5pods v halifax

[5pods]

Hi all !

 

My very first post so here goes:

 

reading some of the forums on the halifax I found that some cags simply wrote and asked for a refund and even guessed the amount,and got it !!!! to be quite honest I dont want to be without my account (although I do have another) if they decide to close mine. so, question is, would a simple 'please refund my all charges to my account' letter be more siutable approach ?

[hedgehog0045]

I just stuck by the timescales and letters in the templates thread and it worked out fine

[sea-sidelady]

Hiya 5pods,

 

The tried and tested way on here works. The chances of hiliprats closing your account is very minimal, unless you put in multiple claims on the 1 account.

 

Some people do recieve the money before the court stage, but is is just pot luck.

 

I dont think a please give me my money back will work.

 

They respond to the letters from the letter template.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

And why guess the amount when you could claim a lot more than what you thought??

 

People on here will help you all the way,

[5pods]

thanks guys , I will do it the sensible way , I presume from reading the faq's that I should send request to halifax hq rather than my local branch ?

[sea-sidelady]

Yes, the trinity road addres

[hardcore_alleigh]

go the trusted way that we are all following, u wil receive all the support u require!! good luck!

[5pods]

well the request for charges is winding its way north as we speak (or is that write). :D bring it on!!

[5pods]

well, letter recieved from hbos 21.03.07 stating my docs should be with me by 10.04.07, no show, decided to send a chase up email, I will of course file the correct non complience letter if I hear nothing.

[5pods]

hurrah, an email in the right direction and hey-presto !!

 

I have gone through all 300 pages and found 775.00.

Really need that template link working as Im in the zone !!!!

[5pods]

Total charges ( no interest calculations) came to 725.00.

I have about 160.00 in 'interest debited - notified last month' but I feel this is very complicated to claim back as you only recieve a very small portion of this amount (I think !!!)

So i decided to go with the simple excel sheet, is it ok to put "charges as notified" on all the reason for charges cells ?

[5pods]

oops, had a moment of madness after reading a couple of threads that claimed they got a great response from emailing premlim. I guess I'll give it 14 days and then send by post if I hear nothing.

[5pods]

no reply from emails at all !!! those of you that said 'stick to the rules' are right (feel free to use the told me so line !!!).

sent lba1 23.05, recieved standard letter saying go away, posted lba2 yesterday.

[buffyoo7]

good luck with your claim i know nothing really only what has happend to me and by reading everyone elses but there are people here who can and will help you all the way let us know how it goes

Buffy x

[5pods]

Thanks Buffy, I've read your great thread, really pleased for you ! well done.

Guys, am just getting my court knowledge up together as 14 days are up on the 26th, will any court do and what are the fee's, I'm not being lazy but couldn't find the info in any thread.

 

5pods

[moneyhelp]

Here's court fees http://www.consumeractiongroup.co.uk/forum/helpful-external-links/2147-court-fees-do-you.html

 

 

And find you local County Court here http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

Good luck!

[5pods]

Thanks moneyhelp, 14 days up today so have been preparing to file n1 or mcol. really cant decide which, you can read threads too much sometimes !!!!!!!! I would have been really nervous at this point but all you winning guys have done it and it has given me great confidence. thankyou My question is: if I choose the N1 route, does it have to be a county court, or will any court do ?

[**Tilly**]

hi ya you file n1 at your loacal county court:)

[**Tilly**]

thankyou;)

[5pods]

N1 it is !!! Please could someone check that I have got the general wording right, note that I did not claim for interest debited charges.

 

Value:

Charges £720.00

Interest under s.69 County Courts Act 1984 £163.20

S.A.R(subject access request) Fee £10.00

TOTAL £ 893.20

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.19 per day OR at such rate and for such periods as the court deems just.

 

Particulars:

1. The Claimant has an account ******** ("the Account") with the Defendant which was opened on or around 10th July 1995.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £720.00 and any interest charged thereon;

b) Court costs;

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 28th January 2001 to 27th June 2007 of £163.20 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 19pence.

I believe that the contents of these particulars of claim are true.

 

amount claimed 893.20

court costs 80

total claim 973.20.

[**Tilly**]

looks good to me:)

[5pods]

thanks again Tilly 49, your obviously a good teacher !!!!

[**Tilly**]

you made me blush ha ha

only what ive learnt along the way with the huge amount of help from ssl and money and still picking it up:)

[sea-sidelady]

Yes its fine, so make sure you do 3 copies and take them in.

[5pods]

Thanks ssl, I will be delivering them in person tomorrow.

For anyone reading this thread and you are worried about filing out the court papers, DONT BE, the examples all over this forum are fantastic and its nowhere near as daunting as I thought it would be !!!

[**Tilly**]

good luck 5pods and keep us posted of you progress:)