Halifax Showed Me The Money....again!!

[gomadnomad]

Over the last ten years my wife and I have run up loads of charges and it was with great excitment that I found this site. I have just written my first letters using a similar template as the Govan law school and a few other phrases from here. The biggest ones are from the Halifax, two current accounts and a visa. Then we also have an Amex and a couple of other cards. Anyway it all comes to about seven grand in charges!!

I called all my card companies and had various experiances. It pains me to say that the Halifax were the easiest to get my statements from. Within a week the postman was delivering statements for the last 11 years on two accounts and the visa. £10 for the lot!! (I'm sure it must have cost them more than that in postage :twisted: )Although there is a big gap from 2002 - 2004 on one account missing. Its actually jumps this gap on one sheet and I know that there are a shed load of charges there. So still waiting for this, and get the feeling they are a bit touchy about it now...we'll see.

The Amex was a nightmare. Spoke to a gentleman in India who persisted in trying to screw me for £10 per statement X 48 months. So I dug my heels in and ascended through severel layers of staff . They wanted to know what I needed them for and told them it was for a pending legal action at which point they caved in and sent me the lot.....free of charge!

My wife is having the same kind of deal with her Beneficial credit card.

 

The address I sent the letters to at the halifax was

 

Halifax Plc

Legal department

Trinity road

Halifax

West Yorkshire

Hx1

 

Hope this is of help and i'll keep you posted.

 

 

********************************************

edited by BankFodder 17th Feb 2006

[gomadnomad]

Sorry all that should read TRINITY ROAD

[gomadnomad]

I got all my statements and for two accounts it was ten years worth. In my letter I asked for the charges for the whole period. If I don't recieve a settlement and end up starting court proceedings is there any point trying for it all or should I just go for the six years as most people seem to be doing. Any advice would be apprieciated.

[BankFodder]

6 years is all you can do in contract.

 

Have you read around the forum?

 

I have a suspicion that you haven't. Please do and then come back here.

[gomadnomad]

Thanks BF. Actually I read around here alot in fact probably too much. It just seemed that many people were having problems getting any statements at all without a lot of trouble and when all of mine turned up I was a little suprised. Somewhere on here I was sure that I read that there was no reason for not claiming all the charges back as if the banks have an unfair term in contract law then does it state a period of limitation. Someone said it had just not been tried yet. But if you say it's six years then I'll go for that as I we could really do with anything right now and you chaps seem to know whats what. These banks have really made life very difficult for my wife and I. Although one card that only had £300 I am tempted to try for the lot just to see what happens. If I lose that one it will not be too much if I get the £7800 from the six claims I've sent over the last three days.

Why is it that if I have been charged huge APR on credit card debt, a large proportion being made up of charges, the court would only grant 8% on an award if it got to court. Would it not be reasonable to expect that the interest refunded is equal to that initially paid?

[BankFodder]

I think that there is a misunderstanding about interest which has occurred in a few of people's posts and which I need to track down and clear up.

 

However, the courts will not allow you to duplicate your remedy. This means that the courts will give you 8% on what you claim, but you can't add your own figure for interest before that.

 

However, if the bank has charged you a penalty. Then added their rate of interest on top so that you have paid, say £100 charge plus £10 interest on the charge, then you certainly can claim 8% on the £100 and 8% on the £10 they have had off you as well.

The idea of the court's allowance for interest is to attempt to give you back what you would have earned had you had your money at the beginning and had been able to invest it in an ordinary way. The idea is that the court will help you recoup your losses but it will not assist you to make a profit from your litigation.

So you can recover your APR plus 8% on top.

 

Are all of your claims aginst the Halifax or against others? If against a variety then I'd appreciate it if you would start threads in appropriate forums please.

Don't forget that you only benefit from the no costs rule for claims less than £5000.

 

As for Limitation periods, 6 years is not much of a problem. I have an idea about a way of doing away with the Limitation altogether and am trying to find time to do a little research. If I am right then I suspect that it will give a very serious jolt to the banking world but I haven't managed to get much done yet - so watch this space!

[gomadnomad]

Great that all seems abit clearer. Just a wee thought. A while back I had a dd coming out and was going to pay in some cash on the day it was due. I did this but they still charged me saying that it had to be cleared funds at the time they tried to take it out...apparently 5am!!! They said I should have paid it in the day before. Now here in Scotland there are all sorts of strange bank and public holidays...sometimes the banks seem to observe the different ones for FiFe or Edinburgh or Scotland or the UK... it gets alittle confusing. I told the Halifax that in this case I was not able to pay in money the day before because it was an Edinburgh Holiday being observed by the branch that I regularly use. They said it doesn't matter as they observe only UK holidays with regard to the operation of my account. I pointed out to them that my account was opened in Edinburgh and that surley the local holidays are relevent in a case such as this. You can imagine the kind of reply...just the usual blah blah blah. Does this then mean that if they sre operating my account by English bank hours and terms e.t.c that I would be able to,(if it goes that far) pursue my claim in an English court and therefore benefit fron the higher no fee limit. They did actually mention that the Banks HQ is still in Halifax and therefore it is an English operation eventhough HBOS is now based in Edinburgh. Sorry this is a bit confusing BF + Dave but would appriciate a little clarification as they do not seem to give a SH....damn as usual...any thoughts?

[gomadnomad]

Halifax have paid up!!!. Did the letter before action and got back the usual reply.. you signed the T&c etc etc. Filed the action and two weeks later got the usual 'it would not be economic for us to defend as it would probably go through the small claims track' . So being a nice chap I called them up and asked them if they would like to come to an amicable arrangement with regard to the rest of my charges which i intend to pursue. Amicable as in give me it back with interest etc. I also pointed out that it would be more economical for them to give me it now rather than be paying the court costs every time as i am issuing five more summons against them. The bloke on the phone was actually very nice and informed me that an executive decision had been made that no large sums of back dated charges would be made unless litigation was entered into. Well now I know where I stand don't I!. The next cases are going ahead without letter before action. The arrogance and total disregard for me as a customer is still astounding. However I am enjoying my big wad of cash which is helping me get over it as will the bottle of bubbles me and my wife are having tonight. As always big thanks to Bankfodder and Dave for their tirless effort. Also to the other moderators.

I really cannot tell you what a huge difference to our lives this injection of cash to our finances is making. Again many many thanks. Gomad

[gomadnomad]

Just a wee thought. A while back I had a dd coming out and was going to pay in some cash on the day it was due. I did this but they still charged me saying that it had to be cleared funds at the time they tried to take it out...apparently 5am!!! They said I should have paid it in the day before. Now here in Scotland there are all sorts of strange bank and public holidays...sometimes the banks seem to observe the different ones for FiFe or Edinburgh or Scotland or the UK... it gets alittle confusing. I told the Halifax that in this case I was not able to pay in money the day before because it was an Edinburgh Holiday being observed by the branch that I regularly use. They said it doesn't matter as they observe only UK holidays with regard to the operation of my account. I pointed out to them that my account was opened in Edinburgh and that surley the local holidays are relevent in a case such as this. You can imagine the kind of reply...just the usual blah blah blah. Does this then mean that if they are operating my account by English bank hours and terms e.t.c that I would be able to,(if it goes that far) pursue my claim in an English court and therefore benefit fron the higher no fee limit and six year limitation period instead of the Scottish Five years. They did actually mention that the Banks HQ is still in Halifax and therefore it is an English operation eventhough HBOS is now based in Edinburgh. Sorry this is a bit confusing but would appriciate a little clarification as they do not seem too helpful at the moment...any thoughts anyone?

PS I wondered if this is not possible can I change my account address to that of my parents in England and pursue it from there as I have about five hundred quid from 2000 that I'd like back!

[gomadnomad]

Just a wee thought. A while back I had a dd coming out and was going to pay in some cash on the day it was due. I did this but they still charged me saying that it had to be cleared funds at the time they tried to take it out...apparently 5am!!! They said I should have paid it in the day before. Now here in Scotland there are all sorts of strange bank and public holidays...sometimes the banks seem to observe the different ones for FiFe or Edinburgh or Scotland or the UK... it gets alittle confusing. I told the Halifax that in this case I was not able to pay in money the day before because it was an Edinburgh Holiday being observed by the branch that I regularly use. They said it doesn't matter as they observe only UK holidays with regard to the operation of my account. I pointed out to them that my account was opened in Edinburgh and that surley the local holidays are relevent in a case such as this. You can imagine the kind of reply...just the usual blah blah blah. Does this then mean that if they are operating my account by English bank hours and terms e.t.c that I would be able to,(if it goes that far) pursue my claim in an English court and therefore benefit fron the higher no fee limit and six year limitation period instead of the Scottish Five years. They did actually mention that the Banks HQ is still in Halifax and therefore it is an English operation eventhough HBOS is now based in Edinburgh. Sorry this is a bit confusing but would appriciate a little clarification as they do not seem too helpful at the moment...any thoughts anyone?

PS I wondered if this is not possible can I change my account address to that of my parents in England and pursue it from there as I have about five hundred quid from 2000 that I'd like back!

[BankFodder]

No you won't be able to change jurisdictions like that

[BankFodder]

No you won't be able to change jurisdictions like that

[gomadnomad]

We are now going on to pursue about another £3400 so watch this space!

[MondeoST24]

Nice one, thats good news for me also, waiting for them to settle my credit card claim, they acknowleged last week with intention to defend. Strange they'll pay your £396.31 but are defending my £190.00. We'll see !

[gomadnomad]

I know it is odd, they didn't even say they were going to defend. The cash was put into my account the day that the letter arrived saying blah blah. Seems they have been caught on the run and have not yet established a consistant policy. Or maybe they are trying to work out who we all are on here from the response sto our cases then they get an idea of our next move? Bloody hell i sound like i've been watching Xfiles or some conspirisy theory nonsense btu hey just a thought. I wouldn't put it past them. Like i said theyr'e cheeky F@*@*@*s! Let me know how you get on or pm me if you fancy a pint!

[gomadnomad]

Loving it! The generous people at Halifax` have just sent me my fortnightly pay slip for another £883.99. It is so nice of them to let me have my own money back. Still another five grand to go. All you people in England are sooo lucky. Up here we have only got a £750 no fee limit so we have to do the whole process every two weeks. But hey it stops me spending it all at once!

 

 

 

Merged threads, please keep to the same one.

[babes66]

Woohoo! Well done!

Can I ask, are you just requesting £750 in charges each time? I am also in Fife and I sent off my first request for repayment letter today (registered post to local branch) to cover charges for one calender year, I intend asking for one year at a time to keep it under the £750 limit.

What stage did your claims go to before they paid up? Where are you sending your requests? How long is each request taking?

Feel free to pm me if thats too may questions for on here!

[Tinkerbelle]

hahaha Love it!! And well done!!

[scotia]

i am gonna be joining you soon m8.....first one submitted to Kirkcaldy Sheriff court todayfor £730 plus £120 interest plus court fee, they should have the papers by monday.........mmmmm....2 weeks you say.......what can i spend it on ? lol

 

then after that only a few more to go........gotta admit.....it's a lovely savings scheme they are operating !

[Bookworm]

Well done to you!!!!!

[gomadnomad]

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