Am I entitled to argue this penalty charge?

[Glenn UK]

(Proof of concept for those equally as out of touch as me!).

 

 

Particulars of Claim

 

HTH

 

Glenn

[bill-k]

(Proof of concept for those equally as out of touch as me!).

 

 

Piece Of Cake.

 

JMHO !!

 

Bill.

[CrappoMan]

Hi,

 

Beware: if you ask for full Data Protection Act disclosure, you may get LOTS of paper!

 

I got over 1000 pages from the Halifax. Some going back 20 years (!), including details of mortgages, loans, telephone conversations, credit cards, computer screen shots, marketing info, just about every piece of information they have about me.

 

It took me 3 days to wade through the mountain of paper. Just think how much money (and trees) they have wasted if they do that for everyone.

 

You may be better just asking for copy statements (i wish i had!), but make sure you ask for them under the DPA, or they might try to charge you £5 for each one!

 

Plus, they took exactly 40 days to get them to me. I was waiting with a complaint letter already written when the post man knocked on the door. The package was far too big to fit through the letterbox as it all came in one envelope.

 

Simon

[Paddysreturn]

Although I only requested statements for the last 6 years, Abbey have sent me statements dating back to December 1999 - so approximately 7 1/2 years ago. Can I claim for these charges or are claims restricted to the last 6 years?

[Rooster-UK]

You can claim back up to six years.

 

Beyond that it is barred by the statute of limitations.

 

Regards, Rooster.

[Paddysreturn]

Thanks for your response Rooster. Is that 6 years from my prelim letter or 6 years from my first request for statements? I ask because in Dec 2000 I had £116.50 worth of charges.

[dori2o]

Rooster is correct, however, some people have claimed further back than 6 years and won, if you have details going back to 1999, why not claim the lot, the worst that can happen is that they refuse to pay those charges that are statute barred.

[SweetCal]

Thanks for your response Rooster. Is that 6 years from my prelim letter or 6 years from my first request for statements? I ask because in Dec 2000 I had £116.50 worth of charges.

 

I want to know this also - when do the 6 years start from and also acn you claim up to present day (ie I sent prelim in Dec 06 claiming from Dec 00+ but can I now include Jan 07 charges too?)

[Glenn UK]

You can claim back up to six years.

 

Beyond that it is barred by the statute of limitations.

 

Regards, Rooster.

 

But section 32 of the limitations act allows claimants the possiblity of going back as far as thery want.

 

But its a new path so there are issues.

 

Glenn

[soldier girl]

Paddy

 

If the Bank were aware that their actions were unlawful, in your case seven and a half years ago, (and this would have to be proved) then, depending on circumstances, you could claim right back to the moment they knew of this.

However, if they were to find this out retrospectively, you can only claim for the past six years.

This is a simplification so have a look at the Limitation Act 1980 as Glenn has suggested. you can access it via Home - Statute Law Database

SG x

[Paddysreturn]

Thanks for your response SG. I think my best option is to claim for the lot and await their response - Ive got nothing to lose.

 

Cant be much happening in Baldock tonight for a Friday evening.....

[soldier girl]

Even if the bank refuse to pay it is up to a Judge to decide RE: Limitation.

They may throw all their toys out of the pram but you have nothing to lose by continuing as it would not get to court anyway. (By all means wait for their response but it's not their decision to make unless they can show you evidence to the contrary which would make an action like this unjust)

As usual just in IMHO (apologies for my big gob - genuinely want to help and support )

SG x

SG x

[mollyhannah]

Hi Paddysreturn i have had a couple of claims in over 6 years. The Halifax i did in two stages, i claimed everything within 6 years first and then went back for the charges over 6 years. They assured me there was no way i could win this one and they would fight it right to the courts. They paid out just before christmas (before court). The Yorkshire i did in one and won that also. I have one in at the moment with Barclays for an account that was closed 7 years ago i have just recieved their defence which seems pretty weak, i'll let you know how it goes.

Good luck

Karen

 

I added this to my particulars of claim:

The defendant has concealed and continues to conceal that the charges debited are unlawful and has declined justification of charges despite requests. If the defendant truly believes that these charges are lawful, then the claimant contends that the defendant is mistaken and i the claimant paid these believing them to to be lawful. As the claimant only became aware in April 2006 that the charges debited were unlawful, then section 32(1)(b), or section 32(1)©, of the limitation act 1980 should apply, and the charges are therefore within the primary limitation period.

 

Hope this helps

[Paddysreturn]

Hi, just want to clarify before proceeding. Since sending in my prelim letter, I have picked up another charge. Am I within my rights to add this charge to the spreadsheet and change the interest date at the top before I send off my LBA?

[lucid]

Yes and you can add further charges to your court claim when you get to that stage as well.

 

Lucid

[Paddysreturn]

Well I hope not to receive any more charges!

 

Thanks for your prompt reply.

[Paddysreturn]

Sorry about regurgitating old questions, but I have searched the forum and couldnt find what Im looking for.

 

I have received a partial offer for my claim. Is there a letter template for saying 'I accept but Im still suing for the rest'? (which I believe should be the response).

 

Also, this partial offer has come 1 week after my LBA. Do I need to give them another 14 days after my new letter or can I proceed to Mcol within the original timeframe?

 

Thanks in advance for any responses.

[Jeff2000]

Sorry about regurgitating old questions, but I have searched the forum and couldnt find what Im looking for.

 

I have received a partial offer for my claim. Is there a letter template for saying 'I accept but Im still suing for the rest'? (which I believe should be the response).

 

Also, this partial offer has come 1 week after my LBA. Do I need to give them another 14 days after my new letter or can I proceed to Mcol within the original timeframe?

 

Thanks in advance for any responses.

 

 

Hello Paddysreturn,

 

Use this letter from Jonni2bad. Just fill in your own details and Bobs your Uncle!

 

Then just stick to your normal timescales!

 

YOUR Street

Town

City

Postcode

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My (Request for Repayment letter) (Letter Before Action) dated xx/xx/xx indicates that you have until xx/xx/xx to respond before I proceed to the next stage of my request (before I commence legal action). My deadline remains the same despite this offer.

 

If you do not accept my conditions for acceptance, or you do not respond within 7 days, I shall return the cheque to you. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

(If the bank have credited your account, please use this note in place of the above paragraph)

If you do not accept my conditions, or you do not respond within 7 days, I wish to stress that I do not accept your offer and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

[signature]

 

[print name]

 

 

Cheers, Jeff.

[Paddysreturn]

Thanks for the template and the information Jeff - It was just what I needed.

[Paddysreturn]

Rather bizarrely, 2 days after receiving a letter from Halifax saying they were going to contest my small claim through the courts, Ive received a payment into my bank account (I thought they'd at least wait nearly all of the 28 days before coughing up).

 

However, they've only paid the 'Total penalties and bank interest on penalties'. They've ignored the total interest and the court fee - which means its almost £400 less than my total claim.

 

Has this happened to anyone else? How do I proceed from here?

[livelylad]

Rather bizarrely, 2 days after receiving a letter from Halifax saying they were going to contest my small claim through the courts, Ive received a payment into my bank account (I thought they'd at least wait nearly all of the 28 days before coughing up).

 

However, they've only paid the 'Total penalties and bank interest on penalties'. They've ignored the total interest and the court fee - which means its almost £400 less than my total claim.

 

Has this happened to anyone else? How do I proceed from here?

 

Hi ok so they have omitted the court costs and the sect 69 interest? You need to contact them and tell them they havent settled the claim in full and you will continue to seek the balance.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[Paddysreturn]

Actually, I notice now that they've refunded the court fee in a seperate deposit into my bank, so theyve just ignored the interest.

[Paddysreturn]

Hi ok so they have omitted the court costs and the sect 69 interest? You need to contact them and tell them they havent settled the claim in full and you will continue to seek the balance.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Thanks Lively. Will do so.

[Paddysreturn]

As an update, I have received a letter from the Halifax stating

 

'The Halifax does not consider that you are entitled to the further £301.17 that you are claiming (this if for interest on penalties and interest on interest on penalties). Unless you can provide evidence of this further loss the Halifax will file a defence in respect of this part of the claim'

 

Is this a final roll of the dice by the Halifax? What concerns me is that if they defend only this part of the claim, they wouldnt have the fear of having to reveal the actual cost to the bank of the charges. Furthermore, the judge might look favourably on the fact that theyve paid about 80% of the claim without too much fuss.

 

Should I still continue to press for the final £301?

 

Just as a humerous aside (well to me anyway!). Halifax state in their letter that the reason theyre paying the original £1500 is because it would cost too much to defend in legal terms, yet later theyre telling me they will defend over £300! I hope whoever scripted the letter isnt getting paid too much

[livelylad]

What interest rate did you claim? Have they paid you the standard sect 69, 8%? If so I would advise that you settle for that, continuing for contractual will be harder and the outcome is not certain. A judge could rule that they have paid all you are entitled to.