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Daughter vs Halifax ***WON***


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I have been helping my daughter sort out her accounts and I persuaded her to get her bank charges of the Halifax.After sending off her SAR she finally received her statement of charges yesterday

The total was £7063 !! before I send off her Prelim letter, can someone update me on the latest info.

Should she go for the full amount plus interest or do it in two lots

£5000 and then £2063. Can it be done this way to avoid court costs

or are the Halifax paying out regardless of the total amount.

 

I am having difficulty trying to get the spreadsheet, is there a problem

with the site?

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After you have sent your prelim letter and LBA - if they haven't settled - I would file a claim with the financial ombudsman as you are above the £5K limit for small claims. The reason I say this is because in Scotland (where I'm from) the courts are beginning to reject numerous small claims on the same account. I don't know if this has started to happen in England/Wales yet but by going through the financial ombudsman you are bypassing the courts and so won't have to worry about paying any court costs.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks Rory32

 

Having read more threads especially sea-sidelady

I have decided to go for the full amount it would seem splitting is now out of date. I also found a link for the spreadsheet thanks to Mindzai for that

Hopefully get the spreadsheet and the prelim letter done and ready for the post Monday/Tuesday

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Im glad my thread has helped you. I was advised at the time to go for the full amount, and i had no problems. (apart from backlog at the court!!)

 

So you shouldnt have any problems.

If you need any thing, just shout. ;)

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Thanks for replying sea-sidelady

I have no doubt I will be looking for support and advice, more so when

I get scared that I may have done something wrong and allowed them to win !!

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I have subscribed to your thread so i can see how you are getting on.

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Thanks for that,

 

I have just looked at the letter from the halifax.

It is a long list of dates starting in 2001 then a figure

eg 2001-02-01 28.00DR I take it that the DR are charges

The reason I query it is that some are for 180.00,150.00, 120.00

also lots of 30.00s ect.

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No need,

What they have done is just clumped a load together, this has happened to a lot of people, including me.

 

Just copy onto your spread sheet exactly what it says on your statement.

"charges as notified" as that is all they use......date then amount.

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I have just done my spreadsheet and Its a good job I wasnt drinking anything at the time otherwise I would have spat it out over the PC !!

 

Using the spreadsheet from mindzia I have selected contractual interest

and after inputting all the data what was a figure of £6,895.00

has become £13,286.53 !!! I have done something wrong, havent I ??

That amount is scary

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That amount of interest can't be right. Having read loads of threads

I am as most are, when it comes to the spreadsheets, slightly confused

mainly the interest bit Bear in mind this is mindzia's spreadsheet

do I use contractual interest or just add up the charges and only add

the 8% ( That everyone refers to) if I have to apply for court

 

Im sorry if it appears I'm numb

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I have decided to go for the £6895.00p and only add the interest (8%)

if I have to do a letter before court

Unless anyone advises different I will presume it's the correct procedure

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Thanks tigga 1961

 

Believe you me I have trawled through loads of threads

and the library, I think the spreadsheets being off line didnt help

I thought I knew what to do but when you go through the process

You soo want to get it right and not be the first one to fail

All it needs is someone to say-- yep thats right and then your off

 

The folks on this site are really very supportive I dont know where

or how some of them find the time.

 

Thanks again

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Something has just occured to me, while I was finishing the

spreadsheet I read a few threads about interest --again I know--

and the majority mention rates charged for being overdrawn,

The only way you would know that is if you have received your statements, my daughter didnt, all she got was a list of charges

for the last six years ie 2001-02-01 £28.00 DR ect

 

Now, her total charges came to £6895.00p.

I wonder if the reason she only got a list of charges was to prevent her

or discourage her from claiming interest on such a large amount.

 

or is it all a coincidence, anyone any thoughts.

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Just so you know, posted prem letter and spreadsheets off today

So the process starts, wish me luck, my daughter is leaving me to sort it out, good old dad eh, I suspect I will have more grey hairs after this

even if it isnt in my name.

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Even though you have now sent the prelim, you should still send the non compliance letter, as they havnt sent you the full statements you requested. This is a failure of the DPA.

 

And if there are any more charges then you can just add them on.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

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Thanks for that,

We received a letter from the Halifax on Saturday, only FIVE days after sending our prelim and spreadsheets, yet to see it, but the response

is they have looked at our case and the charges are correct and we have no claim, yet to see the exact wording but the speed of the reply and

the contents appear to be different than normal

Are they trying to scare us off? has anyone else had this type of reply?

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yes it seems to be a new standard letter, just another delaying tactic. Carry on as normal, and file your lba when the 14 days are up.

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Hope so, and will do.

I suppose everyone gets a bit twitchy when they receive

the terms and conditions, commercially sensative ect letter

Well even though the charges are over £5000 we are still going for it

nervously !!

Will my daughter need to add her husbands name to any paperwork, it is a joint mortgage?

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As long as she can sign on her own normally then just her name is fine.

And yes a lot of people get twitchy, but any worries you have just post and someone will help you.

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  • 2 weeks later...

Here is a list of court fees...

 

County Court Fees

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

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