AWC v Halifax

[AWC]

Great big hello to everyone and what a fantastic site this is, I can't tell you how useful and informative this site is to me (although you all probably know from your own experience). For years I have been ripped off by Halifax, despite me pleading on my knees at various branches and asking them to stop charging me just for a month or two to allow me to catch up with my financies - no way, they crippled me eventually!

 

I have waited years for the oportunity to see justice done, and now I have found this site, I am today begining the process to get back my money which they and other banks have taken in charges over the years.

 

Going to start with Halifax Current Account - I already have all my statements filed away for the past 6 years, so I don't neet to ask them!

 

Next will be Halifax Credit Card - Will send off for list of charges.

 

Then Capital One - Got most of their statements already.

 

Lastly any other cards which may be outstanding, sure after adding up all the individual claims, I am looking at claiming between 5k-7k!

 

Thanks in advance for your advice and reading my thread, I will be here for sometime I think! Having read most of the posts on this forum, I am confident that I will acheive something, I am very much ready to fight this all the way to court and beyond, this site has given me masses of confidence to stand up to these banks!

[Aaronsdad]

Welcome, welcome, welcome.

 

That's the spirit, go get 'em tiger!!

 

If you get stuck or an unsure - just shout!!

 

A D

[121o121]

Good luck with your claims AWC.

 

Keep posting and we'll keep reading.

 

It's important our posts on CAG aren't libelous in any way towards the banks. Please edit your last post and replace "stolen" with "taken".

[AWC]

Good luck with your claims AWC.

 

Keep posting and we'll keep reading.

 

It's important our posts on CAG aren't libelous in any way towards the banks. Please edit your last post and replace "stolen" with "taken".

 

Thanks, have ammended as requested, you were quite right!

 

Just out of interest, my Halifax Current Account was closed by them a year ago. Should I be successful in claiming back my charges, would they send me a cheque or reopen my account?

 

Aaronsdad - Thank you too, I am sure I will be asking many questions!

[Aaronsdad]

Spooky!

 

I just posted an answer about the same problem (but can't remember where!)

 

I remember that there is a section on the hard copy of the N1 (the court claim form) that you put down how/where you'd like paid. I don't remember seeing it on the MCOL version, but, I didn't look for it.

 

Now, here's the good bit. You can go on MCOL TODAY, type in all the name, address etc etc and play with it. You can save it for later, if you've done it right or you can delete it if you were suing your pal for a million! The point being, nothing happens unless you go through the 'checkout' part and you can get more familiar with the form, what it needs etc before the big day when you do it for real!!!

 

Links that might help.

 

https://www.moneyclaim.gov.uk/csmco/index.jsp

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

Hope I've helped not hindered!

 

Finally, remember interest is a myth - until you get to court - that's the first time it gets mentioned. At the court stage only. Loads of people get confused by this.

 

A D

[AWC]

Thank you very much Aaronsdad, you have been of great help, no hinderance at all! I will go onto that site now and get the basis sorted well in advance!

 

Am I right in assuming that when sending my first letter to Halifax asking for my charges back I don't add interest? i.e. interest at the Statutory rate of 8% is only claimed when I file the claim with MCOL?

 

Very much appreciated!

[Aaronsdad]

Yep! Treat it like it doesn't exist at the moment. Just our secret!!

 

When you print your schedule make sure you don't print out the last two columns -days since/interest. In Excel you do that by setting the print area.

 

When/if (LOL) you file a claim, part of the blurb that you will adapt from this site deals with interest at 8% under S69. (Haven't a bloomin clue what it means, apart from £600 to me!!) Then you print everything out showing how much more they have to give you because they didn't settle before court!

 

Sounds daft, but they do it everyday!

 

I'm away for 10 days from Sun so I can't help, but as you're only just sending your prelim nothing much is going to happen for 2 weeks anyway! You'll get standard letters etc, etc. Don't worry about them you're calling the tune now!

 

Anything major PM me and I'll see it when I get back.

 

A D

[AWC]

Brilliant! Top advice!

[AWC]

Okay, right had a look through my statements there are some missing, so to play safe I have decided to write to Halifax to request all of my statements for the last 6 years. May or may not be many extra charges to claim, but better that than regret not doing so in the long run.

 

Where do I send my letter to, is it the usual Halifax address? :

HBOS PLC

Trinity Road

Halifax

HX1 2RG

 

I have ordered some C.A.G stickers to put on my envelopes, is there anything else I should put on the address etc to speed things up a bit?

 

Thanks!

[AWC]

Which is the correct address to send to?

 

1st address:

 

HBOS PLC

Trinity Road

Halifax

HX1 2RG

 

2nd address:

 

HBOS PLC

Business Risk Retail

10 Carlton Street

Halifax

HX1 2AL

 

Thanks!

[AWC]

Right then, all three S.A.R's ready and cheques in envelopes, going to send them tomorrow via recorded delivery and they have until 25th January to send me all my statements.

 

Feeling good already!

[AWC]

Update!

 

I have this morning posted four letters (S.A.R's) to Halifax Bank, Halifax Credit Card, Capitol One & Egg Credit Card, sent them all 1st class recorded delivery, so they have until 25th January 2007 to get my statements to me.

 

What a great feeling it was sending them off, even if I don't get any money back it still feels great knowing that I have spoken out and fought back at last!

 

I have also made up a separate files for each bank/credit card, and also bought a big year planner to go on the wall and keep track of things. Feels like a battle plan unfolding, fingers crossed!

[Didge]

Crikey AWC, you're braver than me - I'm waiting for the results of Halifax before going after the uncrackable Egg and Barclaycard:-|

But Power to you and Go Get 'Em:D

[AWC]

Well, I was lucky and managed to get myself finacially solvent just over a year ago, which means that I have more than enough money to see this through to the end.

 

It's the principal that's driving me, the fact that I was overcharged for so many years and never offered any help or support by Halifax, in fact they encouraged me to borrow more money from them and got me into more and more debt.

 

One thing I/we can never get back from these banks are the years of days & nights we spent worrying about our finacies and all the charges they kept slapping on, but at least a refund will help heal the wounds.

[tezviper]

Too right AWC, if only we could seek compensation for the suffering we have been caused, because lets not forget all these charges have had knock on effects to other payments which we have been caused to miss etc. Its just a great big snowball. I wonder if anyone has considered suing the banks for this and if they would have a case???? some thing to think about.

 

TezViper

[AWC]

Well, doesn't time fly! Time for an update.

 

Received a letter from HBOS a few days ago asking me to visit my local branch to collect my statements because my new address does not match the details on file (account closed 18 months ago). I was also asked to bring along various forms of ID to prove who I am or else they would not release the data.

 

Well, today I went into that branch, armed with tons of ID, and all they asked for was my passport, in fact they couldn't have been more polite. So, over they handed the statements in a plastic bag and off I trotted home. When I sat down and opened the bag, I found three confidential letters addressed to some other customers (whom I don't know), so much for security. I just popped them in the post box.

 

So, after spending the evening going through all the statements, my charges add up to a grand total of £2,995! Not massive, but plenty of money!

 

Prelim being prepared right now!

 

Just out of interest, a few of the charges in 2002 were only for £5, is it worth claiming these back?

 

Cheers!

[Vickic83]

Hi AWC,

Claim them all back!! every penny!

[AWC]

Hi AWC,

Claim them all back!! every penny!

 

Oh I will!

[survivor]

AWC,

Go for the jugular..!

Would thay have charge you if you had gon o/d by £5..?????

I the answer is yes (whch it will be..) then don't just stick in the knife, twist it

'Do unto others as they have done to you..!' - I place no copright on that quote, so use it freely.

Survivor

[AWC]

AWC,

 

Go for the jugular..!

 

Would thay have charge you if you had gon o/d by £5..?????

 

I the answer is yes (whch it will be..) then don't just stick in the knife, twist it

 

'Do unto others as they have done to you..!' - I place no copright on that quote, so use it freely.

 

Survivor

 

Can't argue with that!

 

Just out of curiousity, having now added up all my charges totalling £2,995 plus £616 (the statutory 8% interest to be added at court stage), there are also £316 in `Interest debited - notified last month', which is probably due to dipping into my overdraft. Can I claim this as well?

[survivor]

Can't argue with that!

 

Just out of curiousity, having now added up all my charges totalling £2,995 plus £616 (the statutory 8% interest to be added at court stage), there are also £316 in `Interest debited - notified last month', which is probably due to dipping into my overdraft. Can I claim this as well?

 

AWC,

Having read other posts on this site, I'm led to beleve that you can - I've submitted my claim with the 'interest debited - notified last month' included on the spread sheet. After all, if they hadn't levied the unlawful charges onto the account, I wouldn't have accrued any interest to be debited - would you ??

When you read through the prelim letter, it states:

'...I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter..'

From this, I read it that you can add the interest that had been notified previously. I have to say that IMHO adding the interest is a pre-requisite to completing the claim, after all, in my case it's another £250 that they have taken from me - anyone else shed any light on this..??

[AWC]

Right, just about to send my Prelim, got a few questions:

 

1) As discused with Survivor, can anyone shed any light on whether we should be claiming the 'interest debited - notified last month' and adding it to the spread sheet, because it makes a big difference to my claim (extra £396).

 

2) The account was shut over a year ago with -£1,250 balance, this amount was included in my IVA, so if I am successful, this refund will go to my IVA to help me become solvent. How will I get the money from Halifax if my account is closed?

 

Thanks!

[AWC]

Right, forget the first question as I am sorted on that one, but I do have another query - on the spreadsheet, which date is the `Claim Date'? Is it the date I send the Prelim letter?

 

Oh yes, and I have remembered to remove the interest etc at this stage and to re-apply it at N1 stage.

[survivor]

Hi AWC,

Any progress with your claim - they've not had time to look at mine apparently. Filed N1 yesterday (Monday 12th Feb) - should served either Friday or Monday - just sitting back and waiting for the offer..

Survivor

[AWC]

Hi there Survivor, thanks for asking!

 

Well, not much progress. Prelim letter sent 3 weeks ago today for current account and credit card, should have sent of LBA last week but I just haven't had time, so I will do so today and give them 14 days before court action.

 

I haven't heard a thing regarding the current account (3.5k), but they did write back regarding the credit card (£400) and offered me £200 as a gesture of goodwill, obviously I will accept as part payment and pursue the rest.

 

Good to hear that you have filed your N1, means you are geting towards the end of the process and with a bit of luck they will see sense and pay up in full any day for you!