Itsme Vs Halifax 2 accounts

[itsmeandonlyme]

Hello guys,

i have been following the strandard procedure in claiming unlawfull charges and fees and after SAR, Prelim and LBA ,i finaly received a first letter from halifax offering me a full refund of fees and charges including interest.

Now, i still do not know what to do as i included contractual interest in my claim.

As per claim :

Unlawful charges clearly identifiable:

Solo account:£238.68

Visa Current account: £255.62

Contractual at 29.8% APR:

Solo account £248.96

Visa Current account £211.00

SAR £10

Stationary fees £3.36

TOTAL Penalty fee + interest = £ 967.62

The offer from Halifax is only for £238.68+ £255.62

i am going to read through all successeful Halifax claims to get an idea how many cases included contractual had been won... I also understand that there is always a risk that judge can throw my claim and i could get nothing.....

Can senior memebers of CAG please give some advise? It would be highly appreciated

Kind regards,

Maria

[JonCris]

itsme if you take the trouble to read some of the other Halifax threads you will see that like all the other threads that have claimed contractual have been paid in full.

[itsmeandonlyme]

Thank you JonCris, i am going to phone tham tomorrow and see what they offer:)))

[hellhasnofury]

Thank you JonCris, i am going to phone tham tomorrow and see what they offer:)))

 

Hello itsme, I think you go for it, but its your call, you will get at least the 8% at the court stage.

 

Stand firm on it if you call them tomorrow, but then write to them after the comversation.

 

Keep my fingers etc etc crossed for you:D

 

But if you get no joy, you then know what you have to do:D

[monkey_uk]

Where is the 29.8% rate come from?

[itsmeandonlyme]

Where is the 29.8% rate come from?

 

The rate came from Halifax customer services assistant that told me speccificly how much is the unathorised ovedraft rate on my account.

 

 

I did phone today and spoke to 2 different assistants, that kindly told me that the max they could give me is £550( offer was for £495)...

Second very pleasant assistant said that they just do not pay any interest before the court claim....and kindly advised me to file the claim and than they will pay the interest...

 

Now, here is me sitting and thinking do i want more money and risk that judge will throw my claim with contractual interest or just accept what they owe me?)))))

 

it's a bit hard to find a successeful thread with contractual...will keep looking...

 

If anyone has any ideas...please let me know:))

 

 

 

Kind regards...

[jowalshy]

Hi itsme. I don't know of any Halifax people getting CI, but if you go to the "search" button which is underneath the forum detail. Click on it and type "contractual Interest" it should pull up some threads of people that have claimed it.

[itsmeandonlyme]

Hi itsme. I don't know of any Halifax people getting CI, but if you go to the "search" button which is underneath the forum detail. Click on it and type "contractual Interest" it should pull up some threads of people that have claimed it.

 

 

Thank you...will try it...it's not easy to make a decision, but i do not want to be greedy and loose.............

[monkey_uk]

Well I'm going for it with my claims against Halifax (early days still), but it's upto you.

 

Also, FWIW, the only unauth'd o/d rate I can find on their site is 28.8% AER. Might be worth checking out, please please advise me if I'm wrong (so that I can charge them even more!)

[itsmeandonlyme]

i would check with them tomorrow, could have done a mistake there:)))where are u with you claim?

[monkey_uk]

Just drawing up the prelim as we speak for my Visa card (to post tomorrow). going to draw up the prelim for my 2 bank accounts tomorrow evening.

[Guest bong]

you've asked for my advice itsme but I can't really advise you what to do because it's your claim and you have to feel comfortable with what you are taking on.

 

I've noticed that they haven't offered to refund your SAR fee so they haven't made a full offer regardless of the CI claim. If you're going to make a court claim you must include CI though, as to drop that element now and only claim statutory interest would mean that you are moving the goal posts which could lead to problems in my opinion.

 

all the best:)

[monkey_uk]

If you're going to make a court claim you must include CI though, as to drop that element now and only claim statutory interest would mean that you are moving the goal posts which could lead to problems in my opinion.

 

all the best:)

 

I agree, if you drop the CI, then the bank may argue that they have offered to settle in full and you declined their offer.

[itsmeandonlyme]

Thank you Bong, for getting back to me:)))

I am going to send them a letter similar to your one and reject the offer.

 

and file N1....I am not going to drop CI (Thank you for the advise)

 

kind regrads

[itsmeandonlyme]

rejection sent...still thinking should had accepted or not......drives me mad...is it normal? or it's only me?)))))))))))))

[itsmeandonlyme]

oh..well...no reply from them...Now, just a simple question: do i need to file 2 claims for 2 accounts...or can i do in one?

 

 

thank you

[sea-sidelady]

You can combine claims aslong as they are not business claims or exceed £5000, or credit cards.

 

So from reading your thread, you should be fine to combine.

[monkey_uk]

Well, you're about 2 weeks ahead of me, keep me posted!

 

I'm lodging mine as 2 claims - one for credit card charges and 1 for charges on 2 bank accounts. Although thinking about it, I might just do it as one claim. Undecided yet.

[itsmeandonlyme]

Well, you're about 2 weeks ahead of me, keep me posted!

 

I'm lodging mine as 2 claims - one for credit card charges and 1 for charges on 2 bank accounts. Although thinking about it, I might just do it as one claim. Undecided yet.

 

hello monkey:)

I have 2 accounts and one credit card...with Halifax...Preparing LBA for the credit card...

With CC i added 8% straight away and advised tham if they wont settle before court i would ask for a contractual interest if i win...

 

 

kind regards,

 

 

Maria

[monkey_uk]

With CC i added 8% straight away and advised tham if they wont settle before court i would ask for a contractual interest if i win...

 

 

whoah, hold on there!

 

Could you explain this statement to me further pls?

[itsmeandonlyme]

whoah, hold on there!

 

Could you explain this statement to me further pls?

 

 

I found it on the Dave's thread and thought it's a great idea...As per his letter:

 

I have decided to add interest at 8% to compensate me for lack of the use of those funds during the period that you had wrongly taken them. I realise that you will say that your charges are fair and within the OFT guidelines.

 

The OFT have said that they won’t investigate charges BELOW this level, not that the charges were lawful and right; but if you say they are I WILL ask you to prove this in open court!

 

If I do have to take this to court I may choose to add contractual interest in the spirit of what’s good enough for you is good enough for me! This will obviously affect the total claim significantly.

 

 

I had changed it to suit my claim....but decided to post the original..as the idea it's not mine:))))))

 

 

What do u think?

 

 

regards,

 

Maria

[monkey_uk]

A bit risky IMHO.

 

Strictly speaking, I'd not advise changing what you're wanting part way through a claim.

 

I guess if you're been aksing for 8% in your prelim and LBA then you'd have nothing much to lose by adding contractual to your claim. Though if it was me, I'd do the same throughout (i.e claim no interest in prelim/LBA, then ask for 8% when filing at court, OR 8% in Prelim, LBA, and at court, OR contractual in prelim, LBA and either contractual or 8% at court).

 

 

 

It's your call.

[itsmeandonlyme]

I did give it a good thought...

I am talking about Credit Card claim....

The current account i had started with contractual from Prelim...

So ..not changing anything...

Contractual interest is risky as well....will see what they come up with....

 

I do agree with you...it's not usual to do so...thats why i asked for it in the CC Prelim....

 

 

regards,

 

 

Maria

[itsmeandonlyme]

Good new or not so good??

 

on the 29th of April got £725 refunded...to the account...not sure what should i do...need a good think...it's more than £550 offered earlier, but less than the amount i am claiming.....

 

x

[itsmeandonlyme]

Just an update, I had received a letter from halifax credit. They are not prepared to refund me anything at all. I will send a CCA request.

 

Question is: did anybody claim through court fees for time spent on the preparation, postage etc. I am claiming contractual as well.

 

 

 

Thank you.

 

 

 

Kind reagrds,

 

 

 

Itsme