sign any of them ??

[ims21]

Yes but you might like to make a very small change to your normal sig that will identify that this signature was only on these documents.

[GaryNI]

ok will do, so i have shown you the final CI Sheet yesterday, here is the letter that will go along with the CI Sheet with minus my details and here is the letter i am sending to Moorcoft, do they look and read ok ??

 

EDIT, sorry having trouble uploading WORD docs

Edited May 29, 2012 by GaryNI

[ims21]

ok will do, so i have shown you the final CI Sheet yesterday, here is the letter that will go along with the CI Sheet with minus my details and here is the letter i am sending to Moorcoft, do they look and read ok ??

 

EDIT, sorry having trouble uploading WORD docs

 

I'd convert them to PDF for posting up if it were me

[GaryNI]

ok here is another try then in PDF

Claim Letter1.pdf

DCA Letter1.pdf

[ims21]

Ok with the claim letter you need to remove the bit about going back further than six years as that is not relevant in this case. Other than that it is fine.

 

The DCA letter is OK

[GaryNI]

so it looks like this now then, ??

Claim Letter2.pdf

[ims21]

Yes its ok but I've unapproved the attachment because it has your personal details showing

[GaryNI]

Thanks, really greatful for your time and helping me out. Ill post the letters off this afternon and await the replies

[GaryNI]

letter to DCA posted recorded delivery today and letter to Halifax posted recorded delivery today...also found out that i won the PPI agaisnt the same card that i am claiming the late fees and overlimit fees against and was told that ill get a cheque soon

[GaryNI]

no letter from Halifax but got a letter from Moorcroft yesterday, this is what it said -

 

RE: HALIFAX

 

We acknowledge receipt of recent correspondence with regards to the above account. Please be assured that your account is now on hold whilst we investigate this matter further with our client and that we will communicate their repsonse upon receipt.

 

In the meantime if you require any futher information or assistance please do not hesitate to contact us on the above telephone number

 

Yours Sincerely

[GaryNI]

got my letter back from Halifax yesterday, here is what the letter said :

 

 

 

Thank you for taking the time to contact us about your complaint. I'm sorry to hear you're unhappy about the charges that have been applied to the above account. I understand you feel the charges that have been applied are unfair.

 

We believe that a charge of £12 reflects these costs. In 2006 the (OFT) carried out an investigation into the fairness of credit card contacts and in particular the default charges - charges where a customer falls outside the credit agreement for example late payments. We provided full details of our costs to the OFT at that time. Following their investigation, the OFT said it wouldnt take further action where charges were set at £12 or below.

 

Looking at our records, I can see you have defaulted on your account since it was opened. All these were detailed on your statements, along with the fee charged each time. However, because of this, we had costs which need to be recovered, and therefore believe we're justified in applying the £12 fee. An example of when your minimum payment wasnt received by the Due Date, would have been Nov 2010 and Apr 2011, unfotunately this meant we had extra costs in managing your account.

 

My records show that your account has been with our collections Department in the past. As well as the messages and default notices on each statement, we make every effort to contact a customer by telephone, letter and text to try and provide support. By doing this we'd hope that repayment plan could be agreed that both parties would be happy with. Each attempt to make contact does increase the costs of managing your account.

 

I've completed my investigation and i can see that we havent applied charges of more that £12 to your account. Based on the the independent review of our costs, as mentioned above, we believe that all charges we've made are fair. Regrettably therefore, i cant offer you a refund. I realise my decision may not be the one you wanted, but i do hope that you understand the reasons for it.

 

I've also enclosed a copy of our complaints leaflet which gives you these details and if you wish you can also make conact with the FOS for assistance. This letter can be accepted by them as a final reply.

 

Yours Sincerely

Halifax

 

 

 

so, whats next anyone ??

Also, i dint understand the bit in the letter that says ''I can you see defaulted on your acc since it was opened''

[ims21]

Post #9...next step is the letter before action.

 

Only threaten court if you intend to go through with it.

 

Their sentence means that there were times when the account was operated outside the T&Cs which is why they feel their charges are fair.

[GaryNI]

When you say "Only threaten court if you intend to go through with it" I take it you mean there could be a chance i go to court over this ?? If so will i have to cover the my own legal fee's. Sorry if these questions sound silly, just the idea of going to court sounds bad, if you know what i mean.

[ims21]

When you say "Only threaten court if you intend to go through with it" I take it you mean there could be a chance i go to court over this ??

 

Yes

 

If so will i have to cover the my own legal fee's.

 

As others have done, you would likely represent yourself so it will be the cost of filing forms etc but you get these back if you win.

 

Sorry if these questions sound silly, just the idea of going to court sounds bad, if you know what i mean.

 

Might be an idea to read around the bank forums at successful cases

[GaryNI]

I will have a read around. I do think Halifax are in the wrong for applying these £12 feees as at times i wasn't even in full time employment plus i had rent and other payments to make 1st. If i do go ahead with the 'letter before action' then were can i find one please ??

[GaryNI]

@ims21, i have read around some of the other cases on the forum and i will go ahead with the ''letter before action''

 

were can i get a template of this please ??