Mozstar vs Halifax ***SETTLED IN FULL***

[mozstar]

Hi everyone. I'm taking on 3 organisations at once so I apologise for cross posting this first message in the relevant 3 forums for speed.

 

I had already sent a prelim letter to the lovely folk at Halifax (as well as to Lloyds TSB and Capital One, whom I am also pursuing for the return of my money) before I discovered this wonderful forum - I had simply used the template to be found on the BBC website (has anybody got any comments on this template?).

 

I have since discovered the whole notion of charging interest on the amounts that were unlawfully taken from me and have decided that this would be a fair and proper route for me to take. I am therefore about to recalculate the amount which I will be demanding from them and intend to send a new prelim letter, once I have done a bit more reading up on the subject.

 

Do I need to refer to my previous letter in my second prelim letter ie. by saying something like "please disregard my previous correspondence" or "following my recent correspondence I have since discovered..."? Or just pretend I never sent it? What have other people done?

 

Anyway I'm really glad I found this forum, I look forward to following some of your threads and I wish you all good luck!

[mozstar]

Well I've had a couple of bland 'we are investigating your complaint' letters from Halifax, and it's time I moved this on. I've decided to add on compound contractual interest at the unauthorised borrowing rate: can anyone please tell me what Halifax's current rate is for this? I'm no longer with them and I can't find it on their web site.

 

I was going to send the following letter, so if anyone has any comments or advice before I send it please let me know. Your help would be much appreciated!

 

 

13/02/2007

 

Mr Stephen Childs

Senior Review Manager

Customer Relations

Halifax PLC

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

 

Letter Before Action

 

Regarding: Sort Code XX-XX-XX Account No. XXXXXXXX

 

Your Reference: XXXXXXXX

 

Dear Mr Childs,

Thankyou for your letter dated 30th January 2007, however I am very disappointed that you have not as yet given me a full response to my recent request sent to you on 29th December 2006 in which I asked for a full refund of the £120 penalty charges that have been unlawfully applied to the above named account.

I now understand that the regime of 'fees' that you applied to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract that you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner that complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

Furthermore since my previous correspondence to you I now understand that I am also entitled to claim reciprocal contractual interest on the sums which you unlawfully debited from my account at your own unauthorised borrowing rate of X%. Therefore I now require you to repay to me the total amount of XXXX. I have included herewith a spreadsheet that details how I have calculated this amount.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Yours sincerely,

 

Mozstar

[Bigmac versus]

Hi Mozstar the rate for unauthorised borrowing varied on what account you have or had. Visit their website and scroll down the accounts and you will find it there, good luck.

[mozstar]

Thanks I've found it now!

[mozstar]

OK well ironically a Michelle Dodd at the Halifax just phoned me and offered £90 of the £120 they owe me. I told her I wouldn't accept and that I would be prepared to go to court and I would be adding on interest. She then said that they wouldn't pay the interest but they would give me the full £120 to stop me going to court. I accepted at the time because this is the smallest of all the claims I have going and I figure it would be a lot of work for a smallish amount.

 

However I'm now thinking I should have held out for the full interest which I've just calculated and which more than doubles the claim - can I do this now that I have verbally accepted? Am I entitled to change my mind at this stage??

 

Your advice would be greatly appreciated! :?

[jonni2bad]

HI

 

You are not entitled to claim the interest until court action has begun - this is Statutory Interest and is, in fact, awarded only at the Court's discretion (although very, very likely).

 

As such, the offer of the full refund of charges is all that they should be offering you. Be happy that you don't have to go to court...

[mozstar]

Hi thanks for the reply - sorry I should have explained I meant contractual interest rather than statutory: do you think it's too late for me to change my mind about wanting to challenge them on this? I have only sent a prelim letter so far (which didn't include interest as I followed the BBC guidance and hadn't discovered this forum).

 

Don't get me wrong I am happy to have won my charges back, but considering the illegality of what they are doing I would be even happier to take them on for the extra interest.