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Drowningindebt v Halifax


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Hi all,

 

What a fantastic website this is- i wished I had found it a couple of years ago and it might have helped me more, however, I am one of the people out there who has a life revolved around debt!

 

Anyway, I just heard about being able to recover bank charges that your bank has charged against you.I was with the Halifax for about 8 or 9 years and over that time I have recieved possibly 100's of bank charges!:-|- yes,I'm a stupid person!!:sad:

 

Anway, I fell into more debt a few months ago and was unable to meet a few bank charges I had forgotten about! The bank charged me bank charges and I was unable to pay them, instead of contacting them, I let it go and they shut my account.

 

I'm I able to still try and reclaim bank charges they have given me over the last 6 years?

 

Do you think I should phone them and try and reopen my account?

 

 

Any help would be GRATEFULLY received as this sort of money could help me go a long way to getting back on my feet and out of debt!

 

PS.Is there any other sort of charges I can reclaim.ie.Gas,Electricit y,Council Tax arrears,mortgage arrears,etc- yes I have the works!

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Hi all,

 

What a fantastic website this is- i wished I had found it a couple of years ago and it might have helped me more, however, I am one of the people out there who has a life revolved around debt!

 

Anyway, I just heard about being able to recover bank charges that your bank has charged against you.I was with the Halifax for about 8 or 9 years and over that time I have recieved possibly 100's of bank charges!:-|- yes,I'm a stupid person!!:sad:

 

Anway, I fell into more debt a few months ago and was unable to meet a few bank charges I had forgotten about! The bank charged me bank charges and I was unable to pay them, instead of contacting them, I let it go and they shut my account.

 

I'm I able to still try and reclaim bank charges they have given me over the last 6 years?

 

Do you think I should phone them and try and reopen my account?

 

 

Any help would be GRATEFULLY received as this sort of money could help me go a long way to getting back on my feet and out of debt!

 

PS.Is there any other sort of charges I can reclaim.ie.Gas,Electricit y,Council Tax arrears,mortgage arrears,etc- yes I have the works!

 

 

Hi ok firstly you can reclaim the charges for your account and you do not need to open the account again.

 

Spend a few days reading the FAQS and step by step instructions, this will give you a sound understanding of how the procces works. Then start a thread in your bank forum and post any questions there.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Thanks, I will do that and if I'm successful I will give a small donation to the website-thanks.

 

 

Thank you. :D and when not if. ;)

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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I have had a look through the procedures and I have just printed off a data protection letter requesiong my statements from the last six years. I phoned up the Halifax to see if they would send me this, but because my account was closed they said I should write to

 

Halifax PLC

Customer Relations

PO BOX 548

Leeds

LS1-1WU

 

On the step by step guide, I checed the halifax and it said

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

Where do you think I should send the date protection letter to?

 

Many thans for all your help in advance.:D

  • Haha 1

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The best one to use is trinity road.

They will get there by either but once it gets to the court stage you need the trinity road as the other is a po box, so its just easier to get used to trinity.

 

If you need any help along the way just shout, there are plenty of people willing to help you along your way.

  • Haha 1

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Hi - good luck!!! You'll soon have back what they should never have taken from you in the first place!!! It's the people who can least afford the charges who get stung - as those with plenty of money don't get charged!!!!!

 

Have a read of my thread to see how I got on with the Halifax :D :D :D

 

This site is amazing and you'll receive all the help, support and advice you could ever need.

 

Get your highlighter ready !!!!

 

best wishes

 

jaxads x

  • Haha 2

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Many thanks for the words of encouragement and I have just read your thread- well done on getting money back. i really think I have at least 50 charges so I am hoping I will get a fair few pounds back too which would really help me get out of some of the debt I'm in. Fingers crossed and I will keep everyone up to date when I receive the statements.

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I never thought to put this before, but I'm from Scotland and this claim would be under Scottish law!

 

I have just started reading this thread

 

http://www.consumeractiongroup.co.uk/forum/scotland/41999-20-year-claim-limit.html

 

about claiming back for 20 years and in post 8 it says

 

For clarification:

 

20 year prescription applies only in relation to certain obligations. Regardless of how you quantify the obligation to repay bank charges (if there is indeed an obligation, which legally remains to be determined) it will not be one to which the 20 year period applies.

 

As to the question of when the party becomes "aware" that they have a claim, it is necessary for individuals to exercise reasonable diligence in protection of their rights. The banks have been pretty clear in their terms and conditions as to what charges will apply on default and so it is not possible to argue that the banks have in some way "concealed" the charges which they are to apply. The law in relation to unfair contract terms has been in place since 1999 and the law on penalty charges has been clear for decades. As a consumer you could easily have sought advice on the lawfulness of the bank charges by consulting a legal adviser or citizens' advice bureau. This is what is meant by using "reasonable diligence". If you have failed to do that, the courts will not entertain an argument that you did not know until other people started to claim or the OFT report came out. Individuals must look out for themselves.

 

Fact is, any claim you make in relation to bank charges in the Scottish courts, whatever its legal basis, can only be made from a date 5 years prior to the date you claim.

 

Hope that clears matters up.

 

Does this mean I should be looking to claim back 5 years worth of bank charges or 6 years?

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  • 1 month later...

Got my statements through today and I have a few questions-

 

When can I claim from?

I am going to be claiming for the six years (despite staying in Scotland), at what stage will they need to know I will be going through the courts in England if need be?

Will I highlight the charges I am claiming back and send them all my statements back or just the ones with the charges I am claiming?

Will I send the orgional statements and should I photocopy them?

Also on the statements it only states "Charges as notified" how do I know what it is for, or does this not matter?

 

 

Many thanks in advance.

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If you are claiming 6 years then your claim date is 6 years from the date you sent SAR.

 

When you have highlighted your statements and worked out how much they owe, then transfer the info onto your spreadsheet.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

You only need to put "charges as notified" you dont need to detail them.

 

I hope this helps, if you need anything else just shout.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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No, But send a copy of your spread sheet with both letters. Your prelim and lba.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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No problem.....:D

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 4 weeks later...

I sent the first letter(prelim) back about the 12th April and I have received the standard letter back saying "we are dealing with your complaint and it will take 8 weeks to solve,etc". I presume I send off the next letter after 14 days has expired?

 

Also, I never added on the SAR cost and postage costs- can I add these in the second letter?

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Yes you can, are u claiming contractual interest as well?

 

 

regards....

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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  • 2 months later...

I eventually got round to sending off both the prelim and LBA letters over the last few months and was getting round to taking it to the next stage when I got a letter last week that they didn't except responsibilty, but would pay me £1100 (looking to claim £2500), but if I cashed it, then I wouldn't take it further.

 

I haven't take it to the court stage yet, but I received a chque for £1100 today with a letter saying,

 

"Pleas find a cheque for £1100 in full and final settlement of our your complaint.

 

I trust that this is satisfactory, but please contact customer relations on the above number if you require any further assistance,"

 

 

I am really skint and I am about to cash the cheque- will I not be able to continue my case for the the other £1400 odd if I cash this?

 

Any help would be greatly appreciated.

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Hello D,

 

 

phone tham and ask for extra £1000- see what they say.. it probably feels hard, but you will get your full claim if you push a bit more.. They are all nice on the phone. tell them that you are ready to file a claim and will settle only if they pay no less than 75%...

 

They will settle...

 

 

regards,

 

 

 

itsme

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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