me+missus v halifax

[cuz111]

Hi all,

Firstly an apology for taking so long to post again but I've been waiting for a reply to the request for my partner's statements from Halifax.

To cut a long story short they recieved the letter on the 28th September 2006 and after a few nagging phonecalls we've just recieved TWO copies of the statements.

In the meantime I forwarded a Preliminary letter to Lloyds TSB credit card services for £32.00 charged to me in late fees this year.

I know it's only £32.00 but it's my £32.00 isn't it!

I've managed to total up all the charges against my missus since November 2000 and I'm ready to produce a Preliminary letter for her as frankly she's not putting in much effort.

However the sticking point for me is interest I've read all the FAQ's and I realise the 8% is added on prior to court but should I be claiming any other interest at this stage.

I'm completely confused and it didn't help that I've been browsing Moneysavingexpert.com and he's advising to add 8% interest from the outset!

HELP! DOH!!!

[maddyrose1664]

You can claim for the interest they have debited from the missus' account. It will show on the statements as interest debited.

[cuz111]

Thanks for the reply MaddyRoise1664,

There is 'interest debited notified last month' on the statements which I'm asuming includes any other overdraft interest penalties!

Is it easier to just claim for your bank charges and leave interest to the 8% prior to court?

Do I just omit the interest section of my preliminary letter?

Is this what the majority are doing?

Thanks for any advice.

[maddyrose1664]

When you fill out your spreadsheet, where you list the type of charge just type in interest and then the amount - see below. This will then become part of your total claim. When they refuse to pay you back, fill in the moneyclaim form and there is a box to tick if you want to claim 8% interest on top of your claim. Tick that and jobs a gooden.

 

Unauthorised Use of Overdraft

Interest

Unauthorised Use of Overdraft

Interest

Unauthorised Use of Overdraft

Unpaid item

Interest

Unauthorised Use of Overdraft

Interest

Unpaid Item

Unauthorised Use of Overdraft

 

I'm not sure what everyone else is doing but that's how I did it and I got all of it back.

 

The 8% interest is completely different from the interest they have charged you. You claim it on top of your total claim once it reaches the court stage.

 

I hope that makes sense.

[cuz111]

Hi all,

The maddyrose1664 reply does make sense but what I'm struggling with is the fact that on the statements it only states 'interest to be debited notified last month' on the last day of each month then the amount.

I'm assuming that amount is generated because my other half spends a lot of time in her authoriosed overdraft.

I'm guessing we can't claim for all that can we so how do you seperate the two?

Heads getting a bit fried now I think!!!

[Springer]

Hiya Cuz

 

I didn't bother claiming for that interest. You can I think but I found it very difficult to work out!! No wonder your head is fried!

 

Unless it will work put to loads I would just leave it and add the 8% when you get to MCOL stage.

 

xox

[maddyrose1664]

You can claim for that. On the statements where it says interest debited, notified last month, just copy the amount that it says onto your spreadsheet. ie

 

Type of Charge = Interest

 

Date = 17/11/06

 

Amount = 5.00

 

Days since since offence etc etc

 

You don't actually need to work anything out. Just copy the amount of interest they have debited.

[downandbroke]

Sorry to jump on the band wagon but I've been asking the same question and just to clarify then -

 

It doesn't matter that you are in your (agreed) overdraft already and that you can't split out between your normal overdraft interest charge and the interest charged on the unauthorised overdraft etc? So you just include the amount of interest debited for that month in total on the spreadsheet?

 

I think the other point to claify is that is state 'as notified last month' - so is that interest for the previous month i.e August's interested debited should be for July?

 

I hope that make sense?

[maddyrose1664]

I see what you mean.

 

I didn't try and work out what the interest charge specifically related to. I just listed all the times I had been charged interest and added it to my spreadsheet. Twice I did that and Halifax didn't dispute it. I listed it on the date that they took the money from my account not the month they notified me.

[cuz111]

Thanks MaddyRose1664 and Downandbroke for the replies,

To be honest I was on here for hours yesterday trying to get up to speed with the process and as stated the head was completely fried!!!

However I'm back now refreshed and ready for battle(well at least until kick off Wales V Canada anyway!).

After the advice yesterday I had another look at MSE site and tried his new calculator which applies interest at 8% from the outset.

Now that I've returned and heard what MaddyRose1664 has to say though I think there could be more money down that road so I'll give the Vampiress spreadsheets a go to see what happens.

Any views on which one to use?

I have excel so I thought the simple version of that might work!

Thanks again.

[cuz111]

Hi all,

I've just finished schedule of charges so I'll organise a preliminary letter then fire it off in the post tomorrow.

Then it's wait and see for 14 days I suppose!

Thanks.

[cuz111]

Hi all,

I recieved a reply from the Halifax which went along the lines of 'sorry to hear your not happy but the avenue of complaint is through the Ombudsman(explanation pack enclosed), should hear something soon blah,blah,blah, so that one's gone straight in the shredder.

Therefore I've just typed the LBA which I'll print tomorrow along with Schedule of charges and fire off in the post, then it's wait and see again.

On a happier note though as I mentioned earlier in this link I fired off a Preliminary letter to Lloyds TSB for my £32.00 charges this year and I recieved a letter stating they didn't agree the charges were excessive etc. but as a goodwill gesture they've refunded my card with £32.00. Nice!

Somehow I don't think the Halifax £1,356.07 is going to be as easy!!!

[maddyrose1664]

Once you've done the moneyclaim bit they'll say they are going to defend it then pay "with no admission of liability". I'm certain!! Good luck!

[cuz111]

Thanks 'maddyrose1664', I'll try and use the next 14 days to figure out the process from here on in with the moneyclaim bit because to be honest it's the part that I really haven't read up on.

Hope it's not too complicated!

[sallysas]

This has got me intrigued. I am not sure if maddyrose got away with it "twice" because they were not paying attention or can we claim it legitimately? I had been under the impression that only compound interest could be claimed or just 8% for people like me who wanted to play it safe and were not able to work different interests out. Any updates due? I also have a larger claim due to be submitted to a building society without the different types of interest - I won't bore you - so this is why I have got this thread bookmarked.

[cuz111]

Hi Sallysas,

I hear what your saying and to be honest I thought it was pushing it a bit with the interest.

Nevertheless I've had no feed back from the bank to challenge it and I recieved an offer of £916.00 last week which I'm going to reject tomorrow hence why I'm on the site now copying the rejection of offer letter.

Also when I eventually take them to court I'll be firing in the 8% interest there too.

It's worth a punt!!

[tamadus]

Let me try and explain how the interest works on a standard bank account.

 

Assume they add a charge of £25 during the month which takes you into an overdraft, adds to it or even takes you into unauthorised overdraft. They will then calculate interest owed on the overdraft INCLUDING the charge.

You can reclaim any interest generated because of the penalty charge. If you use the simple spreadsheet created by Vampiress it will calculate the percentage of interest attributable to the penalty charge.

 

Once you issue a moneyclaim then you can indicate to the court that you want to claim interest at 8% under section 69 of the County Courts Act.

[cuz111]

Hi all,

Just an update to say I've just entered my court claim with MCOL so here we go!!

How long for a reply 14 days to start isn't it give or take the festive break I know!

Merry Xmas anyway!

[cuz111]

Oh by the way!

£120.00 court fees on a £1464 claim!

Does that seem a bit heavy?

I know your likely to get it back but still what if you don't!!!!!!:o

[Michael Browne]

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

[cuz111]

Hi Michael Browne,

This is the first time that I've been on the site since my moneyclaim bit and while I did send off further copies of my schedule of charges to the bank once I filed the claim I haven't done all the above.

Have I dropped a mighty clanger?

Beginning to worry now!

[Michael Browne]

Have I dropped a mighty clanger?

 

No not really. It's recommended only because you can't attach your schedule on MCOL and the bank's solicitors will then have a moan about it.. You can still send them one when you get the Notice of Acknowledgemnet and include with the AQ later.

[cuz111]

Sorry but what's the AQ?

Also I was just printing it all off to send to MCOL but am I wasting my time?

If I'm reading MCOl correctly Halifax have acknowledged the claim yesterday and their giving them the 28 days to do something with it.

Am I assuming correctly that they'll notify me by letter of this and that's when you think I should fire schedule and cover letter off to the bank's solicitors?

[Michael Browne]

Sorry but what's the AQ?

Allocation Questionnaire. you'll get this after they file a defence.

Also I was just printing it all off to send to MCOL but am I wasting my time?

Possibly. Obviously the ideal time is immediately after you file so that, in theory, MCOL attache it to your claim before they send it to the bank.

If I'm reading MCOl correctly Halifax have acknowledged the claim yesterday and their giving them the 28 days to do something with it.

They now have 28 days from the original deemed date of service ( usually 5 days after you filed) to file a defence

Am I assuming correctly that they'll notify me by letter of this and that's when you think I should fire schedule and cover letter off to the bank's solicitors?

Yes.

[cuz111]

Thanks Michael Browne for the advice,

Seems to be getting a bit complicated now but I think I'll just wait for further correspondence fromMCOl and then fire off the letter to the bank's solicitors because it seems like I've missed the boat with sending letter to MCOL.

Thanks again.