This might be a big one?

[cwoj]

Hello

I have decided to start a new thread as I am about to embark upon quite an epic journey.

I do have a few worries though. About for years ago I started my own business and have to admit was quite reckless with regards to my personal financial situation. Every time business went slow at work, I paid myself less money, increasing the amount of personal debt. In the end I ended up with over £30,000 worth of debt and no real way to pay it. Eventually the business went into administration and despite my efforts to make regular payments found that the situation was worsening. The only job I could get was a self employed salesman with a variable pay date and amount. I have had a variety charges made against me in the past four years in some cases over £300.00 per month. It seems what little I paid would then be swallowed up with these charges. I am an honest chap, which I admit has poor financial management just wants to get the buggers paid off, so would be grateful for any help in my quest at reducing my debt and getting my charges back.

I have a mortgage account with the Halifax which has 8k worth of arrears and an arrangement in place to pay some back, although they have made various charges for missed payments and even charges to tell me the payment has missed. (btw were selling the house now to try and pay the debts off)

I then get a letter from the Halifax Current account saying that the mortgage direct debit failed with charge and then a charge for going over my overdraft.

I have a Halifax credit card which has hundreds of late payment and overlimit charges.

A citi credit card which has hundreds of late payment and overlimit charges.

An egg card which has loads of late payment and overlimit charges.

A capital one card which has hundreds of late payment and overlimit charges.

Same with an American express card.

And a HP agreement with Black horse for my car.

We have cut our outgoings out and are taking advise from the consumer credit counselling service regarding the debt and are now liquidating our assets in order the pay everyone back…..but the charges they have made have really contributed to the position were in. In fact I suspect that my claim with the Halifax for the bank account would be right on the 5k limit.

My concerns are that starting legal action may anger the banks into closing our mortgage account or making a demand for full payment. We have kids so don’t want to lose the roof unless we sell it for the right asking price and on our terms. Also does the 5k limit apply to the Halifax as a whole, eg mortgage, credit card and current account or as separate cases?

Anyone think we deserve these charges as we probably have needed a lot of management?

Thanks in advance? :D

[babes66]

The 5k limit is per acc as I understand it cwoj, and as to whether you deserve it, if you were mugged, would you feel you had deserved it for carrying money?

 

The banks have been making us all feel guilty for so long, taking the moral high ground and treating us like we're stupid and deliberately incurring charges, but it is all a lie!

They have been stealing, yes, thieving, robbing, mugging pillaging and kicking people when they are down for years and they expect to get away with it simply because they are banks and consider themselves above the law!

 

Get MAD! Then get even:)

[kaysamoly]

I'm interested in the mortgage charges I have been late paying my mortgage twice. So if my mortgage is due on last day of month on the 1st of next month they charge me fifty pounds which they add to my mortgage balance and charge interest on. I need to know if this is legal.

[cariad]

£5,000 is the small claims limit for county court proceedings issued in England and Wales.

 

The only reason it is recommended you limit your claim to this amount is because it means you avoid any risk of having to meet thousands of pounds of legal fees IF you issue proceedings AND IF you lose - both highly unlikely but nevertheless a risk. Small claims track claims only award what are called "fixed costs" of usually less then £100 (they come on a sliding scale which depends on the amount you are claiming) so even if things co completely belly up you know that's the most you'd have to pay the bank - again unlikely you will but it takes any additional worry off you.

 

Claims above this have no limit on costs as such (other than what is considered "reasonable and proportional" by the jusge which is a bit of a moot point) and if you lost you'd have to pay the bank's legal costs based on the hourly charging rate of their solicitors. To give you an example the work I do has an hourly rate of £163 as set by the Cardiff County Court for fast track cases (worth £5k to £15k). This is the hourly rate the court sets - not some random figure my firm plucks out of thin air.

 

The £5,000 limit applies for each set of proceedings issued so it would cover each separate bank/mortgage account. You cannot split your claim to remain under the small claims track limit. So if you had charges of, say £6,000 with the Halifax you couldn't issue two sets of proceedings and split the claim. You'd either have to limit your claim to under £5,000 or have it run in what is called the fast track where you then risk having to meet the bank's legal costs if you lose completely. Even if the court awards you less than you claimed this is still a win (unless you fail to beat a Part 36 offer or payment but I'll leave explaining what that is for now ).

[cwoj]

Thanks guys, i have spent the last few days reading about various claims and feel ready to get all my money back. I am just sorting through my statements and will be sending my first letter early next week. Has anybody ever lost, are there any threads where the halifax have defended the claim and won or even just attended court? :o:o

[Bookworm]

Has anybody ever lost, are there any threads where the halifax have defended the claim and won or even just attended court?

 

No, no, and no.

 

x

[cwoj]

No, no, and no.

 

x

 

Never, OMG, i am owed so much from these robbers in suits that it hurts. TBH i think that the amount am going to claim back would almost clear all our debts in full.

 

OMG the stress we have gone through for the last 6 years could all be gone within three months.....

[cwoj]

i have looked but could find out if the courts have any issue with a claim if it wasn’t for the whole amount....lets say you find 1500 on your statements but dont have all of them? what about accuracy, what if you make a genuine mistake and claim for a charge too many? is this possible and what would happen? Would the case in its entirety get thrown out?

[Bookworm]

I think you need to step back and start reading more. You're asking questions all around that make it quite clear you either haven't read or absorbed enough of the FAQs and forum material.

 

Please do so first. Then, if and when you have questions which haven't been answered before (and there's not a lot of them with a base of 17000 members), then post them here.

 

Thank you.

[cwoj]

sorry

[cariad]

i have looked but could find out if the courts have any issue with a claim if it wasn’t for the whole amount....lets say you find 1500 on your statements but dont have all of them? what about accuracy, what if you make a genuine mistake and claim for a charge too many? is this possible and what would happen? Would the case in its entirety get thrown out?

 

The burden of proof is always on the Claimant to prove your claim.

 

Don't forget though that in the civil courts the burden of proof is less onerous than in the criminal courts. So it's not "beyond reasonable doubt" but "on the balance of probablility".

 

Still...in a matter such as this I would expect the courts to expect evidence of the loss by way of statements etc...

[chipsandsausages]

Cwoj, you have been very honest in your thread - and I do wish you EVERY success as you begin your journey toward getting yourself back on track.

 

Just remember - don't rush it - make sure you read, read and read again all the FAQs and bits that you need to arm yourself.

 

Write to your bank and ask for copies of all your statements dating back 6 years. Even if you already have some of them, it does no harm in getting a complete set as it will cost you the same.

 

Sit down with a pen and calculator - tot up all the charges. Then tot up all the "interest debited". Add them together - BINGO! That's your claim.

 

Write a letter asking for it back.

 

(You will probably be ignored)

 

Write your "letter before action"

 

(You will probably be offered a small amount back - to settle out of court)

 

File your claim with the courts.

 

They will acknowledge it and tell you they'll defend it.

 

You'll get your money back.

 

This seems to be the general run of things at the moment - but make sure you know exactly what you're doing first.

 

Best of luck with it. I'll be keeping an eye on your thread so keep us all up to date with your progress and welcome to the site!!

 

Chips xx

[k999jde]

Hi There cwoj,

 

Your story is similar to mine although my charges appear to be less.

 

I am 18 months into a DMP (Debt Management Plan) with the CCCS (Consumer Credit Counselling Service) a few minor hiccups but going well. It will take me 30+ years to repay but every journey starts with a single step. You have chosen a good charitable company.

 

The very best of luck to you, and your family.

 

There is not much advice I can give only this,

 

 

I hope that you have opened a new clean (basic) bank account for your wages so that the banks cannot steal your wages to pay overdrafts and charges etc.

 

I did and found that the money became mine again and then I decided who got paid and when.

 

Good luck with the claims.

 

Keep us posted.

 

David

[cwoj]

thanks Chip and David. Am sending my DPA request today. TBH it feels good that i am taking some action against them. :)

[cwoj]

Just sent a DPA request to the following:-

 

Halifax

Halifax Card Services

Capital One

Abbey National

Citi Cards.

 

:D:D:D

[cwoj]

not as bigger claim as i expected and now as large as some on here. But am claiming a fair amount from them. I have sent the initial letter and a 14 LBA and have since had an offer for £300.00....i closed my eyes and imagined that noel Edmunds was there.

Deal or no Deal.... I waited for what seemed like an eternity and gave my answer

 

 

No Deal! so its off to moneyclaim next..

 

Oh, forgot tyo say, Halifax have forgot to send Vida stats by DPA deadline...so have to send a non compliance letter.

[cwoj]

This topic was closed on 09 March 2019.

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