EssJayDee vs Halifax ***SETTLED IN FULL***

[essjaydee]

Also forgot to say that i have opened another account with Lloyds. Did it all over the phone within about 10 mins, just gotta pop down to the branch once i receive the letter through from them. All very painless!

[essjaydee]

Ok had an initial add up of the amount and its in the region of £800. quite a bit more than i had expected!

 

Just one question... i do add on the interest that they've charged me each month dont i?? The interest i'm charged for going into/over my overdraught?

 

Thanks!

[jonni2bad]

The only part of that interest you can claim for is the proportion that was caused entirely by the unlawful charges imposed.

 

This can be very tricky depending upon how your statements are recorded, my Halifax ones do not separate these figures so I didn't bother chasing it.

 

There's a much bigger interest calculation if it reaches court though...!

[essjaydee]

Ok i see, so without the interest it goes down to £530.

 

So from what you have said each months interest charge will be partly a standard charge for having the over draught and then some extra from going over the over draught limit?

[jonni2bad]

Maybe not over the limit, although it may be.

 

Basically, if a charge has been imposed, and this takes you into overdraft, then the ineterst charged for being overdrawn would be entirely due to the unlawful charge.

 

Typically though it would also be made up of lawful interest simply because you had gone overdrawn. It can be quite tricky and is usually only worth a small amount.

 

IF your claim goes to court, you claim 8% on each charge imposed, from the date incurred - this is much more fun!!

[essjaydee]

Ok yeah i think i get it now

 

Soz to be a bit dumb there, thanks for the advice!

[essjaydee]

Ok sorry to be annoying but i am really confused again now, just got the spreadsheet to total up all the charges and there are also columns for 'interest date... interest charged.... interest on penalites', and it appears that the totals calculated are a percentage of the original interest charged by the bank. (ie 2.19 interest = 0.30 interest on penalties)

 

I am confused as to whether i now add this to my charge total, or as previously advised i dont add anything to do with the interest ive been charged!?

 

Sorry 2 be a pain!

[jonni2bad]

This might not be a perfect description, but the spreadsheet (by Vamps) attempts to show the amount of interest that would not have been made if you had never received charges, by working out your account balance to reflect this.

 

It then might produce an amount of interest that it considers to have been levied unlawfully.

 

You are best reading the guide notes in the file, and the thread linked at the beginning.

 

It is you best bet for working things out quickly... The (overdraft) interest is reclaimable from the start, the 8% interest on each charge id different and not made until court.

[spackie]

wow that is amazing

 

they do not know when to stop do they!

any one got any contact details for the halifax

i really want to speak to someone to let them know there is only 10 days left of th 40 to send me a list.

[jonni2bad]

Hi spackie - please start your own thread.

[essjaydee]

Ok, have now been issued a letter saying i will get a default notice if i dont pay the outstanding amounts blah blah blah... thing is even if i do pay that back they still keep charging me more anyway!

 

Have managed to agree to pay back £10 a month for the next 2 months which is pretty good.

 

Also sent off the telephone harassment letter to them, thanks very much for that, sent a copy to trinity road, and one to my branch manager - who i still havent had a response from since i sent him a letter over a week ago.

 

One final question before i send my LBA off to them. Ok so the charges amount is £597.00.... and i have worked out the interest amount to be £79.04, i know this is just going to be an approximation because of the spreadsheet, but should i add this on as well, as it shows i have attempted to work out the interest amount.

 

Thanks for any help, and sorry for the continued questions!

 

EDIT: ok after all that i was directed to another thread which said the only real way to work the interest out is to speak to the bank and ask what interest they were applying to the overdraught, then to work this out against the extras they charged on top of that etc, which is going to be complicated and time consuming, so i guess its best to leave it!

[essjaydee]

ok, update on how things are going.... received a letter back on the 9th june, saying how they didnt agree that the default fees were unlawful etc etc, and that they were reducing the cost of credit card charges (why they told me i dont know, seeing as my claim is nothing to do with a credit card).

 

they offered me the huge sum of £25 as a payment...

 

will be doing the lba today and posting asap.

[essjaydee]

Ok the 14days has come and gone after sending the LBA off, just need a small amount of help on the money claim website....

 

Firstly is this correct for the particulars of claim...

 

"I am claiming the return of money taken by

the defendant in the way of charges over

the last 3 years plus the interest they

have levied on those charges. The bank's

charges are a disproportionate penalty and

therefore unenforceable as they are

contrary to common law. Further, as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 and sch.2

(1)(e). In the event that the charges are

not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15.

I have repeatedly asked the bank to justify

their charges but they have declined to do

so.

I will also be claiming 8% interest on the

charges which is pursuant to s.69 of the

County Courts Act 1984. The charges are

£597.00, which with interest of 8% added

equals £653.70."

 

Also it says 'Does or will your claim include any issues under the Human Rights Act 1998?'... i assume this is no?!

 

Thanks for any help you can give!

[thewifeandI]

Hi essjaydee - guidance notes for the moneyclaim form - you tick No for the Human Rights question. Not long now...!

[essjaydee]

thanks for the reply.... had already used those guidance notes, just wanted to double check all was ok!

 

thanks!

[barracad]

I will also be claiming 8% interest on the

charges which is pursuant to s.69 of the

County Courts Act 1984. The charges are

£597.00, which with interest of 8% added

equals £653.70.

 

This part is wrong. If you tick the box on moneyclaim saying you wish to claim interest it gives you the wording to be used - it is important you use this exact wording.

 

Human rights = no

[essjaydee]

ok, the piece of text they give me has confused me a bit....

 

'The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}'.

 

Not sure what i need to fill in for the bits in brackets? i assume first is the date i am claiming from (in my case it is 3 years ago) up until the present date i guess?? then the amount - is this the total including the 8%?? lastly what is the daily rate of interest??

 

thanks!

[barracad]

Dates - date of fist charge and date of submitting claim.

 

Amount - amount of interest only.

 

For the daily rate of interest you need to take you total claim amount, excluding court costs and interest, and multiply it by 0.00022

[joanneclaire]

ok, the piece of text they give me has confused me a bit....

 

'The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}'.

 

Not sure what i need to fill in for the bits in brackets? i assume first is the date i am claiming from (in my case it is 3 years ago) up until the present date i guess?? then the amount - is this the total including the 8%?? lastly what is the daily rate of interest??

 

thanks!

 

I am just filling in my moneyclaim form and became stuck on this bit also. I was assuming that that the amount shown in this bit was the 'interest only' portion as this paragraph relates to the interest added bit??

 

the daily interest also?? using this calculation on my amount to claim of £831.00 (minus interest/court costs) works out a 0.18, does this mean I can claim 18p per day interest until the claim is settled??

 

sorry to seem a bit 'thick' but dont want to get the claim form incorrect.

 

thanks for your help

Joanne

[joanneclaire]

Dates - date of fist charge and date of submitting claim.

 

Amount - amount of interest only.

 

For the daily rate of interest you need to take you total claim amount, excluding court costs and interest, and multiply it by 0.00022

 

thanks, think we must have got our posts crossed - as I was trying to get my head round it!

[essjaydee]

yeah thanks for the assistance there, you have been a big help!

[essjaydee]

Well thats the money claim part done.... fingers crossed i did it all correctly!

 

will keep you posted!

 

thanks again everyone who has helped!

[jonni2bad]

Best of luck

[essjaydee]

Claim has been issued now, something has confused me slightly.... on the pdf form on the money claim website that shows all the information i had to enter in, it gives the court address as Northampton, is this likely to be correct seeing as i live nowhere near that whatsoever!?!

[barracad]

Moneyclaim is based in Northampton.

 

If it reaches a court hearing it will be transferred to your local court.