Dave takes on the Halifax *** WON ***

[Sledge]

Nice one, thanks for the help matey....going to ammend my charges schedule now

[orfoster]

up till court i would amend the schedule and then submit it to the court with the 8% on it and whenever you send the schedule into the court or defendant through the court process, leave it set to the date you sent it to the court, don't change the date. They will know they must pay you the interest still as it is indicated in the claim particulars.

[Sledge]

what do you mean? I have done an additional schedule of charges. I was going to send this off today? Or is what you are saying to wait till the next step and bring it to the courts attention?

 

Edit:spelling!!

[orfoster]

What i mean is if they add charges on the whole way through then just update your schedule but the moment you get into court stages freeze it. E.g it totals £2500 with interest and then two weeks later the court ask for a schedule for whatever reason and including interest it totals £2520, send them the original spreadsheet from the day you submitted the claim, don't update it or add any other charges to it. They will know the interest has been added.

 

if you get what i mean.

[Sledge]

okies, i think i do get ya thankyou

[Sledge]

Right, thats the second half of my LBA sent off today. Going to send off my LBA for our joint account tomorrow :S

Also tomorrow, i will put a bullet pointed breakdown of events.....should be easier to follow that way!

[Sledge]

Me again! A bit later than promised but i managed to post my LBA for our joint aco**** today!!!

Here is a breakdown of events so far:

19th Oct-S.A.R - (Subject Access Request) sent off for my account...recieved on the 20th

19th Nov-After recieving 6 years of statements sent of my request for refundof £1290 inc interest.

24th Nov-got letter stating they have recieved request and have handed it to customer relations.

23rd Nov-Recieved 17 years worth of statements for my account along with statements for our joint account!

23rd Nov-Sent off request for refund for my account dating from 93-98 an additional £2642 inc interest.

28th Nov-sent off request for our joint account ref refund of charges £1803 inc interest.

 

 

That should make it easier to follow

 

I am still a tad concerned about the 13 years i am claiming for with my account! I think i may blow the whole thing...i know the judge (from what i have read) only sees the charges in the last 6 years....what do you think the Halifax is going to do with 13 years worth? Do you honestly think i stand a chance or are you allw aiting for me to take the plunge to see what happens? I dont mind being the guinea pig but i would like to hear some honest responses from you

 

Thankyou in advance.

 

p.s. Where do i start when putting together a case for the court? Never been to court before and i am nervous as hell!!!! What argument can i come up with for thirteen years of charges?

I am not good with big legal type words and all that. I guess i will recieve the help i need when the time comes though.

[sarahdactyl]

Hiya Sledge,

 

Don't worry about going to court too much - you are unlikely to have to show up as they should settle with you well before it gets to that stage. You can even submit your forms online at www.moneyclaim.gov.uk so you don't even have to go in to submit the paperwork.

 

Also, no need to worry about jargon and wprs to use as there is a template for basic claims on here and someone will help you reword it if you require any amendments

[Sledge]

Thanks sarah,

 

i just noticed my total amount of charges including interest are over five grand!!! This changes things a bit....doesnt it?? Or am i okay because i have two accounts to claim for...ie do i submit them as two claims???

[HelFl]

just a thought - I had to chase halifax several times to make sure I got the statements from both my accounts. It's as if one person can only work one account. May be worth checking that they have your request for the statements on the other bank account. I did this over the phone!

Halifax have offered me a figure a lot less than what I was asking. I have declined thier offer and now they have written to tell me they aren't going to pay any of the refund. I have had a lot of bad service from Halifax so am going to keep fighting the battle. Court here I come!!!!

[AppleCrumble]

Me again! A bit later than promised but i managed to post my LBA for our joint aco**** today!!!

Here is a breakdown of events so far:

19th Oct-S.A.R - (Subject Access Request) sent off for my account...recieved on the 20th

19th Nov-After recieving 6 years of statements sent of my request for refundof £1290 inc interest.

24th Nov-got letter stating they have recieved request and have handed it to customer relations.

23rd Nov-Recieved 17 years worth of statements for my account along with statements for our joint account!

23rd Nov-Sent off request for refund for my account dating from 93-98 an additional £2642 inc interest.

28th Nov-sent off request for our joint account ref refund of charges £1803 inc interest.

 

 

That should make it easier to follow

 

I am still a tad concerned about the 13 years i am claiming for with my account! I think i may blow the whole thing...i know the judge (from what i have read) only sees the charges in the last 6 years....what do you think the Halifax is going to do with 13 years worth? Do you honestly think i stand a chance or are you allw aiting for me to take the plunge to see what happens? I dont mind being the guinea pig but i would like to hear some honest responses from you

 

Thankyou in advance.

 

p.s. Where do i start when putting together a case for the court? Never been to court before and i am nervous as hell!!!! What argument can i come up with for thirteen years of charges?

I am not good with big legal type words and all that. I guess i will recieve the help i need when the time comes though.

 

hi Dave,

I'm no expert at this, but have you thought of doing 3 claims, one for your account last 6 years, one for the previous 7 years, and another one for the joint account?

 

It might be alot of bother that way but at least if you don't win the one for the 90s because of statute barring or something like that, you won't jeopardise the others?

 

I think you need to do the joint account and single account seperately anyway. Also, I think you want to keep the claims under £5,000 for them to be in the small claims court

 

just a suggestion, hope it helps, I'm no expert just been reading alot on here!

[Sledge]

Thankyou apple I too have read all over this site...for some reason it manages to cloud you when it comes down to yourself!! I think that is the best thing to do.

 

UPDATE! Halifax phoned me today....offered me £233 as full and final settlement. I told them i would accept but not as full and final and would persue the rest in court.

 

They are sending me a confirmation letter. So, when i get this letter, is it time for the court thingy?

[AppleCrumble]

£233! full and final settlement for what is it about £5,000?!!!

 

you've gotta admire their sense of humour eh?! :D

[Jaynekul]

Well the call centre is based in Ireland! Nice try dont think so. I have done claim for my platinum credit card v them and waiting for the stats on the current account to pursue that next

[Sledge]

i think this gesture of goodwill is for the first request...£1290.

I take it that when i get the letter confirming this, then i can start my court proceedings?

[Sledge]

Recieved my letter this morning ref my account over the last six years. I refused payment etc etc...even though i stated that i refuse as full and final! ho-hum!

I take it now it is time for the letter before action to give them a further 14 days?

[Sledge]

Got letter this morning saying i refused payment! I stated that i refuse as full and final....anyways....

Do i now go for the letter before action to give them a further fourteen days before court? Or just go for the MCOL thing?

[Jaynekul]

Stick to the critria then you cant be criticised. 14 days IR 14 days LBA then 14 days MCOL

[Angi]

Jayne is right,

Stick to your time-table, you are on the right track, your LBA is due to go for Monday, so get working on that over the weekend, ready to post on Monday

[Sledge]

got phone call this morning from Halifax, ref joint account. They offered me 800 quid initially then upped it to a grand as full and final settlement. I will await their confirmation letter then send off y LBA. On 18th Dec the 14 days are up for my acount. Then it is time to part with £120 for court costs Is it easier to do it online or just go into my local county court?

[Sledge]

Recieved another phone call this afternoon....the wifes account! Would you believe they offered her full settlement!!400 quid! Nice one, she is happy

 

Thankyou halifax hello christmas!!!

[Sledge]

got two letters today. Wife account settled in full, and our joint account....settled in full :D:D

 

now for my account. Today is their time up for the court proceedings. I phoned the halifax reference my account between 93 and 98, they said the reasion i havent heard anything about this is because they will not go back further than six years.

 

So looks like i have come to a dead end on that one...Or has it?? Advise please!!

Now to start on the court thingy....i may need some help.

 

Where to start :S

Edit: This is my MCOL form.....this okay to go??

 

1.The Claimant has an account (EDIT!) with

the Defendant, opened August 1989 2. Since

30/11/2000 the Defendant debited charges and

interest in respect of purported breaches of

contract. 3. Defendant is aware of all

details as a list of charges has already been

supplied. Another copy will be sent. 4.

Claimant contends: (a) The charges exceed the

Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to levy

such charges is unenforceable under the

Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of

£1044.00; (b)The claimant claims interest

under section 69 of the County Courts Act

1984 at the rate of 8% a year from 30/11/2000

to 18/12/2006 of £247.95 and also interest at

the same rate up to the date of judgment or

earlier payment at a daily rate of 0.28p. 6.

Alternatively, if the charges

are a fee for a service, then they must be

reasonable under S.15 of the Supply of Goods

and Services Act 1982. 7. Costs allowed by

the Court.

[Sledge]

Anyone?????????

[Jaynekul]

Im waiting for a reply to your post withy interest Sledge as I have submitted a claim for OH going back to 1992. I know Bong has claimed for a longer period than 6 years could you PM her & ask her to look at your thread & reply on the thread so we could all see?

[livelylad]

got two letters today. Wife account settled in full, and our joint account....settled in full :D:D

 

now for my account. Today is their time up for the court proceedings. I phoned the halifax reference my account between 93 and 98, they said the reasion i havent heard anything about this is because they will not go back further than six years.

 

So looks like i have come to a dead end on that one...Or has it?? Advise please!!

Now to start on the court thingy....i may need some help.

 

Where to start :S

Edit: This is my MCOL form.....this okay to go??

 

1.The Claimant has an account (EDIT!) with

the Defendant, opened August 1989 2. Since

30/11/2000 the Defendant debited charges and

interest in respect of purported breaches of

contract. 3. Defendant is aware of all

details as a list of charges has already been

supplied. Another copy will be sent. 4.

Claimant contends: (a) The charges exceed the

Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to levy

such charges is unenforceable under the

Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of

£1044.00; (b)The claimant claims interest

under section 69 of the County Courts Act

1984 at the rate of 8% a year from 30/11/2000

to 18/12/2006 of £247.95 and also interest at

the same rate up to the date of judgment or

earlier payment at a daily rate of 0.28p. 6.

Alternatively, if the charges

are a fee for a service, then they must be

reasonable under S.15 of the Supply of Goods

and Services Act 1982. 7. Costs allowed by

the Court.

 

Ok you need to read these threads regarding claims going back more than 6 years. Also you need to read the Limitation Act 1980. YOu must be aware of the process before you start and MCOL will not do for this you will need to use the N1.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/33005-bong-hsbc-contractual-interest.html

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/37418-claiming-1991-2000-fight.html

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/10582-mcuth-rbos.html?highlight=mcuth