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Halifax, suing for charges back

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LBA letter has not done the trick for £1000 in charges and interest. Is there a guide to court application?.

 

I recall using moneyclaim online for bank charges back in the day but get the feeling this has changed.

 

Thanks

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There have been some changes yes, but not quite sure what help you are requiring. Is it help with the Particulars of claim to reclaim the charges ?

 

Are these current account charges or credit card charges ?


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The response I am going to give you here is in part for the benefit of others who take an interest in this thread.

 

Well done on trying to reclaim bank charges - more people should be doing it - and in my view they are recoverable.

 

However, on what basis have you sent an LBA and what did you threaten them with?

Why have you sent an LBA but with clearly not much of an idea what your next step would be if they took no notice of the threat? Sending an LBA is - or should be - a serious matter and it should be part of an overall plan.

You seem not to have any plan at all.

 

This is a fatal mistake and you undermine yourself and everyone else who wants to try and challenge their bank. - (Not only you, though, but everyone else who takes the some kind of action)

 

 

 

Why don't you tell us your story and then we can help you make a plan.


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Hi Bankfodder,

 

Your reply stung a bit but fair enough I should have elaborated more. I am about to set up a DMP for 30k + debt and need to get back as much as possible beforehand. The claim is for charges applied to a Halifax credit card, late payments, overlimits etc, the account had PPI applied to it for 10 years which I have reclaimed successfully.

 

It has always been my plan to take this to as far as it needs to go so the LBA was a serious intention which I will happily follow through to court but am up to my neck battling with many current creditors, RBS witholding SAR info for one, which is doing my head in hence my asking for a bit of clarity on the court aspect, I have won numerous PPI and bank charges claims in the past but if the MCOL system does not apply anymore thats where I need a bit of guidance! there doesn't appear to be a clear guide anywhere to this so any links or advice would be much appreciated.

 

With interest my claim adds up to approx £1000.

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Thanks for this.

 

 

If the charges relate to credit card charges, them the situation is more straightforward than bank charges.

Bank charge claims will take a fair amount of work because by and large there have been no charges claims - based merely upon the unfairness of the charges - since the test case in 2009.

I still think that they are recoverable.

 

If you are after credit card charges then if the charges were levied at a rate above £12 then reclaiming will be pretty straightforward because the bank will know that they have been caught with their hands in your pockets - although they will probably try to offer you the difference between their charges and £12. You should refuse this and insist on the lot.

 

If the charges have been levied aat £12 then expect more resistance from the bank. They will try to tell you that the OFT have approved this level of charges - but this would be a lie. The OFT merely said that beyond £12, charges are definitely unfair and less than £12 they are still probably unfair.

 

Please can you tell us a bit more about the charges - dates and levels etc.


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Cheers, There are some at the higher level,£25, £30 etc but these are likely to be ststute barred as just over 6 years ago. The rest are £12 ones, the overlimit ones are a joke as the balance should never have been that high due to the bloody PPI !!

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No charges are statute barred. In every case you are requesting the return of money paid under a mistake - the mistake being that they had mislead you into believing that the charges were legally enforceable.

 

In addition, if the debt was caused by the PPI problem, I think that this is very helpful to you.

 

What is the basis of the PPI mis-selling and how are you claiming the refund of this and at what stage are you at?


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PPI has been reclaimed already as it was forced on me, killer blow was proof that I had an income protection policy already at the time.

 

The debt was made worse by the PPI and will have influenced most of the charges.

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Was it Halifax which ripped you off on the PPI as well?

 

I think that you should start off by calculating all of the charges.

The calculate all of the interest which you had to pay on those charges

Add them together

Then add the interest which you were paying on that value in respect of any loans you took out - so if your charges were £2k, the interest which you paid on them might have been £1k = £3k

 

then you had a loan out - but £3k of that loan was merely to service the charges so you want the interest on that £3k loan as well.

 

See how that all works out and then put on 8% or contractual interest whichever you think you can get away with.

 

How blatant was the PPI mis-selling? Tell us a bit about it. If it was really "in your face" then you may as well leverage that against the bank.

 

Finally - a bit more of the stinging stuff: because you have been around since 2006, you should really be well up on all of this stuff - and I don't think that you are.

 

So go and do some homework on time limits for charges, the basis of charges reclaims for credit cards as opposed to bank charges, and county court procedure. Also, check up s140A and B of the Consumer Credit Act because you may need to use that as well.

 

Understand what is going to happen after you start your claim process and you send another LBA and then the bank ignore you again.

Understand what you will have to do - and whether you are prepared to go through with it - and whether you are prepared to set the timescales, take control and be the one to make things happen.

In other words make your plan and be prepared to stick with it.

After all, it's your money and you get to keep it - but you need to invest a bit of effort in it.


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