Do I have a chance with the Halifax??

[lulu1234]

Yes it was.

 

Just had a nice surprise.They have charged me £28 for being £40 over my overdraft.This was done on the 31st Jan the day afetr they sent me the bog standard letter.This Im sure is in complete retailiation as I have been this much over my overdraft for about two months and they have let it pass.

I will be adding that on to my LBA . Arghh!

[survivor]

Stick with it Lulu - they've had my LBA a week and have not replied yet, so the MCOL / N1 will be lodged a week tomorrow...!

Survivor

[MR2Phil]

Good luck to both of you, Lulu and Survivor!!

[lulu1234]

And another £28 charge added!!.........

[lulu1234]

LETTER BEFORE ACTION

 

Dear Sir/Madam,

ACCOUNT NUMBER: xx

ACCOUNT NUMBER: xx

I am very disappointed that you have failed to respond to my letter of the 25th January 2007.

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.

 

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 calculate that you have taken xxxxx from Account xxxx plus xxx from Account xxxx. Total xxxx.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 25th January 2007.

 

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.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

Yours faithfully,

Does this look ok? Two questions woulds be great if you could answer them before I send this off tomorrow...

1.I think I only calculate interest when I take them to court is that correct?

2.I have two charges that will be coming out at the end of the month do I wait for them to come out before I add them to to my charges?

Many thanks xx

 

 

.

[Karen W]

Hi Lulu

 

1 Yes thats right don't put any interest on until it goes to court

2 I had 3 charges on the 3 January which were going to be applied on the 9 January into my account so I added these onto the spreadsheet even thought they had not been applied to my account at that time.

 

Hope this helps

[sea-sidelady]

1.I think I only calculate interest when I take them to court is that correct?

 

Yes only add the interest on when you are filing mcol or N1

 

 

2.I have two charges that will be coming out at the end of the month do I wait for them to come out before I add them to to my charges?

 

I added mine on to the spread sheets, which wernt due till the end of the month.

[lulu1234]

thank you to you both xx

[sea-sidelady]

It can be nerve wracking as you get further in to it as you get worried that you will slip up and lose the lot.

We have all been there!!

 

Any thing else just give us a shout.

[lulu1234]

You lot are soooooo helpful I cant thank you all enough!!

 

XXXXXXXXXXXXXXXX

[lulu1234]

Me again!

 

Should I post the letter to Halifax Trinity Road or the office that sent me the bog standard reply to the prelim letter? Which is Customer Relations PO Box 548 Leeds LS1 1WU X

[Karen W]

I sent mine to the address I sent the preliminary letter to - as I didn't get the bog standard letter until the day after I sent it as in Trinity Road, Halifax, West Yorkshire, HX1 2RG

 

If you look at my thread things have gone a little bit haywire so if they do offer you money be carefull what you do, I'm needing a bit of advice on mine now as to whether to go straight to court again!

[sea-sidelady]

Yes send everything to trinity road, especially when you get to the court stages as the other address is a po box.

[lulu1234]

well I sent off the LBA on Saturday 10th Feb.

No news at all so will sit and wait. If I do not hear anything by tuesday of next week I will start to sort the court stuff out. Is this correct? x

[sea-sidelady]

Chances are you wont hear.

 

Have you decided if you are doing mcol or N1?

[Jaynekul]

If heard nothing by the 26th issue issue issue! Good luck it will be worth it

[lulu1234]

gonna do money claim online ,less hassle x

[Vebb]

I am new to this...and currently at reading stage...however very, very interested & keen to pursue the more I read progress reports.

 

All advice & experiences much appreciated.

 

Total Novice :o

[sea-sidelady]

Hi Vebb.

The first thing you need to do is get your own thread.

It says new thread at the bottom of page, so we can see how you are getting on.

You need to read as much as you can.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

These are important to keep. Add them to your favourites so you can keep going back to them.

 

Dont ever be stuck, any problems just shout, there are plenty of people to help you here.

[Jaynekul]

That depends on how accessible your local Court is. I have found from experience of 4 claims v the Halifax that they automatically Ack & defend the moneyclaim online 1s but ignore the claims were issue has been done locally. However, the Courts have got a back log depending on your area so its swings and roundabouts

[lulu1234]

Well still no news .

So what do we all think mcol or local court???? xxx

[sea-sidelady]

Hi lulu,

Why dont you have a look at the mcol site and have a read through and see what you think.

If you dont fancy it go N1.

 

I did N1 but that was because it was easier and i liked the idea of some one looking over my claim before it was submitted.

 

Hopefully which ever you decide on it wont be long until you see your account looking healthier!!

[mummythree]

:-| :shock: :-| Good Morning everyone.

Iwent to my nearest branch of Halifax,and asked for six years of Bank statements.They acted very surprised,i even told them how much i had to pay!£5.00.

Even more surprised when they said there was a huge backlog,and i would have to wait 4 to 5 weeks!!!Is this normal,or should i demand these statements,within a certain amount of days?

[sea-sidelady]

Hi mummythree.

They legally have 40 days to send them.

[mummythree]

Hi mummythree.

They legally have 40 days to send them.

Thanks ever so much,i"ll mark it on my calendar.