mcol or small claims

[sleightholme]

I may not be the best at organising my finances regarding bank charges , but luckily my wife has kept all our statements so do i have to ask for them again or do the preliminary letter requesting they pay us back.

We have calculated that over the 6 year period we have gone back to (can go back further but not sure)we have being charged £4671 do I just put this in the letter or do I have to use the spreadsheet as I have downloaded it but cannot get my computer to open it any ideas greatly appreciated. :confused:

[callumsgran]

You dont really need anything regarding the dpa letter, just send your prelim letter along with a list of charges.

You can write these out by hand if need be (and make copies) thats what i did.

Just put date, what charge was for, and amount and total it all up so they can see what you are claiming ok? good luck!

[nigel1804]

I'm not sure where or not you have to have microsoft excel already on your computer it would be in microsoft office.It would be a lot easyer as when it comes to doing the 8% its calculated at a daily rate *the number of days since the charge was made up to present day.And will continue to automaticaly do so until you enter your claim to court.Regards Nigel

 

But like cillitbanger says its not essential but it is a great help.Regards Nigel

[sleightholme]

After calculating our bank charges over a six year period payed out £5107,

We realised after careful checking we were still short of 32 statements should I request these and go for the throat or should I explain that I will be happy to settle for this as my show of a good will gesture.Any ideas or comments welcome

[Bookworm]

It's your money, your claim, up to you, but are you really that well off that you can afford to let it go?

 

There is no "goodwill gesture". They pay out because they took your money unlawfully, make no mistake about it. So why should you offer them a goodwill gesture? Any reason? They took your money for years with no right to do so!

 

32 statements, that could stil be a lot of money there. It if were me, I would make sure I get every penny.

[lisa1977]

I was missing a few months from one year too. I called ages ago & they have never shown up...sounds like your claim is allot bigger, so if you think its worth the extra ££ than go for it

[sleightholme]

I have followed the first round advice and submitted my letter to claim back my bank charges.

I have now recieved a letter back offering me £1860 as final settlement against a debt we thought was £5869 ,but the halifax have said our bank charges over the last 6 years was £8112 filling in the blanks of our missing statements.

Now what my wife wants to do is to take the money offered as she feels we will not get any further offers what do I do . stick it out and follow the next procedure or take the money .

originally we were only claiming for £5869, Help please. :(

[livelylad]

I have followed the first round advice and submitted my letter to claim back my bank charges.

I have now recieved a letter back offering me £1860 as final settlement against a debt we thought was £5869 ,but the halifax have said our bank charges over the last 6 years was £8112 filling in the blanks of our missing statements.

Now what my wife wants to do is to take the money offered as she feels we will not get any further offers what do I do . stick it out and follow the next procedure or take the money .

originally we were only claiming for £5869, Help please. :(

 

Stick it out you will get the FULL amount. Accept the cash as a part settlement. inform them you are seeking the balance.

[mikefellows]

You'll probably get a letter back when you reject their offer, saying that they won't be refunding anything - don't worry about this (and tell your wife not to either!), and proceed to MCOL when their time is up. They will refund it all.

[sleightholme]

Thanks for your comments so far they are all greatly appreciated , but do I go for the original claim of £5869 which we had calculated using our statements. Or do we go for the £8112 that the halifax have said that we incurred over a six year period they actually filled in the blanks for free.:idea:

[sleightholme]

Is accepting their first offer and saying i will take it as part payment going to affect my chances of claiming the rest.And do I say in a letter if I do claim that the amount offered is for part payment and i am applying to Mcol to redeem the rest and 8% intrest charges.

[Springer]

Hiya,

 

The LBA is the Letter before action, so you send your preliminary request for the charges, with a copy of your schedule and give them 14 days to respond. If they haven't responded, you then send this letter, your LBA. This says you will give them another 14 days to respond and if not you will take action. The taking action bit is then you do the Money Claim On Line bit.

 

Accepting their offer won't affect your charges of getting the rest, that is what most people in the sucessful claims thread seem to have done anyway. If you look at the rejection of offer letter in the Templates thread, it is all pretty clear. Looks like we are at the same stage! I got an offer today, but am sending them back my rejection letter today, saying I will accept £900 of an £1800 claim, but only in part payment and I wil be pursuing the rest etc.

 

Hope this helps.

 

xoxox

[HadEnough]

I'd go for the £8112 for sure and don't forget to claim the contractual interest, i did and i just won!!!!!!

[chopperclaire]

You will definitely get all your money back, and they send these ridiculously low offers hoping people will accept them!

Just one thing, if I remember rightly the limit for the small claims court is £5000 so you may have to look into this, and split the claims into two.

[Spuddy]

agreed, possibly split the claim into two by doing 3 years for each claim.

[neilbass]

Definitely stick with it - they would be so happy if you left it at this stage.

[sleightholme]

Thanks to everyones positive replies to my thread , the service that you guy's offer is a godsend I've decided to go for the full amount of 8k and thanks to the advice given will split it into 2 claims.

I will keep everyone posted as to what happens .

And I promise if things are resolved I will help this site in what ever way possible . We all must have faith and follow the advice given.

thanks:)

[sleightholme]

Just logged on again and read about zenith's girlfriends claim mine isn't far off and Now beginning to wonder when the president will be set as to who will be the first , or am I just being negative do the goverment need to set a new legalsation before we have to think of other ways to claim back these UNFAIR BANK CHARGES . remember the advice given is offered free of charge so what have we got to lose . if the ---t hits the fan I know that I will be ready thanks to this site . But we have to carry on !!!!!!!!

they've

already taken our money so what have we to lose!

 

 

 

GOOD LUCK EVERYONE

[Boobaby]

Just logged on again and read about zenith's girlfriends claim mine isn't far off and Now beginning to wonder when the president will be set as to who will be the first , or am I just being negative do the goverment need to set a new legalsation before we have to think of other ways to claim back these UNFAIR BANK CHARGES . remember the advice given is offered free of charge so what have we got to lose . if the ---t hits the fan I know that I will be ready thanks to this site . But we have to carry on !!!!!!!!

they've

already taken our money so what have we to lose!

GOOD LUCK EVERYONE

 

I think like you, and thousands of other people, I kept waiting for them to close the loophole, but then suddenly realised there is no loophole !!!

Until they (all over chargers) suddenly wake up and realise that "Doh our charges are unlawful and it doesn't cost us £30 to not send a letter (as don't send anything in my case!!)" Then and only then will people like us not need to chase them. There's a lot of money going into the banking system All we want is for them to play fair with our money not too much to ask:-D ?

[Guest ian cognito]

it's not just that they need to realise their charges are unfair, it's the way they can completely destroy peoples lives and not so much as blink, families doing without food, people losing their homes, their sanity and even saadly, their lives. All because the banks have the power to give their charges priority.

 

Well I. like many, have had enough, if we can force them to drop their charges and even the way they can take them, then we've won, even if it does stop us claiming them back.

[neilbass]

A lot of the credit card companies have now dropped their late payment charges to £12 - this may be a deliberate misinterpretation of the OFT report, but it is a step in the right direction.

 

They are getting worried, but at the same time I read on here earlier that Halifax profits are so many £billion a year - so even the £million or so they've refunded so far won't really hurt them.

 

For now I think its just a case of spread the word - far and wide - that we can get this money back.

 

Gave me a boost today watching 'Working Lunch' on BBC2 when they gave their 'fanfare of the week' out so someone who today got £2,000 back from the Halifax in Unfair charges - they cheered!

 

The word is spreading - but what we need is for government legislation to ban these charges - it has to come it just needs a government with the guts to do it.

[sleightholme]

what is the best course of action to take if it goes to court my claim is 8k+ before intrest mcol or do a split claim with small claims

[Boobaby]

what is the best course of action to take if it goes to court my claim is 8k+ before intrest mcol or do a split claim with small claims

 

If I was you I would split the claim - do one first and then the other. Do not submit them together. Probably best if you split it time wise e.g. 2000 - 2003 & 2004 - 2006.

Boo

[sleightholme]

Woken to the sound of letters tumbling through the mailbox, a reply from the halifax .

Standard letter saying that they will not be refunding the full amount of charges we have incurred on our account over the six years, also notifying us they would be closing our account if we do not manage it properly( maybe we could if they did,nt charge us that much).

Now for court as the amount excides the 5k cap that small claims advise we are to take the advice given and split the claim in two over 3 year periods.

So do I go on Monday to the court and lodge these together or wait anthor week as they replied back to us after only 7 days of our 14 day deadline .

Also now that we will have to go to court my wife is nervous that she will have to appear as the account is now solely in her name.

would I be able to act as her representative. any advice kindly recieved.

OR IS IT EASIER ONLINE>

[Angi]

Hiya

I would stick to your time-table, ( I did when this happened to me)

As for the going to court bit, I dont think you will get that far, so dont worry about it AT this moment in time. I am sure if you & your wife have to go to court, you will get lots of support, from the Mods & other members. So tell your wife not to worry (which I know she will) but this is your money, you WANT it back.