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srpmatt v Halifax


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hiya all,

 

been a member of this forum for ages now, and been carefully keeping an eye on things and decided to bite the bullet and reclaim my charges

 

story so far

 

25 January 2007 - SAR posted

9 March 2007 - Statements received

14 March 2007 - Prelim sent

21 March 2007 - standard letter received, saying it will take 8 weeks to investigate

 

i am now at the stage of posting my LBA, but here is the confusing part, in my prelim i only put i was going to reclaim £1,577 in charges alone

 

but after reading this thread (i will add link later when i work it out)

 

BankFodder - Why is no one claiming the contractual rate of interest???

 

i have eventually managed to get my head round it, but is it too late to add this to my LBA, as i did not do it in the prelim

 

also, after reading Progenic's thread i would also like to add the following at on the LBA

 

Costs:

Time taken in internet and book research, letter writing, spreadsheet and legal preparation ECT @ £9.25 per hour x 34 hours to date = £ 314.50pp

Postage costs to date £ 8

Stationary costs to date £ 15

SAR Fee £ 10

 

(not sure what the likley hood of them paying them out, but what the heck, might as well give it a go)

 

or am i too late, and just stick to what i requested in the Prelim letter??

 

any replys much appreciated?

25 January 2007 - SAR Request (received)

14 March 2007 - Prelim letter (posted)

21 March 2007 - Standard response 8 weeks e.t.c received

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You can add to your claim right up until you MCOL, so go ahead and claim the cont int. Just state in your LBA that you are now claiming charges + int and enclose your spreadsheet with the letter, and that if you do not receive a satisfacotory response you will file a claim against them which would then incur the stautory int @ 8%. As for the costs I have no idea but wish I had thought of that before I accepted their offer.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

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You can add to your claim right up until you MCOL, so go ahead and claim the cont int. Just state in your LBA that you are now claiming charges + int and enclose your spreadsheet with the letter, and that if you do not receive a satisfacotory response you will file a claim against them which would then incur the stautory int @ 8%. As for the costs I have no idea but wish I had thought of that before I accepted their offer.

 

from what i can gather from bankfodders thread about contractual interest you cant claim both, so in my case if it went as far as court theni i couldnt cliam the 8%

 

Sorry about not responding but I've been away.

 

 

Can you claim the contractual rate plus s.69 interest?

No

25 January 2007 - SAR Request (received)

14 March 2007 - Prelim letter (posted)

21 March 2007 - Standard response 8 weeks e.t.c received

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Just work out both and choose which option you want to go for. In my claim against HSBC I never metioned anything about interest in my prelim but then claimed the 8% int at MCOL.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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can someone look over this please and see if i am correct with the contractual interest, i think its right, but not 100%

 

DATE PENALTY APPLIED DETAIL OF PENALTY PENALTY CHARGED 29.84% ON PENALTIES

 

TOTALS: 1,577.00 974.40

 

1/31/2002 CHARGES AS NOTIFIIED £28.00 43.15

9/30/2002 CHARGES AS NOTIFIIED £28.00 37.61

11/30/2002 CHARGES AS NOTIFIIED £30.00 38.80

6/30/2003 CHARGES AS NOTIFIIED £30.00 33.60

7/31/2003 CHARGES AS NOTIFIIED £30.00 32.84

8/14/2003 CHARGES AS NOTIFIIED £30.00 32.50

8/30/2003 CHARGES AS NOTIFIIED £30.00 32.10

9/15/2003 CHARGES AS NOTIFIIED £30.00 31.71

9/17/2003 CHARGES AS NOTIFIIED £30.00 31.66

9/30/2003 CHARGES AS NOTIFIIED £58.00 60.60

10/14/2003 CHARGES AS NOTIFIIED £30.00 31.00

10/31/2003 CHARGES AS NOTIFIIED £30.00 30.58

10/31/2003 CHARGES AS NOTIFIIED £28.00 28.55

12/4/2003 CHARGES AS NOTIFIIED £28.00 27.77

12/31/2003 CHARGES AS NOTIFIIED £28.00 27.15

1/12/2004 CHARGES AS NOTIFIIED £30.00 28.79

1/21/2004 CHARGES AS NOTIFIIED £30.00 28.57

2/28/2004 CHARGES AS NOTIFIIED £28.00 25.80

4/21/2004 CHARGES AS NOTIFIIED £30.00 26.34

6/21/2004 CHARGES AS NOTIFIIED £30.00 24.84

5/13/2005 CHARGES AS NOTIFIIED £35.00 19.66

7/18/2005 CHARGES AS NOTIFIIED £39.00 19.80

9/19/2005 CHARGES AS NOTIFIIED £39.00 17.79

10/17/2005 CHARGES AS NOTIFIIED £39.00 16.90

10/31/2005 CHARGES AS NOTIFIIED £78.00 32.90

11/7/2005 CHARGES AS NOTIFIIED £39.00 16.23

11/10/2005 CHARGES AS NOTIFIIED £39.00 16.13

11/28/2005 CHARGES AS NOTIFIIED £39.00 15.56

11/30/2005 CHARGES AS NOTIFIIED £28.00 11.13

12/31/2005 CHARGES AS NOTIFIIED £28.00 10.42

1/10/2006 CHARGES AS NOTIFIIED £39.00 14.19

1/31/2006 CHARGES AS NOTIFIIED £28.00 9.71

2/28/2006 CHARGES AS NOTIFIIED £28.00 9.06

3/10/2006 CHARGES AS NOTIFIIED £39.00 12.31

3/28/2006 CHARGES AS NOTIFIIED £39.00 11.73

4/10/2006 CHARGES AS NOTIFIIED £39.00 11.32

4/27/2006 CHARGES AS NOTIFIIED £39.00 10.78

5/30/2006 CHARGES AS NOTIFIIED £39.00 9.72

6/12/2006 CHARGES AS NOTIFIIED £39.00 9.31

6/19/2006 CHARGES AS NOTIFIIED £39.00 9.09

6/30/2006 CHARGES AS NOTIFIIED £28.00 6.27

7/10/2006 CHARGES AS NOTIFIIED £39.00 8.42

7/31/2006 CHARGES AS NOTIFIIED £28.00 5.56

8/10/2006 CHARGES AS NOTIFIIED £39.00 7.43

8/31/2006 CHARGES AS NOTIFIIED £28.00 4.85

9/30/2006 CHARGES AS NOTIFIIED £28.00 4.17

 

sorry it looks messy, last coloum is the cont interest at 29.84%

 

totals = charges £1,577.00

cont interest = £974.40

25 January 2007 - SAR Request (received)

14 March 2007 - Prelim letter (posted)

21 March 2007 - Standard response 8 weeks e.t.c received

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anybody know if the above looks right? i would like to post LBA tommorrow, sorry it a bit short notice, but thought i would change to contractual interest

25 January 2007 - SAR Request (received)

14 March 2007 - Prelim letter (posted)

21 March 2007 - Standard response 8 weeks e.t.c received

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just put your figure in my s/s and as of todays date at works out to be £1577 charges and £966.18 of interest. I used vampiress's s/s.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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just put your figure in my s/s and as of todays date at works out to be £1577 charges and £966.18 of interest. I used vampiress's s/s.

 

thanks a lot for that, i get as of todays date £975.69

 

not sure where the extra £9.51 has come from, i used the spreadsheet from the library, but it looks close enough for me to be able to continue

 

will get LBA in post tommorrow, and keep you all updated

 

thanks again jowalshy for your speedy reply, much appreciated :D

25 January 2007 - SAR Request (received)

14 March 2007 - Prelim letter (posted)

21 March 2007 - Standard response 8 weeks e.t.c received

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The s/s should recalculate the interest amount on a daily basis. Every day this amount will go up. Make sure you have plenty of copies of the one you are sending in LBA so you can refer back to it as and when needed.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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just an update, got LBA sorted, and will post this afternoon, lol, they gonna wish they payed up after my first letter, amount has gone from £1577 to £2917.68

 

I calculate that, as at today’s date, you have taken a total of £ 1,577

in excessive penalty fees plus £7.88p in interest on these charges. In addition, I also claim Contractual Interest (compounded) under the principle of mutuality and reciprocity in our contract, as a contract terms are binding on both parties. The unauthorised rate of borrowing is 29.8% therefore this rate is added to the above amounts (from date of penalty fee) and the breakdown is shown in the enclosed schedule. I calculate the Contractual Interest element (to 6th April 2007) at £ 985.30p

 

 

I am also seeking to cover my actual costs incurred in terms of time, postage fees, SAR fee and stationary fee’s ect, as clearly this is only fair.

 

 

 

 

To clarify my position about these charges I advance the following:

 

TOTAL Penalty fee + interest = £ 2570.18p

 

Costs:

Time taken in internet and book research, letter writing, spreadsheet and legal preparation ECT @ £9.25 per hour x 34 hours to date = £ 314.50pp

Postage costs to date £ 8

Stationary costs to date £ 15

SAR Fee £ 10

 

TOTAL AMOUNT REQUESTED IN SETTLEMENT: 2917.68pTO TODAYS DATE ACCRUING INTEREST @ £1.29p PER DAY

25 January 2007 - SAR Request (received)

14 March 2007 - Prelim letter (posted)

21 March 2007 - Standard response 8 weeks e.t.c received

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grrr, bank holidays, delayed me posting LBA in post today :D

 

just hoping i got the contractual interest right if not i'm sure they will correct me lol

25 January 2007 - SAR Request (received)

14 March 2007 - Prelim letter (posted)

21 March 2007 - Standard response 8 weeks e.t.c received

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LBA send yesterday, recorded delivery, 10 april 07

just a note to myself really, let the count down begin :D

 

i presume i am doing things right, due to the lack of replys i have had, not complaining if i am doing it right, but dont want someone coming back saying i have done something wrong when it gets to the court stage, fingers crossed eh :D

25 January 2007 - SAR Request (received)

14 March 2007 - Prelim letter (posted)

21 March 2007 - Standard response 8 weeks e.t.c received

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:( monday mornings, they never good

 

received letter from halifax dated 9 April 07

 

Further to our letter of 21st March 07. I'm sorry that you have not yet had a full response to your concerns.

 

We're still investigating your complaint, and you will receive a response from us as soon as possible, but certainly no later than 14th May 07.

 

Our complaints leaflet, which we sent to you previously, explains how we will handle your complaint.

 

Your concerns will be dealt with as quickly as possible, but to help us deal more efficiently with your enquiry, please quote ********* when writing or telephoning the number at the top of this letter.

 

Yours Sincerley

 

Shveta Pathania

Customer Relations Officer

Custormer Relations

 

Tel No:- 08547 25 35 19

 

pffftt they got another thing coming if they think i waiting till 14th May 07

will be filing MCOL on 25th April, might give them a chance and ring them on 24th, see if they would like to do things the easy way, or the hard way muhahahaha

25 January 2007 - SAR Request (received)

14 March 2007 - Prelim letter (posted)

21 March 2007 - Standard response 8 weeks e.t.c received

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is there anybody out there? have i messed up, or is the contractual intrestest scaring people away? or have i done ok so far? or am i on my own with this one?

25 January 2007 - SAR Request (received)

14 March 2007 - Prelim letter (posted)

21 March 2007 - Standard response 8 weeks e.t.c received

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:( i got 3 days before i do mcol, and i still not convinced my calculations look right, and not getting any replys from halifax or here, maybe i biteing more than i can chew with the contractual intrest

25 January 2007 - SAR Request (received)

14 March 2007 - Prelim letter (posted)

21 March 2007 - Standard response 8 weeks e.t.c received

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why dont you pop into the chat room as there is normaly a couple of mods in there, they can have a look for you.

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  • 1 month later...

update time

 

Received letter offering me £788.50

 

phoned today and said that was not good enough and got the usual speel saying i must accept some responsibility and how much would i settle for, so i told her the £788.50 was no where near the amount i requested of £2921.57

at that point she nearly had a heart attack and asked where i got that amount from, so i informed her it was the original £1577 plus contratual interest, plus other costs

she then increased the offer to 3/4 of the original amount of £1577 which = £1182, at that i was speechless lol, so she said do i want to go away and think about it which i replied yes

 

now i am not sure what to do

do i stick to my guns and go for the whole lot, or when i phone should i ask for the £1577 plus 8% intrest, (i know i shouldnt be claiming it at this stage)

 

or go for £1577 plus the costs that i originally told them in my lba ie

 

Costs:

Time taken in internet and book research, letter writing, spreadsheet and legal preparation ECT @ £9.25 per hour x 34 hours to date = £ 314.50pp

Postage costs to date £ 8

Stationary costs to date £ 15

S.A.R - (Subject Access Request) Fee £ 10

 

total £1924.5

 

i think holding out for the contratual intrest sounds better, also what happens if they offer full amount for charges ie £1577 can i still decline this saying i want contractual intrest or will this damage my chances in court ??

 

N1 should of been done couple of weeks ago, but been busy and trying to find some one with an english address has given me problems and adding to the delay :(

25 January 2007 - SAR Request (received)

14 March 2007 - Prelim letter (posted)

21 March 2007 - Standard response 8 weeks e.t.c received

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mmm, lol, they are tryiers arent they, just found they have paid in the 788.50 into my account which on the phone i had told them it was not good enough, should i just phone them again and tell them that i have already done mcol or n1, (even tho i havent as yet, wont be till 15 this month) or do i tell them i accept it as part payment or tell them to take the money back and wait for battle at court????? somebody please respond, i seem to be lacking replys nowadays

25 January 2007 - SAR Request (received)

14 March 2007 - Prelim letter (posted)

21 March 2007 - Standard response 8 weeks e.t.c received

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You need to send a rejection letter. Either letter 5 or 6 will be ok, you may need to tweak slightly.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

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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thanks sea-sidelady for the quick reply :D

 

just got off phone to halifax, wish i spoke to the same women that i spoke to last time she was so much more helpfull

 

anyways, asked them why they put the 788.50 into my account when i had phoned last week to say it was not good enough, she basically said it is ok, and tough you got it go spend it kind of attitude lol no problems there then hehe

 

she basically said it would not affect my court claim and they will sort out the balance if i am intitled to more through the court or there legal department depending on who makes the discision first, she said not to bother sending a letter

 

would i be best sending a letter to be on the safe side anyways infact i think i will keeps me right then

 

on that note, i dont suppose there is anyone out there preferably in the carlisle area who is willing to let me use there address so i can do mcol, more handy if i do have to appear in court, but willing to travel further afield if any one else offers an address

reason i ask this is because i live in scotland which u can only claim upto 750 in the small claims court, address would only be required to have the court post the papers and then you post them to me, any help would be gratefully appreciated

25 January 2007 - SAR Request (received)

14 March 2007 - Prelim letter (posted)

21 March 2007 - Standard response 8 weeks e.t.c received

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