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I have as a matter of course kept my last six years of statements. I have been setting up a business in the last four years and have an authorised overdraft of £2000. I have incurred many costs to the tune of nearly £1000 - what interest can be claimed. Do i include interest debited at the end of each month as well as all the charges in my prelim letter?

 

kind regards - brilliant website!

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Hi gary and welcome to the site.

 

There are 2 options to you here with regards interest.

 

The first is to wait until you fill in your court claim and then claim 8% (as under s 69.) If you send the bank a letter before you have given them time to pay up demanding 8% APR they will know that you do not know what you are doing and this will more than likely end up with you NOT getting your money back.

 

 

Or claim at the interest rate they charge you from your first letter.

 

I am now doing the latter with my credit card and storecards.

 

Hope this helps

 

Natalie

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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  • 4 weeks later...

Have sent preliminary leter to halifax claimimg charges and interest amount as in prelim template letter, got the standard response - offered me £37.50 out of total of £675 + £69 interest charges. Have now replied with lba as not response i required am i right to include the schedule of charges and the interset again. this is a little confusing as some threads state dont send interest amount unti court claim but the prelim letter and lba have the said amounts as £XXX's. Assuming that because they have made me an offer they know they are in the wrong. They also state that there will be no more refunds. Have I cocked things up by sending the template letters with interest calculated? Have sent LBA today.

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You can't legally claim the 8% interest until you get to the stage of issuing county court proceedings but don't worry too much about it.

 

Make sure you do give them enough time though ie 14 days prelim and 14 days lba.

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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Have sent preliminary leter to halifax claimimg charges and interest amount as in prelim template letter, got the standard response - offered me £37.50 out of total of £675 + £69 interest charges. Have now replied with lba as not response i required am i right to include the schedule of charges and the interset again. this is a little confusing as some threads state dont send interest amount unti court claim but the prelim letter and lba have the said amounts as £XXX's. Assuming that because they have made me an offer they know they are in the wrong. They also state that there will be no more refunds. Have I cocked things up by sending the template letters with interest calculated? Have sent LBA today.

 

What interest have you asked for the 8% you add on when you submit the court claim? or interest that they have charged you for having failed direct debits or whatever? If its the 8% then that is only added when you take out the court summons.I suggest you read the FAQs and spend a few days reading some of the threads before going much further otherwise you are going to get yourself in a pickle

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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I have read threads until they come out of my ar*e, the interest i have mentioned is 8% of overdrawn charges i.e £25 8% over XXX number of days since the charge - is this correct? The prelim letter has blanks to fill these in and encourages you to send a schedule, reiterated in the LBA template.My prelim letters and LBA focus on the charge refund issue mainly as the templates state. I sent LBA today as I got a reply from prelim today stating that the offer of £37.50 was final and no further refunds would be offered. If we do not here from you in the next 8 weeks we will close the file, blah.....

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You shouldn't have asked for any interest yet unless its what they charged you on your statement when you were overdrawn! any clearer?:)

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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You have threads coming out of your arse? I'd get to the doctors mate, I had a dog with that problem once....

 

Forget the 8% interest for the time being... that was my fault for mis reading the question... You can claim the interest that has been charged to you as a result of these charges from the outset. If you sent the LBA today it doesn't really matter anyway... wait the 14 days then start your county court claim (at which point you can add the 8% interest to the total amount). Have you used the excel spreadsheet to work out your figures... this should include the formula to make this calculation for you.

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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pm you are so funny!!! lol:D

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Funny haha or funny I'm going to headbutt you?

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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'I calculate that you have taken £675 plus £69.67 which you have charged me in overdraft interest for the sum which you have taken. Total £744.67.

I am enclosing a copy of the schedule of the charges, which I am claiming. I have already sent you a copy of this in my original letter of the 23rd June 2006'

 

 

Yes have used the excel spreadsheet to work the figures for charges and interest which i have included in the LBA. I have stuck to the LBA wording rigidly so this focuses on reclaiming the charges plus interest if they continue with negative action. Hope i'm right the letter has gon recorded delivery now!!

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It'll be reet fella... they know the score by now.

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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  • 2 weeks later...
Can anyone help me with my court claim for my Halifax Credit Card based in Dunfermline Fife KY99 4BS. I live in England and have got to the stage where they have ignored my LBA deadline - do i file in uk or scotland?

 

If you live in England, you file in England. BTW, the UK also includes Scotland.:D

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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Ive gathered so much, dont know why i put that on the end. I cant use moneyclaim can i, the defendant being in scotland. Am i right in saying i have to use small claims procedure?

 

You havent given us much to go on have you, how much are you claiming?

 

We used the Trinity Road Adress for our credit card claim

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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I am claiming £770 back from Halifax Credit Card corresponding to Fife in Scotland. Have been through prelim, LBA etc and their time was up on Friday (after offering various low amounts). Although letter header is for Pitreavie, Dunfermline, Fife (where statements came from) it also shows Halifax head office address in Halifax at the bottom, do I file a claim through moneyclaim or small courts. Ive heard moneyclaim addresses have to be in England or Wales for both claimant & defendant, or do I file against Halifax address and let them pick up the pieces? Any help appreciated.

 

gary. :confused: :confused: :confused: :confused: :confused:

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4 Halifax threads merged

 

Your question has already been answered in another thread (now merged).

..

.

 

Opinions given herein are made informally by myself 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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You have a choice. Moneyclaim is considered more convenient by some, but doing it in person can allow you more details on the Particulars of claim, and also allows you to include a copy of the spreadsheet of charges with the claim, something you can't do with the online version.

 

Both cost the same.

..

.

 

Opinions given herein are made informally by myself 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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