James Vs. Halifax ***WON***

[james_so]

I have just started getting the preliminary approach letter together but am confused as to what I need to include in the 'schedule of charges'.

 

I have downloaded the simple charges spreadsheet but is it really important for me to include information on how many 'days since offence'? And what exactly does that mean? Days between then and now or days between the charge being incurred and being paid? If it is the latter I would have no clue for most of my charges, if the former why

 

Also the 'In Respect of' column, all it says on the statements is 'Charges as notified' is this what I need to put in there?

 

Sorry to seem dumb, and if there is a FAQ I have missed about filling this in please link me

[Michael Browne]

'Days since' is the number of days between the day the charge was incurred and today.

 

See here for a visual guide:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

Save it (for use later at court), then delete/hide the last 2 columns (8% bits) and print out as your schedule of charges.

 

 

Also the 'In Respect of' column, all it says on the statements is 'Charges as notified' is this what I need to put in there?

Yes just put whatever is on your statement.

[james_so]

Many thanks , seems I had managed to delete all the formulae from the sheet all fixed now though.

 

 

I am making claims on 2 accounts, should I send 2 separate sets of letters or just 1 preliminary approach letter and 2 schedules, does it matter?

[Michael Browne]

You can combine them if they are both in your name, both personal a/c's and total less than £5000. Mention both a/c no's.

[james_so]

Thanks again Michael, the letter and schedules are all ready to be sent now

 

I am confused about where to send it to though, reading the other forum posts they generally say the 'Trinity road' address, but livelylads sticky post says 'PO Box 548' etc. Which address is right/best?

[Michael Browne]

Trinity Road is fine + if you send them recorded (not strictly necessary) they won't be signed for at a PO Box No.

[james_so]

I recieved a letter this morning which says that the 'Financial Services Authority' allows them (Halifax) 8 weeks to investigate & respond to complaints and that they will 'update' me in 4 weeks.

 

My preliminary letter was sent on the 4th so allowing for it having got to them on the 10th (after the easter bank holidays) and only counting working days, their 14 days are up on the 1st of May, at which point I will send them my LBA, is that correct?

 

Also the letter only references one of the two accounts which I am claiming charges back on, should I be concerned about this?

[Michael Browne]

It's 14 calendar days including bank holidays, so send the lba on the 18th.

Just make sure both a/c's are mentioned.

[james_so]

Thanks again for your patience and help Michael.

 

I am preparing my LBA to send on the 18th, in which it states,

 

I calculate that you have taken £XXXXX plus £XXXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.

 

Am I correct in thinking that the 'plus £XXXX' is the 8% APR as calculated with the spreadsheet? And if so do I need to include those columns in the schedules now?

[Michael Browne]

I calculate that you have taken £XXXXX plus £XXXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.

 

This is overdraft interest that relates solely to the penalty charges. It is not general overdraft interest nor s69 8% interest

 

If you are not claiming this remove the reference.

[james_so]

Just completed the MCOL stuff, Halifax has 28 days now is that right?

 

And where/how do I send the schedules with the MCOL claim?

[Michael Browne]

See halfway down post#1 Here:

Getting MCOL Right

[james_so]

Michael, you deserve a medal .

 

Do I need to put the claim number on the schedules or just attach them to a letter with the claim number on? (trying not to mess up so late in the process)

[Michael Browne]

Yes put the claim no. and James so v Halifax on both

[james_so]

OK, done and dusted, I can't thank you enough for your help Michael. I searched for an 'idiots guide' to filling in the MCOL forms and never found that one .

 

So many schedules though, WTH happens to them all? It seems that by the time the next ones are sent to the banks solicitors five sets will have been sent..

[james_so]

How long should it take for me to recieve the Notice of Acknowledgement? I got the Notice of Issue on 5th May but still haven't recieved a NoA, just a few letters from the bank saying thay will get back to me sometime in the future..

[jowalshy]

Hi James. If you count 14 days from the date of your claim being served, that is the date of which they have to acknowledge your claim. You then get the peperwork a few days after that.

[james_so]

OK, Notice of Acknowledgement arrived today I will send schedules ASAP to HBOS legal services.

 

Should I be concerned that the "I intend to defend all of this claim" box is ticked?

[sea-sidelady]

No, this is almost always ticked.

[james_so]

Phew thanks, I thought things were going to get more complicated for a moment

[james_so]

Had 2 letters this morning, Halifax have paid in full & the cash is already in the bank . No quibbling over how much either, just paid up in full (in fact I think they may have even given me a bit too much..)

 

Thanks to everyone who gave advice, especially Michael Browne who IMHO deserves a knighthood.

 

Can someone move this to the Successfull claims forum please.

[**Tilly**]

congratulations

[dolphin939]

Congratulations xx

[sea-sidelady]

CONGRATULATIONS...!!!!!

 

Thats fantastic. Well done. :D

 

Dont forget to do the survey.

[moneyhelp]

CONGRATULATIONS!