dandylion v halifax

[dandylion]

Hi, I have just received my last 6 years bank statements, and have been through them to find Halifax have charged me £2115 in total, will get myself organised now in the next few days to go on to the next stage

hope it goes ok:rolleyes:

[hughes690]

HI DANDYLION: Start reading Frequently Asked Questions for guidance - you must start here. Read and reread! Join your bank's thread and read other claimants' experiences and seek advice there.

[dandylion]

probably being a bit dumb, how do i calculate the interest on the charges?

Total charges over 6 years were £2115 any help I have read the FAQ's but cant see it there thanks:-?

[hughes690]

At what stage of your claim are you? DO NOT INCLUDE INTEREST until action by you AFTER LBA stage (which includes schedule of charges). I ask; what stage of claim are you. Read my thread Brooksdad v Woolwich where I got my advice to follow (including responses to your question re interest, where to find schedules and calculations.

[cherminate]

You could add contractual interest from your preliminary, some people have been successful with this. Check with Halifax what their various rates are, I used 18.5% .

[dandylion]

Sorry am I getting confused I dont mean the 8% interest on the whole claim that you add later at the court stage but it mentions adding the overdraft interest or something on the charge amounts, or do I just put in the amount of charges in my pre lim letter.

Thanks for any help;)

[Didge]

The overdraft interest is all those little bits of charges, usually only pence or a pound or two, that appear on your statement as 'interest debited - notified last month'.

They do add up over the years - got an extra £70 with mine!

[dandylion]

Thanks Didge now I know where to find them will get started on my claim:)

[dandylion]

Ok thats my preliminary request letter all ready to post tomorrow, with my statement of charges lets see what they say

[hughes690]

Wish you well and good on ya!

[dandylion]

Does anyone know the account is a joint account but it only need one of us to sign stuff, my husband and I are now seperated, I can do this myself cant I or will I need his signature aswell.

 

Thanks for any advice

[dandylion]

Well my preliminary request letter went off on Tuesday with the schedule of charges i didnt send it recorded though. Will it matter? I will wait and see if I get a reply at all from them, if not should I send a 2nd copy recorded or go straight on to the next stage??

[Bigmac versus]

Wait the 14 days (plus 2 for delivery) then send LBA again with schedule and this time recorded, good luck.

[dandylion]

Hi I got the standard "we are sorry to hear you are unhappy" letter today and we will get back to you within 40 days! no chance I am away when the 14 days are up but as soon as i am home it will be on to the LBA stage.

 

Bit unsure now though as I have just read a thread where someone won and then got recalled to court, does this happen very often? It was to do with the person at HBOs being on paternity leave or something.

[barbershop0]

Hi

 

File your LBA anyway. The other case was a Scottish court. Stick to the deadlines and they may crumble before court.

 

Many thanks.

[Dave777]

The overdraft interest is all those little bits of charges, usually only pence or a pound or two, that appear on your statement as 'interest debited - notified last month'.

They do add up over the years - got an extra £70 with mine!

 

 

With regards to 'interest debited - notified last month.':

 

I incur monthly charges in this respect averaging £22.00.

I have an authorised overdraft of £1500. I have always remained about £100 inside my overdraft, thus being about £1400 overdrawn. I thought that these charges were lawful, are they not entitled to interest from customers being overdrawn, or are these charges reclaimable?

 

Many Thanks

[sallysas]

Dave777, FWIW claim this debit interest back. I have now filed at court and included this extra £40 in my claim. As I was brand new to this game I only claimed statutory interest as I was unsure how to work out the contractual on an agreed overdraft. If you do the same you are not claiming anything 'illegal'. Do you really want to give them £250 a year extra? Very generous of you. :DSally

[dandylion]

I havent been on line for a while but am now back on track, I sent my LBA last monday but then realised I forgot to send it recorded so re sent it today, so 14 days from now I will start the court forms etc if they dont pay up. I had a general "we are sorry you are not happy " letter but nothing since, reading some threads though it seems they pay up pretty quicky sometimes. Is it worth phoning them aswell or just stick to the letters and deadlines?

[sallysas]

They now know you mean business. I left them alone, got a letter and then a 'phone call which resulted me in being offered 3 rising totals. I'm still going to court though. Just keep to your timescales, do loads of reading and who knows, by the time Easter hoves into view...........

[dandylion]

thanks sallysas will stick to the letters and deadlines and fingers crossed:)

[sallysas]

Maybe you will multiple calls and letters responding to all your communications. Just don't let them bully you on the 'phone. Tell them you can't discuss/commit to any agreement over the 'phone (unless of course you are a really good wordsmith, unlike me) in which case you might talk them into settling early AND IN FULL. It has happened to a clever few.

[dandylion]

I thought i would start getting my papers together to go on to the court stage and filled in the spreadsheets stored on here, I couldnt do it before as they wouldnt open on my computer so did it at work, they have worked out the interest as £541.32 on a claim for £2134 over 6 years it seems like a lot does it sound right to anyone who has done it already?

 

thanks

[dandylion]

Well this is interesting I had a letter today offering me £1066 as full and final settlement of my claim. My 14 days from LBA runs out on monday.

I have been reading the templtes library and dont know wether to give them the extra 10 days or just go striaght in the court action?

 

What would anyone suggest?

 

The letter also states that if I get charged again they will not give me the charges back and may close my account, sounds a bit threatening to me

[dandylion]

Forgot to say there is no payment with the letter and nothing has been paid into the bank account. My husband only informed me the other day that someone from the Halifax had phoned him on his mobile and he told them they needed to speak to me (we are seperated), so it seems they have been trying to get in touch but I would rather communicate via letters as everything is so much clearer that way.

 

What reply should I use?

[sallysas]

Send them the 'accept as part payment only' letter and remind them that their time is nearly up before you start court action. Can't think where I read it but they are under orders apparently not to close any accounts. This could be regarded as retaliatory action and they all want to look good before the ruling next month. Just keep going Sally