Chopski Vs Halifax

[chopski]

Hi Everyone,

 

Been browsing this site for a while now and found it quite enthralling! I like many others have been stung by the Halifax over the past few years and have always thought that as I had signed up to the T & Cs I didn't have a leg to stand on! So am quite glad I found this site (and moneysavingexpert)!

 

Anyway, I sent the initial statement/charge request letters on 19/01/07 to both of my accounts with the Halifax, including a £10 postal order in each. Unfortunately I have sent them to the wrong address! I got the address from moneysavingexpert (before it got corrected!) to the Halifax Card Services in Dunfermline. Now I realise they should have gone to the Trinity Road address! Have phoned them today but haven't been able to get through to anyone who knows anything yet but will try again tomorrow. Sent the letters recorded delivery so I know they have received them, just hope that they forward them to the right address or back to me.

 

Not sure if this means that I can only count the 40 day period from when they arrive at the correct address?

 

Anyway, am going to send off similar requests for Capital One tomorrow and my g/f will be sending hers off to Barclays and Barclaycard.

 

Just thought I would start a thread as everyone seems so helpful on here and I'm not too hot on all the legalities etc (but learning fast!). I have kept a few statements and the charges add up to over £1000 already (without interest), and am missing about a years worth of statements from a financially difficult time, so should be a bit more!

 

Will update when something happens.

 

Hope this thread is in the right place too!

 

Cheers

 

Chopski

 

---

Will definitely donate on payout to help keep this site going - thanks for all the advice!

[chopski]

Hi there Chopski and welcome to the site!

 

I wouldn't worry about which address you send your S.A.R - (Subject Access Request) to, obviously Trinity Road is the correct one, but your letter will get there and if they miss the 40 day deadline, that's their fault, not yours. They know all about SAR's and where to pass them onto, they've had plenty.

 

You've done your bit for now, sit back and wait for those statements, and if an organisation of their size can't get their act together, report them.

 

As for the missing year of statements, get that highlighter at the ready!

 

Keep us posted, any questions, just ask away, we are only too happy to help! :grin:

 

 

Hi AWC,

 

Thanks for the welcome and advice - much appreciated. I will start the countdown from when they received the letter then, and will continue to read through posts on here.

 

I haven't come across any, but has anyone actually lost and been denied there charges?

 

Regards,

 

Chop

[chopski]

Chopski,

 

Welcome to the site and congratulations on taking the first step towrds reclaiming unlawful bank charges..

 

Don't worry about asking questions - the only daft question is one that's not asked - there will be plenty of people wondering the same as you and are worried about asking the exact same question. There are plenty of people who will be able to offer suitable advice.

 

We were all in your position at one time or another..!

 

My advice would be to read, read and re-read the threads / posts on the site - it will help you see that we all have / had the same fears and worries.

 

In the meantime (whilst waiting for your statements to arive) click the links below for further advice...

• FAQs - http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/
  
• Stp-by-Step Instructions - http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html
  
• Template letters - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

Hope that the above helps or at least give you some encouragement that you've made the right decision.

 

Survivor 8)

 

Hi Survivor,

 

Thanks for the tips - have now filled up my favorites with links from here. I often find it a bit boring reading legal stuff but not here! It's fascinating reading some of the posts and following everyones adventures with the banks!

 

Thanks for the welcome.

 

Chop

[chopski]

Apparently there was 1, but there was a big problem with it. But i have looked everywhere and i cant find it. So it might be one of those...chinese whispers stories, but since being on here i have read all sites and never heard of any one getting turned down.

 

 

Hi Sea Sidelady,

 

Thanks - it's very reassuring to know that they haven't found a way round refunding charges yet! Although I am sure the banks legal teams are working overdrive to find a loophole or change their policies!

 

Bless em!

 

Regards

 

Chop

[chopski]

Hi again,

 

Heres the next update. I phoned the customer relations number (08457 253519) today to find out where my initial S.A.R - (Subject Access Request) and postal orders were, as I had sent them to the wrong address. Spoke to quite a helpful lady who tried to track them down for me, but with no luck. She had a chat with her manager and told me she would order all 6 years statements from both my accounts today free of charge, so I should receive them within 2 weeks. Still not sure where my 2 postal orders are yet but she also said she would notify the data control centre as even if they had been sent to the wrong address they should find their way to the right one, or if not back to me.

 

Whether the statements were free of charge or not I don't think I can get the cash bank from the postal orders if they come back to me as they were made out to Halifax?

 

Anyway looks like the statements are on the way. Although I will still be counting down the days from the initial request as even though it was the wrong address, it was still sent to the Halifax.

 

I might even buy a new highlighter for the occasion!

 

Thanks again for all your advice everyone!

 

Regards

 

Chop

 

P.S. Does nayone know why my sugnature never shows up after I post a message? It is enabled in CP and all the relevant tickboxes are ticked? Thanks

[chopski]

Hi everyone,

 

A quick update - I phoned the Halifax to see if they had received my SAR (originally sent to the wrong address at Pitreavie Business Park instead of Trinity Road) and they said they hadn't. I explained that I had sent postal orders of £10 for each account I have with them and the lady I was speaking to said she would order the statements free of charge (so in theory I should get the postal orders sent back if they ever turn up!). I received 2 letters dated the 6th February saying that my statements will be sent under separate cover in the next 10 working days.

 

So should have the statements by the 20th Feb. The initial 40 days runs out on the 28th Feb, so things seem to be on track at the mo!

 

Will update again when something else happens!

 

Chopski

[chopski]

Hi again,

 

The statements arrived yesterday (poor postie!) so Halifax have been quite quick, especially as I sent the original SAR to the wrong address!

 

Anyway I have spent some quality time with the highlighters and the statements and have roughly added things up to a total of just over £3000 (2500 on one account and 500 on another).

 

I am now trying to understand how the interest works out as there are a huge amount of payments marked on the statements as 'Interest Debited - Notified last Month'. Some of these are over £25 a hit and they come thick and fast! I have an authorised overdraft with them so I am guessing that most of this interest is ligitimate as I would have normally had to pay interest due to the overdraft? However, due to the amount of the charges that have pushed me over my authorised overdraft amount, can I claim back the interest on the unauthorised overdraft amount? The theory is that if they hadnt have charged me so much, I would not have been paying so much interest.

 

If anyone can help me out on this one I would be very grateful. I am sure I have read on here somewhere that someone added all the 'interest debited - notified last month' and included it in the initial claim (separate from the 8%).

 

Many thanks

 

Chopski

[chopski]

There you go Jaxads - needed to add more waffle.

 

Survivor

 

 

Surely I waffled enough in my posts to generate a signature??

 

Strange

 

 

Any help on the interest bit of my last post would still be greatly appreciated

 

Cheers

 

Chopski

[chopski]

Hi again,

 

The statements arrived yesterday (poor postie!) so Halifax have been quite quick, especially as I sent the original S.A.R - (Subject Access Request) to the wrong address!

 

Anyway I have spent some quality time with the highlighters and the statements and have roughly added things up to a total of just over £3000 (2500 on one account and 500 on another).

 

I am now trying to understand how the interest works out as there are a huge amount of payments marked on the statements as 'Interest Debited - Notified last Month'. Some of these are over £25 a hit and they come thick and fast! I have an authorised overdraft with them so I am guessing that most of this interest is ligitimate as I would have normally had to pay interest due to the overdraft? However, due to the amount of the charges that have pushed me over my authorised overdraft amount, can I claim back the interest on the unauthorised overdraft amount? The theory is that if they hadnt have charged me so much, I would not have been paying so much interest.

 

If anyone can help me out on this one I would be very grateful. I am sure I have read on here somewhere that someone added all the 'interest debited - notified last month' and included it in the initial claim (separate from the 8%).

 

Many thanks

 

Chopski

 

Hi again,

 

Anyone have any words of wisdom regarding the extortionate amount of interest I have been paying and whether I can claim any of this back?

 

Many thanks

 

Chopski

[chopski]

Chopski,

 

I chanced my arm when I submitted my claim, and included all entries marked 'Interest Debitted - Notified Last Month' on my schedule of charges. Halifax have so far only responded with standard letters, and have not yet made an offer - I filed N1 on Monday 12/02/2007.

 

I'm not expecting an offer, and fully anticipate having to complete AQ, however, IMHO, I think Halifax may make an offer prior to going to court, and if it does get as far as court, I believe that they would only dispute the 'Interest Debitted - etc, etc' as to dispute the full amount would render them having to disclose tha actual costs incurred ...!!

 

In, I thinkgk that they will settle in full before appearing, given that the full amount of 'interes debitted - etc' is only £250 ish.

 

Hope that the above gives some help and / or guidance/advice...

 

 

Survivor

 

Hi Survivor,

 

Well lets hope they just pay up the full amount for us both

 

I'm not sure if I'm going to just include all the 'interest debited - notified last month' yet, gonna think about it a little further. Once I start sending of the rest of the letters I really want it to go as smoothly as possible and having the correct calculations on my part will hopefully help.

 

Thing is I am rubbish at maths etc and to go bacl over all the interest debits, work out what the interest rate was at that time and then work out the percentage of that interest that was actually caused by the unauthorised overdraft (halifax fault) and what % was caused by the authorised overdraft (my fault), is a real pain in the but!

 

Might just be easier to claim for charges and then at court stage add on the 8% etc.

 

Thanks for the advice survivor.

 

Anyone else have any thoughts on this?

 

Many thanks

 

Chopski

[chopski]

Quick update,

 

Sent the prelim letter to Trinity road recorded for both of my accounts with the Halifax on 21st Feb.

 

Received a courtesy letter for one account saying that my case has been given to a customer relations department.

 

The other letter seems to have gone AWOL! Did a track n trace from royalmail and it hadn't been delivered so phoned them to enquire and they said it isn't officially lost until 15 working days from the due date! And I thought first class meant a quicker service!

 

Oh well, hopefully I will get an offer soon from the account that is being processed.

 

Chops

[chopski]

Hi Survivor,

 

Congratulations my friend!!!

 

I didn't put in all of them but worked it out properly on the percentage of unauthorised versus authorised overdraft etc. To be honest most of the 'interest debited - notified last month' counted anyway so it really bumped up the total

 

Really glad you got yours though - hopefully the same will happen to me!

 

Cheers

 

Chopski

[chopski]

Hi all,

 

Another update.

 

Just arrived back from Spain to find 2 offers from Halifax.

 

From my basic account I asked for a refund of £463.00 in charges plus £1.64 in interest (not the 8%). They have offered me a refund of £312.00, not accepting liability etc etc.

 

From my current account I asked for a refund of £2583.00 in charges plus £401.81 in interest (not the 8%). They have offered me a refund of £2573.00, also not accepting liability.

 

They have included an Acceptance Form for both the amounts which they want me to sign and send back. Although I am pleased that their first offer is so good, I would prefer to get all the money back.

 

Do I need to send a letter saying I accept in part payment or do I need to refuse the whole lot and say I will continue with claim etc? Also, is there a template letter for this scenario?

 

Many thanks

 

Chopski

[chopski]

Also,

 

The offer came at the end of the Preliminary letter timeframe, so I haven't sent the LBA yet. Do I still need to send that letter or can I just use one of the rejection letters and adapt it so it says something like 'if i dont here from you in 7 days i will proceed to the next stage of my request' and then send the LBA giving them a further 14 days (after the 7 days from the rejection letter?

 

Any help greatly appreciated.

 

Chops

[chopski]

Hi Everyone,

 

I have amalgamated a rejection letter with an LBA letter but as I am no expert in this area, could anyone have a read through it and make sure I haven't missed anything vital out or said something I shouldn't please?

 

Halifax PLC

Customer Relations,

PO Box 548,

Leeds

LS1 1WU

Response to settlement offer – Re: Account number: xxxxxxxx

Dear Mr Pinnington,

Thank you for your letter dated 7th March 2007.

As I was advised to do in your letter, I have attempted to contact you by phone several times to discuss your offer, however I have been unsuccessful and have been unable to get an answer on the number you provided.

Therefore, I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, including overdraft interest, totalling £464.64.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

I require repayment in full of this money, totalling £464.64. 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.

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 20th February 2007.

 

For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

Yours faithfully,

 

Mr Chopski.

 

 

 

-----

 

Thanks again for all the advice.

 

Chops

[chopski]

That looks fine.

 

Thanks Sea side lady - I'll get sending it

 

Chop

[chopski]

Hi again,

 

Have spoke with the Halifax and they have offered me all the charges back but are not offering the overdraft interest so have sent an LBA for each account.

 

As the court costs are quite expensive, can I claim for both accounts under 1 claim? Or do i have to put in a separate claim for each bank account?

 

Many thanks

 

Chop

[chopski]

Also, is it better to do the N1 or the MCOL?

 

Cheers

 

Chop

[chopski]

Anyone?

 

cheers

[chopski]

Thanks Seasidelady,

 

Have decided to go with the MCOL and have submitted that today.

 

I have got the letter ready to go to the MCOL court in Northampton, but do I need to send in 3 copies of my schedule? I have read that you send in 3 copies (and 3 N1 copies) when filing at court but do I still need to send in 3 schedules when sending to MCOL court?

 

Many thanks - hopefully won't be that long now!!

 

Chops

[chopski]

bumpity bump!

[chopski]

Hi All,

 

Have sent 2 copies of the schedule to the MCOL in Northampton anyway so hopefully that should be ok.

 

 

I now have another concern/query that would really appreciate some advice on.

 

The account which has been submitted to MCOL has an agreed overdraft of £1250.00 - my actual balance at the moment is £-1338.31. I have received a number of phonecalls from the Halifax saying that I need to pay some money into the account to bring it into balance. This morning I have received a call saying that unless I pay in some money by the end of the month they will remove the overdraft and I will then have to pay the full amount straight away.

 

I have not got the funds at the moment to pay any money into the account - especially not the £136.00 that they want me to pay by the end of the month. I think I have read somewhere that once this is in the court process the account is 'in dispute' and therefore everything gets frozen until it is sorted out. Is there something like this that I can say to them to stop them from demanding money? Or am I going to have to find this money from somewhere so it doesn't damage my claim? (although I know that if they hadn't charged so much I wouldn't be in this situation in the first place!).

 

They have also said that to keep the account open I need to be paying regular money in each month (salary etc). Of course I now use my parachute account so that is where all money goes.

 

Please can anyone give me some advice about the situation as beginning to get a bit worried!

 

Many thanks

 

Chops

[chopski]

Any help greatly appreciated

 

thanks

[chopski]

Another update,

 

At the MCOl stage now, claim was served on the 1st may and they acknowledged straight away so now have to wait until the 28th May to see what the next stage brings (hopefully a nice lump sum!).

 

Still a bit concerning when I received the letter from the courts saying they were going to defend my claim in full :o

 

Will update when something else happens.

 

Chop

[chopski]

Hiya SS,

 

Thanks for your message re chatrooms, got some good advice there, shame its closed!

 

Anyway, am checking my account regularly as I was reading a thread where someones just turned up in there, in full! Might have been one of your threads actually, or you had posted in it anyway.

 

Hope all is going well with your current claims!

 

Good luck

 

Chop