Survivor -vs- Halifax **New Claim**

[survivor]

Well, I've just called Halifax phone banking - 08457 203040 and asked if they wanted a chq or would they be able to take the £10 out of my account for the SAR.

 

The guy I spoke to was very helpful and said that they charged all customers £5 for any number of statements - told me it would only be £5 whether I wanted 6 mths or 6 yrs.. - and that they would be with me in 7-10 days

 

Beats waiting for the 40 days and paying a tenner

 

My next concern, that I can't seem to find any answers to anywhere else on the site, is , supposing my charges amount to over £5000, can I submit 2 separate claims - to keep them below £5000 each - and state in the claims that claim 1 will be from Date X to Date Y and claim 2 will be from Date Y to Date Z? Obviously when they offer the full amount for claim 1, I would confirm that I was accepting in full & final in respect of that specific claim.. :? :?

[Rooster-UK]

Hi Survivor.

 

Yes you can split your claims to keep them in the small-claims court.

Each half then becomes a seperate claim and nothing to do with the other. Don't run them both at the same time, because if the courts see them, they will probably join them together as one claim. Wait until the first is settled, then start the proceedings again for the second.

Obviously if the total is below £5000 then you don't need to split them.

 

While you're waiting for your statements, spend the time reading the FAQs and the Step by step guide. The more you know, the easier your claim will be.

Good Luck.

Regards, Rooster.

[survivor]

Rooster,

 

Many thanks for the advice - as you can see, I registered to the site in October, and have spent the time since reading through the FAQs and also looking at threads relating to the banks I'll be claiming from.

 

I have all the letterstyped out and ready to send once I have all the details/charges incurred and am more than ready to go to court - from reading some of the threads it's one way that they try to scare you off..!

 

And yes, I have opened a bank account elsewhere, just in case the worst happens and the account is closed

 

I made a New Years Resoultion -

 

'...to claim back what is rightfully mine...'

 

and fully intend to keep to it

 

 

Survivor

[survivor]

Hers's another couple of questions for the well informed..

 

At the moment I have an authorised overdraft of £600, which I use every month.

 

My first question is this, once they are aware of my intention (when they recieve the prelim letter) can they then withdraw the overdraft facility? And, secondly, if so what can I do as I'm not yet in a position to pay back the o/draft.

 

Survivor

[Didge]

I suppose there's nothing to stop them withdrawing your overdraft facility - didn't actually think about that one when submitting my claim and because of the charges, I am regularly into my overdraft and for the last couple of months have been out the other side too. I am at court stage and no time have I been told I will lose my overdraft.

Now that's invoked the Law of Mr. Sodde...

[survivor]

Well, here goes...

 

Got home this evening and found that poor old postie had nearly put his back out...

 

In less than a week I got 24 envelopes with 117 pages of statements - here goes with looking through them and finding out exactly what I'll be claiming..

 

Survivor

[redsonja]

Blimey Survivor it shows there is no continuity as I phoned last night for my statements and was told £7.50 would be deducted. Lady was very nice and helpful though. Sounds like they may have put their charges up to get some extra cash for all the claims they will have to pay out lol!

[survivor]

Well, it's going to go into them in 2 separate claims..:o

 

I've gone through the staements and am ashamed to say that since Jan 2001, I have accrued the grand total of £5200 - give or take the odd pound - and that's not including the interest that I'll be claiming..:grin:

 

I'm going to submit the first claim covering 2001 to Dec 2005 and once they settle that, I'll put in another claim covering Jan 2006 to whenever the claim goes in.

 

Now the nerves are kicking in - since I requested the statements, they've hit me with another handful of charges. I trust that when I send in the preliminary letter with the schedule of charges, I omit the column relating to interest - is that right..:idea: Should I post the letter to Trinity Road, or can I hand it in at my branch and insist on a reciept..

 

Hell, why am I nervous - I'm only asking for my money back. I loaned it to them witout being asked.. :grin:

 

 

Halifax 06-01-2007 Statements requested

12-01-2007 Statements arrive

[survivor]

Just looking at the pre lim letter - should I also be caliming for 'Interest Debited' :confused:

 

If this is the case, the I'll need to go over the spreadsheets again..

[sallysas]

Yes any entry 'Interest Debited - Notified last month' you can claim back. I entered the date it actually was taken from my account. I am claiming just under £3000 and the debit interest added approx £30. Amazing what these £0.95, £1.01 etc add up to!! And don't forget, if they add any charges BEFORE you file at court you can add them on. (You knew that already.) Sally

[survivor]

Thanks Sallysas - Just on a quick scan through, they look to add up o about £300 - £350. Just going to enter them n the spread sheet..

 

Survivor

[sallysas]

I may be wrong but that seems an awful lot. The total I have claimed is also for over 6 years (November 2000) but only on one account. This is interest debited at the end of each month. It comes to £39.76. I am still learning myself but perhaps you should ask a moderator. If you get it wrong now all your effort will be for naught and they will get it thrown out of court or perhaps merely get the interest disallowed. I don't know. As yet I have not claimed any contractual or compound interest so you may be more of an accountant than I am. But that is what this site is for. Encouragement and elucidatation. Another perhaps stupid question. Are you adding the 8% on. This can only happen when you fill out your MCOL or N1. (See I told you I was still learning) Sally

[survivor]

Sally,

 

I have trawled through 117 pages of statements - that is no mean feat!!

 

I have taken all of the charges and found that the charges alone amount to £5435 and then added the amounts listed as 'Interest debitted - notified last month' - this totals £308.

 

I fully intend to make 2 claims to keep the total below £5000 and stay away from the fast track (just in case I have made a mistake..!)

 

The first claim is due to go off to them on Monday for £3583 + £250 interest notified- I have not yet added the 8% as this is for the prelim letter and not been submitted as MCOL or N1 - That would add approx £920 to the first claim..

 

I really do hope that I'm getting this right as it's quite sizeable amount to me and I would hate to fall flat on my face at the first hurdle - It's my first time claiming!!

 

If anyone else can give me any feed back, it will be gratefully recieved..:-|

[sallysas]

£306.64 should be 8% when you go to court. Perhaps like me you are tired. I asked my maths expert to look at this and the above is his figure.

 

Without interest I am claiming £3866. With interest it adds a further £39.76. Have another look tomorrow. Maybe you have put the full stop in the wrong place

[survivor]

£306.64 should be 8% when you go to court. Perhaps like me you are tired. I asked my maths expert to look at this and the above is his figure.

 

Sally,

I appreciate that 8% is as you state, but I'm using the spreadsheet from this link:

http://www.cag-files.co.uk/barracad/Spreadsheets/England/Simple-charges-calc.xls

The final column has the formula for claim interest @ 8% APR. £306.84 is 8% as a flat rate, not taking into account the lengh of time that they have unlawfully been in possession of MY money. Having read the FAQs and the step by step instructions, I think I'm right.

Claiming:

£3333.00 for 'Charges as Notified', & £250.07 for 'Interest Debited - notified last month'

I will send the spreadsheet off to them without the 8% column, and will only utilise that inform when submitting either MCOL or N1 - That's how I under stand it to work..:-?

Survivor

[sallysas]

Maths and I are never going to be in bed together so if you are happy go for it. I am sorry if I have caused you any anxiety - one should know one's limits. Sally

[Isiris]

Right

 

Point 1. When you send off your initial letter for a refund of charges, you ask for the charges and any interest that has been taken from your account. YOU DO NOT ask for the section 69 statutory interest that is calculated at 8%. This is a rate that is ONLY applied at the court stage.

 

Point 2. I would personally increase your initial claim request. When you are trying to keep under 5k for the small claims court, it is 5k in charges and the interest debited so what I would do, and have in the past succesfully, is work out what date the total amount deducted from my account was as close to 5k as possible.

 

This is easy to do by highlighting the first charge on your spreadsheet, keeping your finger on the left click and dragging down. This will highlight everything and in the bottom right hand corner near your clock, it will show the running total.

 

So for example, if you had say 4958 in charges plus 36 inclauclated interest so 4994 THEN YOU ADD 480 fro interest (Or whatever figure) bringing the total value to 5474, this would still stay in small claims but would cost you 250 for the claim

 

Hope that helps

[survivor]

Isiris,

Mny thanks, I was starting to think that I was in the wrong, and needed to send in the spreadsheet with the 8% column included. You must know what it's like - you read everything twice and are certain that it's going right and then you find something that makes you think again..!

I'm sending in the first claim tomorrow - NOT including the 8%...

...Here goes

Survivor

[survivor]

Right - the prelim has gone in, they should recieve it tomorrow...

The clock is ticking,

The LBA has been completed ready to be sent on 29th January

Here's to a successful claim...

Survivor 8)

[Bigmac versus]

Offer through the post pretty soon id say then.

[survivor]

Quck update...

Letter was handed in at my branch on Monday 15th Jan. This morning, I rec'd the standard reply:

Dear Survivor,

Thank you for your letter, recieved at this office on 15th January 2007. ( branch obviously faxed it through to head office..??!!)

Blah, blah , waffle.. you will recieve a reply shortly, but certainly no later than 4 weeks.

You will find a copy of our leaflet, which tells you how we will handle with your complaint. (read through it and there's no mention of delaying tactics, or the fact that they will pay out in full.. )

Surely they've learnt that people will follow their own time scale and NOT Halifax's. 10 days and counting down until the LBA goes off - it's aready typed and ready to print

I'll keep everyone update withmy progress..

Survivor

[survivor]

Well, well, well..!

 

Rec'd a letter this morning from Halifax regarding another account that I have with them that is into the authorised overdraft limit. They are basically saying that I need to make a payment into the account within 14 days of the date of the letter. Letter is dated 18th Jan, which is 3 days after they will recieve my LBA.

 

Have they done ths to anyone else with another account..??

 

I'm tempted to to send them a letter something along the lines of:

 

Dear Halifax,

 

Thank you for your letter dated 18th Jan that was recieved at this address on 20th Jan.

 

Survivor is very sorry that you are not happy with the way that this account is being managed and will look into the points that you have raised. This will be added to Survivor's list of 'Things to do' and you will be cntacted shortly, and in any case within 4 weeks.

 

In the meantime, if I can be of further assistance, do not hesitate to contact me at the above address.

 

Yours

 

Survivor

 

Not sure how that would be recieved, but when all is said and done - it's a stalling tactic...! :lol:

[Bigmac versus]

Sorry are they removing your overdraft then?

[survivor]

Sorry are they removing your overdraft then?

 

To clarify:

 

Dear Survivor,

 

We have recently taken the opportunity to review your accont and note from our records that there have been no credits for the last month. (mainly due to paying unlawful charges on my other account)

 

We would like to advise you that under the condition of your account, a monthly salary or similar payment is required. (not mentioned when account was opened) Until recently we have not enforced this condition. (obviously because they have recieved a prelim for my other account!!)

 

I order to retain your overdraft facility, it will be necessary for you to fund your account on a regular basis. (£10 per month..??)

 

Please make a payment to your account within 14 days of the date of this letter...

 

...blah, blah, blah.

 

This was sent from Trinity road, which, by coincidence, is where I'll be sending my LBA in 7 days time :grin:

 

Anyone else had a similar letter for another account with the Hellifax - guess which account is next on my list for the S.A.R - (Subject Access Request) etc..

[Bigmac versus]

Agh well that dosent sound too bad then, however the question is would you have received this had you mot been claiming from them.