393 vs Halifax

[393]

Hello

 

After reading everyone's stories on here I set out on my quest for repayment.

 

I finally got all my bank statements back and for two accounts the charges taken by the Halifax totalled £1444 .

 

I sent out my preliminary approach for repayment letter on 8th of April, and then emailed it on the 18th after they claimed they didn't receive it .

 

I got a letter back from them yesterday offering me £263! Just phoned them to now to say I would only accept it as partial payment of the full amount, and they put the offer up to £780 :-| I told them the same again, but they said it was their final offer.

 

It feels quite scary turning that much down! I feel like I'm gambling. It is only just over half what I'm asking though.

 

Many thanks to this site and the people here for all their advice! And thanks and jam to Bob/Betty for pointing me in its direction

[*lorraine*]

It feels funny turning down money especially when that money would come in handy, but keep going, and keep us all updated, I think my friend is just a little ahead of you in her claim (just sent letter before action) but its sooooo great just to read the other posts to see how many have received all there money back!! All the best, if in doubt just read the posts, they brighten up my day

 

 

Lorraine

[393]

Yep, that's what's keeping me going at the moment

 

Does anyone know, should I turn down the offers in writing or just send the letter before action? It's just that I didn't get written confirmation of the second, does that make a difference? I'm thinking just send the letter...

[*lorraine*]

Just keep to your deadlines, I personally would write to them stating you accept the offer as partial payment and give them your deadline date, then send your LBA. But the best of luck and lets see you £1444 richer in a couple of weeks time

[393]

Thanks Lorraine! Hopefully we will

 

The thing is I said on the phone that I'd take the £263 as part payment - then they made the second offer (still on the phone). I said I'd take it as an interim payment but they said no - that's our final offer. They said they would put a note on the account to say I'd refused it. So should I just take that as that and send the letter before action or still decline the offers by writing even though I've done it on the phone?

 

I just don't want to waste any time

 

[Michael Browne]

I'd go straight ahead with the LBA. It was their final offer even though it was only verbal and as far as they're concerned you've turned it down.

 

If you write back to them about it you're just wasting time - just what the banks want.

[393]

Yeah that kind of confirms what I was thinking Michael, thanks

 

I'm going to send the letter before action off today. I've actually been charged again this morning, considering it's not got to court yet would it be ok to add it to the total and put something in the letter along the lines of:

 

since our last correspondance I have been subjected to another (illegal/unreasonable/unnaceptable??) charge and I am therefore adding this to the total, which now stands at £**** ??

 

Or is it too late now? I can't think why it should be really..

[Michael Browne]

Yes, add it on and keep adding them on right up until you file on moneyclaim.

 

And negociate any subsequent charges when they settle your claim.

[thewifeandI]

Yeah that kind of confirms what I was thinking Michael, thanks

 

I'm going to send the letter before action off today. I've actually been charged again this morning, considering it's not got to court yet would it be ok to add it to the total and put something in the letter along the lines of:

 

since our last correspondance I have been subjected to another (illegal/unreasonable/unnaceptable??) charge and I am therefore adding this to the total, which now stands at £**** ??

 

Or is it too late now? I can't think why it should be really..

Put the latest charge in (by the way it's 'unlawful').

[*lorraine*]

I have had several charges added to the account and just added them on to the latest letter I sent, will be filing with MCOL on 13th June, I have been doing this all on behalf of a friend, so she will have to come round and spend some several days and cups of coffee reading this all

[393]

Thanks folks

 

I sent of the letter before action, and they made me a couple of offers the last of which was around the £800 mark. I turned it down (it was hard!) So they've said that's their final offer so I'm about to file with money claim.

 

I've had a look at the guidance notes for filing with money claim and I'm wondering if anyone can help me with this: In the notes it says you should state that your action is on the grounds that -

you have a contract with the bank dated XXXX

- I don't think I have my original contract anymore so I'm not sure what it would be dated. Is this going to be a problem? Should I phone the Halifax and ask them? Would they tell me?

 

Thanks again for your help

[393]

Oh, just realised I'm repeating myself about the £800 Sorry!

[Michael Browne]

I don't think I have my original contract anymore so I'm not sure what it would be dated. Is this going to be a problem? Should I phone the Halifax and ask them? Would they tell me?

 

 

Yes, just phone and ask when the a/c was opened, otherwise put the approx. date.

[thewifeandI]

I put month and year, and if it was a while ago I would think that just the year might do.

[393]

Thanks!

 

Another quick question - I'm looking at the 'particulars of claim' form in the library and it says :

 

2. During the period in which the Account [has been] [was] 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.

One of my accounts has been operating since 1994, but we can only go back 6 years, so I should change it to say during the period since 2000, right?

 

Sorry, that's probably a really obvious question. I'm just a bit scared of doing it wrong!

[Michael Browne]

One of my accounts has been operating since 1994, but we can only go back 6 years, so I should change it to say during the period since 2000, right?

 

 

1994 is fine. You enter the date of the first charge in the 8% part of the POC, which will make it clear you're only claiming for 6 years.

[thewifeandI]

No need to change it. The schedule of charges makes it clear what dates the charges apply to.

[393]

1994 is fine. You enter the date of the first charge in the 8% part of the POC, which will make it clear you're only claiming for 6 years.

 

Well I'm clearly looking at the wrong thing! I can't see anything about an 8% part. Worrying. I'll go and have another look.

 

Do I have to give them a schedule of charges? There's no way it'll fit when you are only allowed 1080 characters on upto 24 lines.

[Michael Browne]

Example POC, which may need tweaking to fit, and no you can't fit schedule as well. You can send one with the allocation questionnaire

 

 

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount claimed x 0.00022).

[393]

Thanks Michael! That's great

[393]

Hiya, me again with another question

 

I'm in the process of filling out the statement of charges to send to the court, but on my statements the charges are just listed as 'Charges as Notified', so I can't say what they are in respect of. Does this matter? Should I just put charges as notified on the spreadsheet?

 

Thanks

[thewifeandI]

List them as they do - that's all you can do (unless you want to look at the individual amounts and work out what they are from the current charge structure).

[393]

Sorry, I know I'm probably just being stupid, but does the six year period go back to the begininng of 2000? Or can I just go back to August?

 

Thanks

[Michael Browne]

6 years from when you first contacted the bank. ie DPA letter. Some bank at settlement are trying to say that it's 6 years from the date of filing at court so that they don't have to pay charges at the back end. Don't let them get away with this.

[393]

6 years from when you first contacted the bank. ie Data Protection Act letter. Some bank at settlement are trying to say that it's 6 years from the date of filing at court so that they don't have to pay charges at the back end. Don't let them get away with this.

To be honest it would be better for me if it was date I filed for court, as I've just been charged another £120 this week, and would only lose £75 off the other end.... Is it ok to go with the court date? Or will that mess things up in some way?

 

Or am I getting confused... Can you still go up to the present? Or is it within a six year period?