Aardvark vs Halifax 3-The Return of the Bank Charges (the contractual interest years)

[aardvark the lecturer]

Hi all,

well here goes round 3.

 

2 accounts already now settled with this lot (see the links in my signature).

 

I think all good trilogy's need to shake up the basic plot a little, so I'm thinking...

 

Contractual Interest Here We Come!!!!!!

 

The story so far....

 

8th Sept - S.A.R - (Subject Access Request) sent

13th Sept - SAR delivered

18th Sept - Cheque cashed

11th Oct - Rang as no acknowledgement etc yet received

 

- Apologies given, can see your cheque has been processed, but no copy of SAR on screen? Statements ordered over phone.

 

What was interesting though they explained how their post room works.

They have a paperless office apparently....

 

[insert joke here]

 

Apparently all our letters are scanned onto the computer system so the relevent departments can all access a complete history on screen.

 

I bet the users of this site have helped the employment market in this country by creating new jobs then!!!!!

 

Answers to the "insert joke here" competition anyone?

[Guest bluecloud]

 

What was interesting though they explained how their post room works.

They have a paperless office apparently....

 

[insert joke here]

 

 

 

So does this explain why the Halifax always places entries on my statements such "Interest as Notified" and I never seem to get all the letters. There's no paper in the office to print them on.

 

 

 

P.S. I'll be watching this thread with interest (pun intended) as I'm considering going down the Contractual Interest route with my Halifax CC claim.

 

 

.

[aardvark the lecturer]

Ok, have got all statements now, but have a question;

 

Approx half the total cash amount of my charges were for £5????

(all applied during 2001 - 2003, with only 3 charges in this period being different, they were the normal 28/33/35 amounts).

 

I don't recall this account being a student a/c, but it was a joint a/c with an ex partner. Has anyone tried to take a bank (or more specifically the halifax) to court over unfair charges when penalties were a figure like this?

 

I also intend (as above) to apply contractual interest to this account so i'm sure they will be paying a little more attention to this case than my other accounts.

 

I'm thinking the principal is the same, they cannot justify the £30 charge but even if they could justify a £5 charge they would still have to defend at the £30 mark and so are still unlikely to take this to a court room??

 

Any opinions/experience welcomed!

[dayglo]

principle is exactly the same - show me that it reflects your costs, or a genuine pre-estimate of the same.

 

It doesn't matter whether it's £1, £5 or £30. They can only reclaim off you what it costs them for your breach of contract.

 

Even if they can show that back in '91 that the costs were £5 (I doubt they can or will) then you just accept defeat on those and move on to the higher value ones.

[aardvark the lecturer]

Cheers dayglo, I'm getting the prelim ready as we speak....

[neilbass]

I had some £5 charges on the statements - mysteriously these did not appear on the schedule of charges the Halifax very helpfully recently sent me!!

[aardvark the lecturer]

They sent you a schedule of charges?

My god they are confused....lol

 

Did they give any reason for this?

[aardvark the lecturer]

Quick Update - Prelim letter sent today.

 

My, my what a differrence contractual compound interest makes!!!!

 

It took the claim from about £400 all the way up to £1000!

 

I'm sure this one should be interesting.......... can't see them folding quite as quickly this time, maybe still get there in time for christmas but probably not if they choose to go the whole AQ and court bundle route.

 

At least the clock's started ticking now though.

[aardvark the lecturer]

Prelim delivered 23/10/06,

LBA due 6th November......

 

tick....tock......tick......tock.....

[neilbass]

Hi Aardvark - they included 'their' schedule of charges with my final offer letter.

Single sheet computer printout with the header of "List of 94D charges incurred - Branch ....... Roll Number ................".

 

Its a list with 'date charges incurred' and 'amount' columns.

 

Would have saved themsleves a hell of a lot postage and me a lot of time if they'd sent this instead of hte copy statements a few months ago!

 

 

Good luck with the claim including contractual interest - they've not got their heads round 8% yet! :lol:

[aardvark the lecturer]

lol, but I thought you'd given sarcasm up for winter?

 

Glad to see it's just a rumour.......

[aardvark the lecturer]

You're gonna love this, part of my claim this time around is for the return of charges added to an account I've already settled (but were applied after I filed at MCOL).

 

They say,

 

As a gesture of goodwill we have already offerred you X, which you do not wish to accept. I confirm that we will not refund all the charges you have incurred......

 

I wonder what they'll say when I explain that in fact they already have, and that my current claim does not relate to any of the charges they think they do?

 

It's a cruel sport, like shooting fish in a barrel, but someones gotta do it.

 

I got a second letter that relates to the second a/c I already settled (again for charges after last claim was filed). This one claims that as I have already received a final settlement of my complaint, they are unable to refund any further charges.

 

Hmmmmm,

 

let's review the facts.

 

1. I have signed no such agreement or indeed any terms imposed on the settlement.
   
2. They did not attempt to claim any such terms when they offerred to settle.
   
3. They sneakily tried to add some after payment by saying "thank you for confirming your acceptance of our offer (which I didn't) of X in full and final settlement of your complaint. In reality my complaint was VERY clearly defined by the schedules etc as being from x date to x date. All charges now being claimed occurred after those dates and so did not form part of any complaint, let alone settlement that I alledgedly accepted (with or without any terms they dreamt they added). Hmmm, adding clauses after the fact, and with no evidence of my consent to said terms...... Yep, I think i'd enjoy seeing them sqirm in a court over that one!

That's round 1 of the rematch to me I believe......