sweeney99 v halifax

[sweeney99]

just thought i would say hi to everone and say thanks for all the detailed information available on the site. I am just about to start the hmcs online claim, and just wanted to clarify the interest charges. I initially split the claim into charges and interest, i attached spreadseets listing both. I took the charges and interest charges from my statements, was this correct to do so? is the 8% interest calculation an additional charge? or do I just calculate the intereste charges by using the spreadsheets provided in the templates? I know the answer is prob staring me in the face but just thought I would check before I post my claim tomorow. Thanks in advance for any help.

[hillards]

You're probably right about things staring you in the face, but they are not always obvious! I always check back to Step-By-Step Instructions and see if I missed anything.

 

I take it you detailed 'charges as notified' and 'interest as notified' in the two sheets - that's OK, if you used your own spreadsheet then it will not calculate the additional 8% you can add in at court claim stage.

 

Use the template provided - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html - and cut/paste your figures to this - it works out the interest for you.

 

That's what you need to print and supply in future, as it's going to show the total of your claim including the 8%. Most people say you need to send copied of this to Northampton to support your claim, I'd be tempted to post one direct to the Hx as well - once you have your case number you can add on.

[sweeney99]

thanks for that

i will create new spreadsheets using the one provided on the site on the site. The penny did drop after using the step by step guide, but your reply is much appreciated.

[sweeney99]

can anyone help with the interest calculation spreadsheet?

i have tried using the complex spreadsheet (Copy of From claim date with statutory interest) the figures for the bank charges look fine but how do i calculate the average overdraft ammount? alternatively do I just use the simple versions for the charges and for the interest? any help much appreciated

[hillards]

Go for the simple one, much easier. All you need for now is a total of the charges, you don't add the 8% until the court stage, and even then - the simple one does it for you.

[sweeney99]

so do i use the simple spreadsheet for the charges and the interest charges? i am about 2 file against them today. In my original letter to the halifax i went through all my statements and split the claim into 2 parts as suggested 1) bank charges and 2) Interest.I used the figures for both that were on the statements.Do i now have to work out the 8% on both the charges and the interest? and do i use the simple spreadsheet twice? once for the charges and once for the interest? or am i making it more complicated than it should be? i feel like i cant see the wood for the tres again today!!!

[hillards]

I just used the one spreadsheet, copying their info over with date and 'Charges as notified' or whatever. I added any additional 'Interest as charged' at the bottom, but ended up with one total. That was good enough.

 

The 8% will be calculated as you go, but when you print off a copy to send with your claim you need to highlight the area to print, without that column.

 

Or, another way is to highlight the bits you want to print and cut/paste to another page and then print. You can then delete the 8% column if you wish as it's only a copy. I was able to save the original spreadsheet to my own computer by using 'Save As' If you just click 'Save' it will not work.

 

All you should have is a table showing the date, description of charge and amount of charge, with a total at the bottom. Send that with your claim letter and get the ball rolling.

[sweeney99]

so its ok 2 do spreadshets 1 for charges and 1 for interest then add them together? its going 2 be a pain inserting the interest dates into the charges from my spreadsheets. just dont want to complicate things or make silly errors

[hillards]

Just the one will do - tag the Interest charges on the bottom, above the total line - it sort of keeps them seperate then.

[sweeney99]

thanks for the help:)

i will post my details in the litigation section once i have filed.

Thanks

[sweeney99]

just finishing the claim

do i need to tick the yes box?

Do you want to reserve the right to claim interest?

Yes No

just checking as i dont want to make a mistake

sorry for the obvious questions?!?!?

[sweeney99]

this is the wording that appeared when i ticked the yes box it is slightyly different to the wording on the site? link attached

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

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}. which should i use?

[sweeney99]

Claim for my account filed

will add details to the litigation list

just about 2 start the joint account claim now:)

[sweeney99]

joint account claim filed

will keep you posted of any updates:)

[sweeney99]

just realised after filling in the claims online i havnt been asked to attach any files backing up my claim?

did i miss something? should i have downloaded the spreadshets along with the online claim?

or do i have to print them off and post them to the court& halifax?

[Andrea450]

You need to post the spreadsheet(s) confirming your charges plus 8% interest to Halifax.

[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,

[sweeney99]

thank you both for the information I will send them asap

[sweeney99]

another victory £2330.26 charges £342.5 interest total £2672.76, there is £ 117.04 new charges and interest since i filed claim should i phone them and ask them to also refund this or do i need to file a new claim? might sound petty but i really dislike the way the halifax is run!!!! no thought for the customer at all. do i need to get written conformation before i stop the court action?

[hillards]

You could phone and ask, but they'll say no. They reckon that they have paid 'full and final' settlement and any further charges stand, but all you do is start a new claim. They tend to play silly beggers about this and threaten to close accounts, but will still cough up.