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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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About to send LBA to Halifax - is this right?


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Hi everybody,

 

I've finally plucked up the courage to write the LBA to Halifax. Could you let me know if I've written it correctly please?? Thanks!!

 

/al

 

Removed - I cocked up which letter to send (what a great start eh? ;) ) - please see below for the new letter.
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Hi Exhale.

 

Your post raises one or two points.

1. Is this letter all your own work, or have you lifted it from another site? If it's from another site, then posting it in its entirety here, could raise copyright issues.

2. We have letter templates for virtually any letter you will need in our templates library.

3. You say that you've finally plucked up courage to send a LBA. Does that mean that this is the first letter you are about to send or have you already sent the preliminary request letter?

4. You can only claim back interest that is levied on the penalty charges, not on any authorised borrowing. As this is not listed seperately on your statements it can be a pig to calculate. We have spreadsheet templates which attempt to calculate this for you.

 

Have you read the FAQs? If not then I suggest that you spend a few days on them and the step by step guide in the library section. That will show you the correct way to go about getting your charges back.

Don't let impatience jeopardise your claim.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Incidentally, I can tell you that the letter that you have reproduced would go straight into the bin if received by the bank in that form.

 

No account number or sort code.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Hello Rooster,

 

Each page has the account and roll numbers on the bottom, and it's also provided in bold at the top and bottom of the letter (but I've removed it as I didn't fancy broadcasting that on t'interweb).

 

1. Is this letter all your own work, or have you lifted it from another site? If it's from another site, then posting it in its entirety here, could raise copyright issues.

 

Oh bugger. I managed to start out with the wrong letter - entirely my fault.

 

2. We have letter templates for virtually any letter you will need in our templates library.

 

I spotted those :oops: Back to the library for me...!

 

3. You say that you've finally plucked up courage to send a LBA. Does that mean that this is the first letter you are about to send or have you already sent the preliminary request letter?

 

Nope, that's what this should have been.

 

4. You can only claim back interest that is levied on the penalty charges, not on any authorised borrowing. As this is not listed seperately on your statements it can be a pig to calculate. We have spreadsheet templates which attempt to calculate this for you.

 

The interest charged is the unauthorised overdraft penalty interest - i.e. Halifax applied it to my account each time I went overdrawn.

 

This *isn't* the additional 8% interest mentioned elsewhere.

 

Can I claim back this (penalty) interest? (Not the 8%) - or is it one and the same thing?

 

Have you read the FAQs? If not then I suggest that you spend a few days on them and the step by step guide in the library section. That will show you the correct way to go about getting your charges back.

Don't let impatience jeopardise your claim.

 

Regards, Rooster.

 

I had done (many late nights) - I will re-read them though :)

 

Thanks Rooster.

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Just wanted to make a quick clarification about the interest:

 

1) I was not charged interest on my account as long as I stayed within my overdraft.

 

2) As soon as I went over my overdraft, interest was applied to my whole account.

 

3) This interest wasn't repaid (it came out and stayed out).

 

Having read this, I'm inclined to think I can add this interest into my claim at this stage?

 

/Exhale

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Ok, here's the amended letter. I'd really appreciate any more comments, before I thoroughly stick my foot in my mouth!

 

Request for repayment of charges

 

Dear Madam,

 

>

 

My request

 

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

 

I now understand that the regime of fees which you have been applying 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. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

 

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

 

Your responsibilities

 

I would draw your attention to the terms of the contract which 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 which 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. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

 

What I require

 

I calculate that you have taken £1,129.14 plus £130.54 which you have charged me in overdraft interest for the sum which you have taken.

 

The total amount of my claim is therefore: £1,259.68. I enclose a schedule of the charges which I am claiming with this letter

 

 

My targets to resolve this matter

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

Yours faithfully,

 

 

 

Mr. Exhale

 

---------------------------------------------------------------

 

Schedule of charges

Applied to bank account: (Roll number) D/**** in the name of ****

 

Date Type Charges Interest

31/12/2002 Charge £10.00

31/12/2002 Interest £17.39

31/01/2003 Interest £7.59

28/02/2003 Charge £12.50

28/02/2003 Interest £9.53

31/03/2003 Charge £12.50

31/03/2003 Interest £16.78

30/04/2003 Charge £12.50

30/04/2003 Interest £26.09

31/05/2003 Charge £32.50

31/05/2003 Interest £21.92

30/06/2003 Charge £192.50

30/06/2003 Interest £24.43

31/07/2003 Charge £10.00

31/07/2003 Interest £14.68

31/07/2003 Interest -£14.58

30/08/2003 Charge £190.00

30/08/2003 Interest £21.52

30/08/2003 Interest -£21.52

29/09/2003 Charge £20.00

30/09/2003 Charge £30.00

30/09/2003 Interest £5.02

30/10/2003 Charge £20.00

04/10/2003 Charge £20.00

05/10/2003 Charge £20.00

10/10/2003 Charge £20.00

11/10/2003 Charge £20.00

30/11/2003 Interest £1.69

09/12/2003 Charge £20.00

10/11/2003 Charge £20.00

11/12/2003 Charge £20.00

29/12/2003 Charge £20.00

30/12/2003 Charge £20.00

31/12/2003 Charge £10.00

31/12/2003 Interest £20.64

05/01/2004 Charge £20.00

06/01/2004 Charge £20.00

31/01/2004 Interest £35.67

31/01/2004 Interest -£35.67

31/08/2004 Charge £28.00

30/09/2004 Charge £28.00

30/10/2004 Charge £28.00

30/11/2004 Charge £28.00

31/12/2004 Charge £28.00

31/01/2005 Charge £28.00

28/02/2005 Charge £28.00

31/03/2005 Charge £28.00

30/04/2005 Charge £28.00

31/05/2005 Charge £28.00

30/06/2005 Charge £28.00

30/07/2005 Charge £28.00

Totals: £1,129.14 £130.54 £1,259.68

 

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It's fine. Send it. They'll ignore it whatever it says but at least it shows that you have tried

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