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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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2die4 vs The Halifax


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Well after finally having enough of the bank charges and all the members on this greta forum and there positive results I have decided to do the right thing and reclaim all my bank charges for the last 6 years.

 

I'm currently out of the UK due to work commitments but I will be back in January. I don't have my last 6 years worth of records, however 2 weeks ago I did telephone Halifax customer services and requested them over the phone. They told me it would cost £5 which they would debit from my account. The £5 has been deducted and the statements arrived last week (my sister checked for me at home) so when I get back to the UK I shall be going through them and seeing what is what.

 

What is the best address I should send my 2nd letter too ?

 

I'll keep you guys informed and hope everyone had a good Christmas ! Here's to sticking it to the banks in 2007 !!!

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Hi - you might like to have a look at my thread - jaxads - for info on the Halifax timescales. They responded to me really quickly!! Their initial offer I think was £1445 against a claim of just over £2200 - I was really surprised to receive an offer of that much after just one letter. I'm now awaiting a reply to my LBA - which hopefully will be with me in a couple of days. Good luck!!! jaxadsx

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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cheers for the info jaxads :D just been looking through your post ! I hope my claim gets settled fairly quickly like yours.

 

Good luck with the rest of it and let us know how you get on !!

 

Happy new year !!

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ok will be back in the Uk soon to do this. Was wondering when I send the 2nd letter in stating how much the bank owes me in charges etc. How much percentage of interest should I calculate or should I not bother ?

 

Also should I also send them photocopies of the bank statements with the amounts highlighted as well or is that not needed ? Or should I just print a little spreadsheet in excel with dates or charges or is this not needed ?

 

Want to get as much ground work and info done as possible before I make the claim !

 

thanks guys !!!

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Always best to use a spreadsheet - use one from here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

This shows the bank you've done your homework in adding all the charges up, and the same spreadsheet can be used later if you have to submit a claim through the courts. The advantage of using the ones on this site is that they also do the calculations for you.

 

You do not claim the 8% interest in your initial correspondence with the bank, only if all else fails and you file a court action will this be taken into account.

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Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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  • 3 weeks later...

ok process underway now. Have calculated £689.00 in "charges as notified" just finished printing off 3 copies of the letter and the spreadsheet with costs. Will post in a few mins via recorded delivery to the address recommended by Clarabucket !

 

thanks so much for all the help and support I've received from this forum !

 

Will keep you guys updated ....

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Hi 2die4 --- I was wondering where you were up to?? Remember to stick to YOUR timescales and you'll be in the money soon. best wishes. jaxads x

  • Confused 1

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Thanks for the well wishes jaxads :) yeah i'll definitely be sticking to my time scale. They should receive my letter tomorrow (i'll check the Royal Mail website just to make sure !) and we'll see what happens. I'll be sure to keep everyone updated ! Hope you're having fun with your reclaimed charges ;)

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ok update time.

 

18th Jan 07: Preliminary approach for repayment letter sent with enclose spreadsheet of bank charges (no interested added). Requested £689. Posted via recorded delivery to Halifax.

 

19th Jan 07: According to royal mail trace the letter was received by the Halifax.

 

24th Jan 07: Received letter from Halifax this morning claiming they received my letter on the 23rd January 2007 (letter is dated 22nd January :confused:). Standard letter of apology to learn I am unhappy about charges etc and that it should take no longer approx 4 weeks for a customer service manager to get back to.

 

 

I full intend to stick to my 2 weeks time scale as I wrote in the preliminary approach so would I be right in assuming the 2 weeks time scale will be up on 1st Feb (exactly 2 weeks from when the Halifax received my letter).

 

Thanks guys and continue fighting the good fight !!

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Hi - stick to YOUR timescales, but I bet you'll get your first offer soon :D

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Still not heard anything so come Thursday I'll be sending the LBA letter off and we'll see what happens. Watch this space .......

 

Do you think it's worth giving them a call before sending the LBA or should I just send it anyway ? :D

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Dont bother phoning. Just send it.

As jaxad says, stick to your time scale.

They are just trying to delay you. Nearlly everyone recieved that letter.

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Thanks for the replies !

 

One quick question, should I send the LBA to the original address I posted my preliminary approach for repayment to which was the one in Halifax or should I post it to the address on the top of the letter I received which is:

 

Halifax Plc

Customer Relations

PO Box 548

Leeds

LS1 1WU

 

Thanks again for all your help, much appreciated ! :)

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Either will do. Did they not send you a pre paid envelope???

A lot of people reply with those. Save on postage :D :D

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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No pre-paid envelope, all I got was the letter and a leaflet, "Personal Customer Complaints - Here's what we'll do" :S

 

Ok LBA letter and statement of charges all done and ready to send come Thursday.

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Quick update, LBA was posted on Thursday 1st Feb so they should have it by now. Will see if they reply in the next 2 weeks. Might give them a call on the 14th or so and tell them that if we can't agree to a solution then it's the next step. Thanks for all your support guys !!

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Ok update time.

 

Got a letter from the Halifax yesterday offering me £400. I originally claimed £689.

 

The letter stated that some of my claims were more than 6 years old (I got the statements in mid-December and send off my 1st letter (Preliminary approach for repayment letter in mid-January). So they said that the total amount they would pay would be £520, although it's not my fault it's taken them 4 weeks to get round to seeing to my claim. However, as it costs them money to run my account, etc, etc they have offered me £400.

 

I'm tempted to give them a call and see if I can get the £520. I understand it costs them money to run my account etc but surely al the fees I have piad in the past plus interest would more than cover these ? Or should I still try and pursue the £689.

 

Any advice on what I should do next ?

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Hi - you've got nothing to lose by giving them a ring. I did and they agreed to refund me the whole amount. I also said that the interest alone earned from my charges would have more than covered any cost involved in running the account - the guy didn't really know how to respond to that!!! Good luck.

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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2die4

You're about 5 days behind me. I sne t my LBA on 27th Jan, and got a reply on day 13 (9th feb)saying that they had not yet looked at my camplaint, but had until 9th March to respond.

N1 filed this morning at 1000hrs - wonder if that will get a response..???

Good luck with your phone call - if you decide to make it..

Survivor :cool:

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If you found my advice to be useful, then please click the scales to the left - Thank you.

 

Halifax - 13/01/2007 - Prelim sent

Halifax - 27/01/2007 - LBA

Halifax - 19/02/2007 - Filed N1

Halifax - 21/02/2007 - Telephone call from Halifax offering FULL SETTLEMENT (inc costs & 8% s.69) - RESULT!!

 

Advice & opinions given by Survivor are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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RESULT !!! Ok phoned them about the offer thanking them for the initial "gesture" of £400. The charming woman I spoke to informed me that it cost money to run my account etc. I said I appreciated that fact but I feel as though all the charges I have paid to the Halifax in the 15+ years I have been with them plus interest would be enough to cover the up keep of my account.

 

I said I was hoping we could conclude this matter over the phone rather than me having to take it to the next stage and claim my money back via the courts. I reminded her that my timetable schedule still stood and that by my own calculations if the matter wasn't resolved by the 15th Feb I would be proceeding. I then also pointed out that for the sake of incurring extra court costs as well as interest not to mention the negative feeling that I would have as a customer that ideally it would be best if we could negotiate on the initial £400 offer.

 

Anyway, after some negotiations and her trying to justify the costs of

running my bank account and me justifying why I feel as though I have

already paid for them tenfold we came to a fee. I got the full amount £520 !! :D :D

 

I just have to amend the offer and she has also updated my record with the revised amount !!

 

Thanks so much to everyone on this forum for there help and support !! I just wish I had done it earlier so I could have got the full £689, however, I cannot grumble at this !!

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