Sarge4477 v Halifax

[Sarge4477]

Just come across this site after seeing the various tv and newspaper reports regarding these charges, so I thought I'd add what I'm up to and how my claim is going (or not as it's only just begun). I've just received almost all my statements from the Halifax today Tuesday 9th Jan, I called them a week ago. However I must say they have unfortunatly failed to send the last 18 months, however another quick call and I've been told they have now been resent so only another 10 days to wait.

So far there's 841 pounds worth of charges. I'll add an update as soon as I either send them a letter or I receive one from the Halifax. If anyone has any advise please don't hesitate to add to the thread. Take it easy people.

[mrsfoot]

Hello and welcome to the Consumer Action Group!

 

There are a few things that you must do before sending letters off left right and centre. By following the steps correctly you save yourself and others a lot of work!

 

• Read the FAQs. Print them out and take 2 -3 days to understand what it is you are about to do…..you wouldn’t just jump into a lake for a swim unless you knew how to swim, would you??
  
• Understand the process. Don’t try to start halfway through, it won’t work. Its time consuming but at least you won’t be making any mistakes in getting your money back!
  
• Read through the relevant forum for your bank claim. Here you will find others journeys, celebrations and queries, most of which will help you in your claim.
  
• Start a thread in your forum, and keep it in your favourites so you can find it easier. Call it your name v bank name for example. Here you can log your own journey, ask questions and most of all offer another thread for a newer person to read (see you are giving something back already)
  
• It’s your claim; you have to do the work! Its not easy, can be very frustrating and at times you will feel like throwing the towel and letting them get away. But keep on going, seek advice from mods / site helpers/ or anyone else who is on the forum, great place for this is the chat room, try it out!

Good luck

[Sarge4477]

Just got the rest of my statements and and am now about to send the letter with the list of charges. A quick question if anyone can help. I'm getting the amount of the charges of my bank statements where it's entered on the statement as Charges As Notified. A friend of mine who is further on with his claim has infomed me that his bank wrote back to him asking for a list of what each charge was for, they said it wasn't enough to say a charge incurred on such and such a day. Any advice anyone?

[Josamolly]

If there is a description on your statements, then use that on the template. If it just says 'charges' then ask the bank what each one is for..

 

If they can't supply this info then you are quite entitled just to put whatever is on your statement.

[Sarge4477]

I had to put what was on my statement as I couldn't get very far with the bank finding out what each charge was for. So today my first prelim letter has been sent by recorded delivery to the Halifax, along with a copy of my charges.

[Sarge4477]

Today I received a letter dated 25-01-07 from Mrs S Watson at the Halifax in Sheffield, it reads:

 

Thank you for your letter dated 18/01/07 in relation to charges in previous years on your above numbered account.

 

 

Your request for refund requires further consideration and we will be in contact with you in due course.

 

You will find enclosed a copy of our leaflet which tells you how we will handle your complaint.

 

Your concerns will be dealt with as quickly as possible, but if you need to speak to me in the meantime, please telephone me on 0114 2609760.

 

Yours sincerely. . . . . . . .

 

Now a question if anyone can help please,

1. Do I wait for the bank to get in touch with me, or am I right to assume they won't get in touch with me?

2. Do I ignore the letter so to say, and send in the Letter Before Action 14 days after sending the prelim letter, I sent the prelim letter on the 18th Jan, so I still send the Letter Before Action on the 1st Feb?

 

If anyone has any help or advice, please add.

 

Kind Regards

[maroondevo52]

Hi,

 

Yes send your LBA, they will stall you as long as possible. Keep to your timetable its your money.

 

 

Regards.

 

Scott.

[Rooster-UK]

Hi Sarge.

 

As Maroondevo said, Stick to your own timetable because the bank will seize every opportunity to intimdate and delay you.

 

You're driving this bus. YOU decide where and when it goes.

 

Good luck.

Regards, Rooster.

[Issie]

Hi, I also send my first letter on the 18th (claiming £4592) and have received the same response, they said that they would looking in to it and get back to me within 4wks. I guess this is just them stalling and would probably receive letter in 4wks say sorry but NO. Am now typing up the 2nd letter giving them 14 days. Good Luck

[MARTIN3030]

Hi your posts now moved into Halifax bank group, this is now your own thread.

[sea-sidelady]

You dont have to get in touch with halifax, just stick to the 14 day timeline.

They do try and stall, but we all know different now. Thanx to this site.

 

If you need any help just shout, there are plenty of people on here to help.

[Sarge4477]

I'm about to send in my LBA, however I have opened my bank statements and another charge has been taken from my account this month end. Can any one advise me please can I add this charge onto my LBA, do I have to send a prelim letter again asking for the total amount or just this one charge? Any advise would be greatly appreciated.

Kind Regards.

[sea-sidelady]

You can keep adding on the charges n to your spread sheets up till you file at court.

You dont have to inform anyone.

[Sarge4477]

Thanks,

 

Letter Before Action has been sent today be recorded delivery.

[Sarge4477]

Royal Mail confimed Letter Before action has been delivered.

 

Your item with reference DH922959519GB was delivered from our SHEFFIELD Delivery Office on 05/02/07 .

Thank you for using this service.

[sea-sidelady]

Ok, roll on 18th

Next step. N1 or mcol?????

[Sarge4477]

Ok so I was going to fill in a N1 form at court etc, however on the 15th I received a letter from the Halifax informing me of a Thirty Nine pounds charge to be debited on the 22nd, so I thought I'd wait till then so I could add this on top of the others.

 

Today however I received a letter from the Halifax (Customer Relations, Leeds) dated 15/02/2007. The Letter is from Nick Rogers, Redress Assessor, Core Business, Customer Relations. It goes:

 

Dear Mr Wilkinson.

 

Further to your letter of 24th January 2007. I'm sorry that you have not yet had a full response to your concerns.

 

We're still investigating your complaint, and you will receive a response from us as soon as possible, but certainly no later than 21st March 2007.

 

Our complaints leaflet, which we sent to you previously, explains how we will handle your complaint.

 

Your concerns will be dealt with as quickly as possible, but to help us deal more efficiently with your enquiry, please quote xxxxxxxxx when writing or telephoning the number on the top of this letter.

 

Yours sincerely

 

 

So do I assume this is a lah de dah letter, and to go ahead and file a N1 form with a full list of charges including interest?

 

Any help would be appreciated.

 

Kind Regards.

[emmaf01]

Just continue with YOUR timetable.

 

After all, they are a big company with lots of staff. Each letter clearly states when you will be proceeding with the next step ie N1- if they won't bother to pay attention to your timetable, why should you be considerate of their snail pace!

[barbershop0]

Hi

 

Their 14 days have now expired, I would file N1 or MCOL. You will get you fees back.

 

Many thanks.

[Sarge4477]

Ok so I was going to go and file at the court (N1) on Friday (Yesterday), so I could add my latest charge onto my claim which got debited from my account on the 22nd. However I have now received these letters from the bank, and wanted some advice on what to do next.

 

Basically since the latest 2 charges have sent me overdrawn (I don't have a overdraft on my account) I have yet again received another charge letter dated 22nd Feb telling me that on the 31st March I am to have another 28 pounds taken from my account, yet I'm only overdrawn again due to charges on charges that sent me overdrawn.

 

The second letter states that because I'm overdrawn by 68.53 (just under the amount of two charges), if I don't pay this into the account by the 8th March the bank will take further action against myself for "allowing my bank account to go overdrawn" which could include closing my account and instructing a debt collection agency to come after me.

 

I am unable to pay this into the account immediatly, mainly due to the fact I'm self employed and am awaiting payment from clients (joy of joys). Do I or is it adviseable for me to pay of the 68.53 before I file at court, or shall I file the N1 form at court and pay back the 68.53 when I can which will be within the next 7 days anyway and easily before the 8th March which is there stated date to pay back by.

 

Please advise.

 

Kind Regards.

[Sarge4477]

Help Anyone??

[emmaf01]

I would add to your amount/schedule the charges already taken from your account- and add to the bottom of your schedule the amounts due to be taken from your account- "charges pending" - and whatever dates they sre due to be taken, if known. But do not add them to the amount being claimed.

You can only claim back charges which have been taken from your account, so add any they have already taken, but make sure they know there are charges pending- just so they can cancel them when they pay your amount in full!

[Sarge4477]

Is there a page in the library that can be used as a rough guide line for filling in a claim using hmcs moneyclaim on line service?

 

Kind Regards

[GuidoT]

Guide for completing MCOL:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

and once filed send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

[Sarge4477]

Cheers Guys, Now filed my claim using Money Claim On-Line, paid the fees, got the receipt etc, posted by recorded delivery a covering letter to money claim with two copies of schedules including interest.

 

I guess this is where the fun begins!