Locutus12 v Halifax (for my parents) Muhahahahah

[locutus12]

Hi all,

 

Firstly let me just say thank god for this site, bank and credit card charges have contributed to ruining my parents lives and are contributing to costing my parents their home, so im hoping that this all works out for them.

 

basically my step dad was a self employed builder, many people seem to think builders earn lots of money and maybe some do but unfortunately my step dad wasn't one of them, he re mortgaged the house twice to help set his business up and in his first year made a post tax income of about 13 thousand pounds, not allot but enough to pay the bills.

 

unfortunately his son who we will call Lee was a partner in the business basically racked up a load of debts in his fathers name for materials Lee was using to do jobs on the side on the sly and then a load of cancellations came about in mid 2005 and my step dad found him self without any cash flow and twenty seven thousand pounds worth of business debt in total.

 

suffice to say he and his son havent spoken for quite some time, how ever we hear his son has recently purchased his second house...

 

Then to make matters worse in late 2005 my step father was diagnosed with terminal lung failure and as a result is retiring in January with all this debt hanging around his and my mother necks. This is all totally unfair, they have worked bloody hard for over 30 years and they are going to end up with sod all to show for it.

 

They are now selling the home which i was raised in and my mother has lived in for 24 years, we believe it will make about £120K and once there debts and the remainder of the mortgage are cleared they should be left with about £40K if that.

 

so basically ive made it my mini mission in life to kick punch scream and shout as loudly as i can in order to get them some of the money back that has been taken off them over the last four years by rich fat banks that were only to happy to help them when they had money in the accounts but quickly loaded them up with charges when they had none.

 

Halifax owe my parents £3200, there account stands at -£2100

 

Action Taken So Far:

8/11/06 Subject access request sent

have received data back, have compiled charges in a spread

 

8/12/06 Preliminary approach for repayment sent 8th December.

Reply Received with offer of £2100... not bloody likely.

thanks again for your support all.

[tezviper]

Good luck with this mate, sounds like your parents deserve a break and that son of theirs deserves a different kind of "BREAK".

 

Keep us posted.

 

TezViper

[hagenuk]

Hi and welcome to the site.

 

Take a look at the spreadsheet here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html and this will calculate the interest for you on a per charge basis, itemised by line.

 

However, please note that no statutory interest is claimed at this stage, statutory interest may only be added on at the point where you file a court claim.

[locutus12]

but am i ok to claim for everything in my initial spread sheet ? i.e. interest debited and charges as notified ?

[hagenuk]

Where did you get the interest figures from?

[locutus12]

interest debited, its directly off the banking statements. its interest they have charged and taken based on the amount that was overdrawn at the time. i haven't done any special calculations or anything, just the straight forward compilation of all moneys Halifax have taken out of the account according to the bank statements i have received.

 

 

p.s. ... just seen " Sue your bank as often as you like with one Lawpack!!" on the side menu... made me chuckle...

[locutus12]

MUHAHAHAHAHAHAHAHAAAAA.... as of 21st dec Halifax have "graciously" offered £2100 only another £1100 to go... suffice to say i turned them down, see the progress so far in my original post above.

[locutus12]

Help! received a letter today from halifax trying to claim the full account balance back! The are requesting immediate payment of £2259.28. I think its safe to assume they got the "Letter before action" and that they are somewhat peeved that we didnt accept ?? :/

 

 

so what now folks as here im a little lost...

[survivor]

When did you send the LBA? From your OP I believe that it would have been sometime around end December is that right..?

If so, then the 14 days are now up, and you sould be able to submit your MCOL / N1. If this is not the case, then wait until the 14 days are p and then submit.

With regards to Halifax trying to claim back the overdrawn amount - IMHO you could reply to them and state that the account is in dispute and you will ot be clearing / repaying it until the dispute has been settled. Afterall, you'd just be using a delaying actic as they seem very happy to do..

Keep to the timetable, and remember that this is your claim / your parents claim, not theirs.

[locutus12]

the LBA actually wasnt sent untill the 8th of January due to a busy Xmas here so they technically still have untill the 22nd. i will get the court papers ready in the mean time and submit them on the 22nd.