Marcus2k7 V's Halifax Plc

[marcus2k7]

Hi Guys

 

Just looking sor some advice........

 

I wrote to the Halifax on 18th December 2006 about the bank charges, giving them 14 days to reply (bad choice of date to do this on I know) and also requested copies of missing statements. Today I received a letter offering me an amount which is no where near what I've paid them in charges over the last six years. I would like to know the best course of action to follow now as I can't submit another letter to them with the correct amount of charges owing as I do not have my statements. I've requested these again but could take a while to come through.

 

Many Thanks

 

Marc

[marcus2k7]

Hi Guys

 

Just looking sor some advice........

 

I wrote to the Halifax on 18th December 2006 about the bank charges, giving them 14 days to reply (bad choice of date to do this on I know) and also requested copies of missing statements. Today I received a letter offering me an amount which is no where near what I've paid them in charges over the last six years. I would like to know the best course of action to follow now as I can't submit another letter to them with the correct amount of charges owing as I do not have my statements. I've requested these again but could take a while to come through.

 

Many Thanks

 

Marc

[TATTER]

Hi Marcus

What did you write in your first letter then, did you give them a list of charges? if you didnt have the statements in the first place how do you know the offer is far below what your charges were?

 

The steps you need to take are all listed in the forums mate, you should read through and familiarise yourself then make your approach

 

Good Luck

 

1. if you didnt have your statements to start with http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

2. after finding all your charges from your statements

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

3. after 14 days if no reply/ unsatisfactory reply

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

[nona]

Hi Marc,

Have you read the FAQ's and step by step instructions? It is worth taking time to read these and some threads on the Halifax forum.

What did you claim in the letter you sent on Dec 18th? Was it just a guess?

You need your statements first before doing anything, then when you know the exact amount and dates of all the charges you can start your claim. If you have requested your statements using the SAR letter from here and enclosed the £10 fee, Halifax are legally obliged to send you the information within 40 days. While you are waiting for the statements get yourself armed with as much knowledge as you can. If you get things wrong the bank will know you haven't done your homework and will try to find ways out of paying you back.

Good luck

Nona

[marcus2k7]

Hi Gang

 

To cut a long story short.....

 

Halifax Owe Me £641 in charges (excluding interest). Received letter offering £391 as a 'gesture of goodwill' which I'm declining... obviously!! Anyone know how I should word this letter and advise I'm sticking out for the whole lot?

 

Many Thanks

 

Marc

[jenpenny]

hi marcus and good luck! if you go to the templates library there are letters there to get you started. i think you should say you accept the offer as partial payment but will pursue recovery of all other charges thru the courts....there are really helpful people on here - im at the 1st stage, just sent off request for statem,ents. but i have done A LOT of reading, it does help getting your head round things. read as many halifax threads as u can, and you will get all the advice u need. Good luck!

Jen

[jonni2bad]

Did you send them a SAR from our site? If so, count 2 days from sending it in order for them to have received the request, and then count 40 days - that is the deadline for them to comply.

 

 

Don't worry about their offer until you have the statements - you have no need to react to their letters in any form of deadline - only YOUR deadlines will count from now on...

[marcus2k7]

Declined Offer and enclosed schedule of charges I'm claiming, giving a further 14 days to respond... Will update in due course!

[marcus2k7]

Received letter today advising that they are not prepared to refund me in full and that their offer of £391 is in full and final settlement so I am going to start Cort Proceedings. Please could anyone offer any help in arranging this? Thanks!

[marcus2k7]

Whoops! Meant Court Proceedings!

[sea-sidelady]

It depends on if you want to do mcol or N1. Have you decided which you are wanting to do. I personally found N1 easy, and i also had the court people helped with any questions i had.

[marcus2k7]

I was considering mcol but would do either? Mcol says I need the particulars of claim... in this should I mention that Halifax have charged me x amount and give details of all the charges?

[sea-sidelady]

This is the letter you will need for mcol

 

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

 

I must admit i dont know much about mcol, but im sure if you get stuck there wi be someone who can walk you through it.

[marcus2k7]

Does anyone know if Overdraft Interest Charges can be claimed?

[jonni2bad]

Yes....

 

You can claim for the interest that the bank applied to your account solely due to the charges, i.e. NOT for general interest which occurred simply because you had gone overdrawn.

 

This, generally speaking, is more complicated to work out because you should ideally know what APR they charged you for general overdraft rates and for 'over limit' rates - unless, of course, you are one of the 'lucky' ones whose statements break this figure down for you.

 

The spreadsheets available on the site should help to work parts of this out - there are various options.

 

Other users have also been claiming for contractual rates. This takes careful consideration and you must be fully aware of the ups and downs of doing so - there are plenty of threads on the subject that can help you decide if that is a path you would like to follow.

 

Good luck

[marcus2k7]

Hey guys... quick question for those who have filed a claim using Money Claim Online........

 

I have checked the status of my claim online and there is a new hyperlink available under Judgement entitled 'Start'. When I click on the link I am presented with a choice of two buttons... those being

 

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

The defendant has not filed an admission or defence to my claim

(Judgment by Default)

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

The defendant admits that all the money is owed

(Judgment by Admission)

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

 

Do any of you know what this means and whether I have to select one or wait?????

 

Many Thanks

 

Marc

[jonni2bad]

Refer back to your court papers that should show the date by which the claim must be acknowledged. If this date has passed and the court confirm that no acknowledgement has happened, you can then apply for a Judgment in default.

 

Likewise, if they did acknowledge and the timescale for submitting a defence has passed, the same applies.

 

Beware though - banks are likely to ask for a set-aside in such circumstances, so as much as it pains us to admit it, you might be better to phone the banks legal department and check if they are aware of the timescale.

 

Phone the court first to see if deadlines have not been met - sometimes the online versions are a couple of days behind schedule and paperwork might well be on its way.

[marcus2k7]

Hi guys... could do with some advice (again)

 

My claim was issued on 12th February 07 and deemed to be served on 17th February 07. On 21st February 07 I received a letter from Moneyclaim to say that Halifax intend to defend all of my claim and they have 28 days to file a defence. How likely am I to win the claim? Do I need to do any preperation or gather any evidence together?

 

Many Thanks

 

Marc

[mamatemi1]

Go to the templates on this site and get the basic court bundle. You will also need copies of your letters and schedules of charges. PM a moderator when you have done this for further advice.