Won!!!!!!!!

[mommywend]

Hi, could anyone tell me if it usually takes the full 40 days to receive statements from the Halifax, we are now up to 31 days since they received our request. Do we still wait?

[vonnie32]

Sorry to be the bearer of bad news but the Halifax have been stalling me now for 2 months and I'm still waiting!!!!

 

I would be inclind to send them a reminder letter and informing them the clock is ticking.....I have already reported them to the Information Commissioner and they have 7 more days to provide my info before I lodge court action against them.

 

Good luck and I hope they don't mess you around as much as they have me.

 

Vonnie

[mommywend]

Thanks for your reply, will give it a try Mommywend.

[beano2]

hi there

 

I let them have the 40 days as per my letter to them, then gave them a phone call 08457203040 which is the telephone banking number, they tried to tell me i had to register for telephone banking, my reply was that i was not going to enter into a conversation with them about that and that what i actually wanted was for them to get my statements to me, they said that it would take 14 days, i told them they had 7, they arrived in 3. have to say that i wasn't angry or abusive just firm and let them know that if they didn't get them to me in that time then there would be a complaint winging its way to the information commissioner

 

cheers hope this helps

[mikefellows]

I'd definitely give them a nudge, mine came in less than 2 weeks!

[mommywend]

Thanks very much for the advice I shall give it a try:-)

[jvmhasler]

Hi, could anyone tell me if it usually takes the full 40 days to receive statements from the Halifax, we are now up to 31 days since they received our request. Do we still wait?

Hi there, it took 3 and a half months to gedt my statements, but if they don't come in the 40 days, then leave it a few weeks then write to them telling them if your statements haven't arrived within a week, and give them the date a week from the date of your letter, then you will make a complaint to the data protection commissioner, i done that after i got frustrated with calling, and within 5 days i got all my statements. The reason i haven't done it sooner is because my dad was in hospital for weeks and i put it to the back of my mind for a while. But he got loads better and i started to realise i had a serious case on my hands, so i threatened them with the data protection commisioner as they brock the data protection with not supplying what i wanted after paying the fee within the time the law states. Then 2 days before the date i told them to have them on my doormat or i shall complain, they postman came kncing on my door with a special delivery that i had to sign for!! So i suggest leave it for the full 40 days, if nothing leave it for another 14 then threaten them with the Data commissioner, then if they Don't have the statements within the 7 days you've stated go to ICO – Information Commissioner's Office where you can make the complaint, but i think you will get them after you threaten and when you do write to N.J.Inett the data protection consultant!!

 

Let me know

 

Jean x x xx

[Janinestevens]

I've just rang the Halifax Telephone banking for an update and was told nothing was showing in my notes that my statements had been requested but the nice man kindly did this for me and said they would take 3 to 5 days to arrive.. I'll keep you posted...

 

Good Luck.

[Aaronsdad]

I got to day 38 or so and did some research. Ended up talking to this woman and two days later had all 114 pages of statements (6 and a half years) with 9 more to follow!

 

Kelly Duffy

Senior Customer Relations Manager

Executive Office

Customer Relations

Direct Dial 01422 326326

Fax 01422 326688

[email protected]

 

Check out my thread for more contact details.

Aaronsdad v Halifax

 

A D

[mommywend]

Hi there,

Have now received statements from halifax but could someone please tell me whether you add the interest from overdrafts or is it just the charges?

Thanks mommywend

[Josamolly]

I couldn't be bothered to work out the interest on the charges, didn't want to muck it up... its up to you though

[jonni2bad]

It's not quite "up to you".......

 

Interest caused solely by charges IS reclaimable, standard overdraft interest is NOT reclaimable. If your statements do not differentiate between the part that were caused by 'spending' and those caused by the charges, then working it out is sometimes tricky.

 

See the CHAMBERS for spreadsheets that can help....

[jonni2bad]

Threads also merged - please now keep all updates and questions about this claim in this thread - thank you.

[mommywend]

Thankyou for your replys, in the end we decided not to bother, as we couldn`t work out if the interest related to the charges. In total the charges came to £1081.00, so we sent the request for repayment yesterday by registered post. Will keep you posted as to what happens next, thankyou so much for your help,

Mommywend

[Spuddy]

Thankyou for your replys, in the end we decided not to bother, as we couldn`t work out if the interest related to the charges. In total the charges came to £1081.00, so we sent the request for repayment yesterday by registered post. Will keep you posted as to what happens next, thankyou so much for your help,

Mommywend

 

If you're not bothering with compund interest, be sure to work out and add the 8% interest under section 69 of the county courts act 1984.

 

The simple spreadsheet in the templates forum should be suffieciant for this task.

 

See the text below from HMCourts website.

 

Q. How do I work out the interest I am entitled to?

A. If you are claiming interest under section 69 of the county courts act 1984 you must multiply the amount you are claiming by 8% and then divide this by 365. This gives you the daily rate of interest. You must then work out how many days have passed since the date the invoice was due until the date the claim is issued. Not only must this be stated in the particulars of claim, but this figure must also be added to the amount you are claiming.

 

It's important you do really. My prelim was for £1306.00, yet my Claim is for £1750.71. Big difference.

[mommywend]

Hi

 

Just received reply from Halifax, thanking me for my letter but telling me that:

 

'under the terms of the original agreement....blah blah.......'

 

'after assessing the OFT findings our charges have been reduced as from the 1st August 2006 In view of the above, I regret to advise I am unable to refund the charges in question as they were applied to your account as per your original agreement.....'

 

In the templates section the LBA letter contains this paragraph:

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

Do I need to include this?

Thanks

Mommywend

 

[mommywend]

Hi

 

Just received reply from Halifax, thanking me for my letter but telling me that:

 

'under the terms of the original agreement....blah blah.......'

 

'after assessing the OFT findings our charges have been reduced as from the 1st August 2006 In view of the above, I regret to advise I am unable to refund the charges in question as they were applied to your account as per your original agreement.....'

 

In the templates section the LBA letter contains this paragraph:

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

Do I need to include this?

[Guest bluecloud]

Yes, it indicates that you know what you are talking about and are giving them fair warning that their fiduciary qualifications are being questioned.

 

 

.

[jonni2bad]

No, it's not a requirement.....

[mommywend]

Thanks for your reply,

is it best to include that statement or leave it out?I`m a little scared.............

[jonni2bad]

It has no bearing on your claim. Personal choice only.

[mommywend]

Well we shall send it as the template and hope that all goes well. Could I just ask, if the banks have reduced their charges due to the OFT report doesnt that put them in a worse situation where these charges are concerned as surely they are admitting that the charges were too high in the first place, am I being a little naive?

[jonni2bad]

Not necessarily so, but would certainly cause them problems if they didn't, at the very least, refund everything over £12 before going to court - i.e. as per Cap One claims.

[mommywend]

Hi there, sent LBA 14 days ago today and no reply soooo..... gasp.... next stage MCOL. As we have made the claim for both bank account and halifax credit card together, is it still ok to put both together on MCOL or do we have to make seperate claims? My daughter is now beginning to worry about having to go to court and i`m really hoping it doesnt, as I have been the one to encourage her to put her claim in.

[mommywend]

hello again,

posted earlier but no replies as yet, ready to fill in MCOL and need to know whether each claim i.e. credit card and current account needs to be sent seperately as, so far we have claimed for them jointly in the LBA,

please help thankyou.