BackStreet V Halifax

[BackStreet]

Just in the process of submitting my Moneyclaim Online, and am a bit stumped.

 

In the template kindly supplied for completion of the form online.. there is a line that reads:

 

Interest per S.69 County Courts Act 1984 of 8% - £_ _ _ and a space for the total interest claimed..presumably from the start of the charges claimed back.

 

But under the template is a big notice not to put a figure in here?

 

Confused now, do i put the figure as per the template, or do i leave it out to be presumably calculated later by the court?

 

Could really do with a quick answer on this please, as my claim is on hold until i know what to put..

 

Thanks a lot

 

Keith

[superowls]

Keep to your timetable - 14 days is enough time for a big company with employing the amount of staff they do!

[sea-sidelady]

Any charges you get just keep adding to the spread sheets.

[BackStreet]

Thanks for the advice. I need it!

 

Is it ok to amend the amount claimed to include other charges they have made, both after i claimed, and from before that date, as I did not include the extra interest payments they deducted from my account, so if its ok to amend the amount now, I will also include those too. That would add several hundred pounds to my claim..

I was under the impression that i could not claim the extra interest payments only the actual charges made?

If thats not true, thank God I found this site before it was too late to count!

I think I should go through the Spreadsheet, and make sure the amount i am claiming is correct.

Any advice you can give regarding this, would be most welcome as it is not something i feel confident in doing..

Thank you.

[Aaronsdad]

I do get confused here myself but here goes!!

 

You can claim back the interest that they have charged you on charges.

 

ie If you had a £30 overdraft and was charged £30 you are then £60 OD, OK?

Then they charge you £4 interest. Obviously £2 is justified but the other £2 is because of their charges. That's what you claim back. It's a matter of sitting down and working it all out.

 

Good news though you can amend the amount of your claim until you go to court (you can actually amend it after filing in court but it would not be cost efficient usually). Use the spreadsheet and take your time. If you need more just shout.

 

A D

[BackStreet]

Thanks for the reply..

will be doing the spreadsheet tonight, so will see if my sums were correct!!

Can you or someone tell me how to work out what part of the extra interest they have charged me for (the extra interest charged as notifed last month bit)..

No idea how to spilt the amount they have changed. I think i read somewhere here just to add the whole amount on? or maybe i got that wrong..

Anyway I will let you know how i get on with it!

Thanks again..

[BackStreet]

Well..

Completed the spreadsheet as advised, with the interest column deleted from the totals, and including the whole interest charges they have made it comes out to £2825.55.So that is what i will be amending my claim to .. thats up from £2330 and includes new charges since Jan this year.

If folk think that I can send a revised claim in to the Halifax now, and claim all the interest charges notified, i will send this when the initial 14 days are up, and giving them the next 14 days to settle or i will summons them. I believe thats the advice here anyway. That makes it the 25th as i sent the last letter to them on the 11th, and although they have sent the usual 8 weeks letter to me, i think i should still wait until the 25th and continue on the path.

Thanks for the help so far, and if you think I am wrong in anything, PLease let me know..and wish me luck..

Cheers

KE

[BackStreet]

Well its time for the LBA to be sent. Following on from advice seen on here on various threads, i have allowed two days extra posting time, and the letter goes out tomorrow, with the revised claim attached

 

hope they are in a generous giving kinda mood for the next couple of weeks ...

 

Wish me luck folks..

[sea-sidelady]

You will be fine, As long as you follow the advice on here, you wont go far wrong...!

[BackStreet]

Hi,

Could do with a bit of advice please...

 

I am sending the LBA to the Halifax later this afternoon or tomorrow, for a claim from 1 Jan 2005 to date.

 

I still want to obtain and get back any fees that we had to pay before this date.

 

Assuming that the Halifax settle my claim, can i then ask them for the details of charges from before the 1st Jan 2005 and go through the same process again to get those back, or would it be better to wait and do it all at once?

 

I don't really want to wait again for statements etc. cos they could take another few months to come..

 

Lastly, if the Halifax settle, do they make you sign a disclaimer? to say that the settlement is in full and final payment of all claims? i.e. stopping me getting the previous fees back..

 

Thanks for any help you can give with this..

[BackStreet]

Hi..

LBA sent off yesterday via special delivery, to make sure it gets there!

 

Will let you know what happens from here.

 

Does anyone know the answer to what i was asking just above please?

Thanks

KE

[sea-sidelady]

If you get a letter to accept the amont, it does say full and finaly settlement, Dont send that one back. We have one here.

 

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

[sea-sidelady]

Also if you sent your SAR you should have all your statements.

[BackStreet]

Thanks for that sea-sidelady, its a great help..

As for the statements, I thought that I had asked for all the statements back, but we got a bit confused and my wife told me that she thought we only opened this account a couple of years ago. But we should still have had all the statements from the start, and we didnt get them it seems. In the meantime I got a bit impatient and started the claim from Jan 2005 to now, and will get the older statements later on!! if that makes any sense!!

 

So now will wait till this one is done and then start on the next one..

 

Thanks again, very helpful.

[BackStreet]

Just received the March statement from the Halifax and they have charged us another £240 in charges last month!!We were just over the limit, and now are £250 over it!!

Can i just add them to the claim, and send them a revised claim now?

Also if i do that does the original 14 days from the LBA to my filing court action stay the same, as i send that off about 8 days ago, or does it need to be extended at all?

Sorry to have ever more questions, and thanks for the help.

[sea-sidelady]

You can keep adding to your spreadsheet until you file, it makes no difference to your time line.

 

But once you have filed at court then it will cost you £35 which is non returnable. You would need the N244 application form.

 

So just add the £240 before you file.

[BackStreet]

Thats great, thank you for that..

 

One other thing though.. what happens if they actually decide to settle before court?.. do i insist on the extra amount being added, and has that worked for anyone else before me, as it must have happened before?

[BackStreet]

Hi,

Tomorrow is Court filing day.. 14 days plus 2 for postage etc.

Is it a good idea to ring the Customer services person who sent me the 8 weeks letter before i do that to give them a chance to settle?

Or is it better to just go ahead and file at court without further contact?.

At least that way it gets 8% added eh?!!

Any advice would be welcome.

 

Thanks

[chris2239]

well, reading other peoples threads, some people have done this and been setled there and then. I would ring them. It can't hurt.

[BackStreet]

Thanks Chris for the advice. Thought it was worth a try also.

 

That was a total waste of time...

 

kept on hold for nearly 30 minutes, only to be told that they definately had 8 weeks to reply, and there was a large backlog of claims, and they were taking them in strict order. they would possibly make an offer, but i would have to wait my turn as it would be unfair to others to deal with my claim before those that had waited the 8 weeks.

Explained to the lady, that i had waited 16 days(allowed 2 for bank holiday), and had sent them a letter to say 14 days before i submit it to the court and that was time up today, and was basically told, go ahead, as there was nothing that she could do.

So looks like i will send it to the court tonight..

wish me luck...

[chris2239]

well. They can't say you didn't try to help them, the poor dears. .Good luck with your court claim

[BackStreet]

Put the claim in online tonight, and got the schedule of charges ready to send to Nottingham tomorrow, and a copy of the latest schedule for our mates at the Hally...

[BackStreet]

Well thats one weeks gone and no response to my court action yet..

am i correct in thinking that if they don't reply in 14 days then I can file for judgement against them?

[sea-sidelady]

Yes, but have a read of this first...

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

[BackStreet]

Thanks for that.. its appreciated..

 

Still a long way to go then it seems?

 

What sort of percentage of cases actually end up being defended by the banks in court?

 

and conversly ..what sort of % of cases do the banks pay out on before judgement can be obtained?