Ford vs Halifax ***SETTLED IN FULL***

[pford]

Data Protection Act sent last night. was shocked on how much in charges they had taken in the last year from the statments that i have got access to. Now just got to wait to till last 6 years worth of statments turn up.

[pford]

Quick update bank statements finally arrived today took them long enough all 128 pages of them. Had a look through them and they have taken £1022 in charges over the last 6 years. Now time to send the preliminary approach letter.

[mechs]

good luck

[pford]

Got a letter of the halifax offering £182 as full and final settlement. does this reply look allright.

 

 

Thank you for your letter dated 20 July 2006 offering a goodwill gesture payment of £182 I will accept this offer only as part payment and not as full and final settlement. I look forward to hearing from you within the next 5 days with regards to refunding all charges levied from my account these amount to £1022.

I am also enclosing a copy of the schedule of charges which I am claiming, a copy of which was sent in my original letter of 11 July 2006.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

[thewifeandI]

That looks OK, just don't extend the original timetable. Send out the LBA 14 days after the prelim as originally promised.

[lynchpin]

Hi all.

this is my first post so if in the wrong place i apologies. not very pc if you know what i mean.

sent my dpa 1st of july received 6 years worth of statements saturday 15th july in 27 envelopes.

nice to see halifax using shareholders money carefully.

used the spreadsheet and this sites advice to total charges up =over 6k +£140 pound in interest . sending the second letter from templates requesting the Halifax return the total of the two amounts to myself and my family. i'm still in shock as to how much it has come to.!!!!

any body got advice on this subject please let me know what you think

kindest Regards to you all .

lynchpin..

[thewifeandI]

Hi and welcome!

 

Take your time and have a good read of the FAQs and the templates letters, followed by a browse through many of the threads in the forum for your bank (see links in my sig, below). When you are ready to start, post your own thread in the Halifax forum and report your progress in that thread as well as asking your questions (there won't be too many if you've read the FAQs properly) and you will get the best out of this site and all the accumulated experience here!

[pford]

time was up on the 26th July letter before action sent same day.

started my claim against Halifax credit card as well S**** have defaulted that one. sent for all my statements for the last 6 years plus a letter I got National Debtline website lets see if they can find my original credit agreement.

[pford]

Quick update no response to my request for a copy of the credit agrement sent that on the 11 july. so what do i do next. lol they even credit the £1 fee to my visa

 

Dear Sir/Madam

 

Re:− Account/Reference Number ********************

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of am credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

FOUND THE INFO FOR THIS ESLEWHERE THANKS TO DOLLY

[pford]

Got Visa statements today, sent recorded delivery any one else had this?

Incomplete as well just finishing the letter up now saying that they not complied with the DPA.

[pford]

Had 2 offers of reypayment from them now first was for £182 which i accepted as only part payment. Got another one of then today they upped their offer to £546 (6 months worth of charges) they reckon. As their time is now up is this reply allwright to send. As court claim going in early next week.

 

 

Thank you for your letter dated 10 August 2006 offering a goodwill gesture payment of £546 I will accept this offer only as part payment and not as full and final settlement.

I am very disappointed that you have failed to respond positively to me letter of the 26 July 2006 LETTER BEFORE ACTION. As this deadline as now passed you have left me with no alternative but to begin a claim against you for the full amount off £1022 plus interest plus my costs and without further notice.

[mechs]

Thank you for your letter dated 10 August 2006 offering a goodwill gesture payment of £546 I will accept this offer only as part payment and not as full and final settlement.

I am very disappointed that you have failed to respond positively to my letter of the 26 July 2006 LETTER BEFORE ACTION. As this deadline as now passed you have left me with no alternative but to begin a claim against you for the full amount off £1022 plus interest plus my costs and without further notice.

 

That is fine I have just edited (in red) one small spelling mistake for you

[pford]

thanks mechs

[pford]

Help just trying to fill the n1 claim form in now not sure what to put in the VALUE bit here, and for the particulars of claim is this allright.

 

 

1. The Claimant has an account *********** with the Defendant which was opened on or around 1990

 

2. During the period in which the Account has been 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. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) The return of the amounts debited in respect of charges in the sum of £1022 and any interest charged thereon;

 

b) Court costs; £120

c) Data Protection Act 1998 subject access request fee £10

 

d) Postal Costs: 5 letters at £0.32 each £1.60

 

e) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 29th April 2000 to 16th August 2006 of £145.56, and interest at the same rate up to the date of judgment or earlier payment, at a daily rate of £0.22

[pford]

update claim filled today it didn't half feel good handing over the claim papers

[pford]

I WON

Letter sent on the 30th saying they are paying up just checked bank account and it been paid in.

[honey28]

Very well Done matey!! Got mine today too!

[jonni2bad]

CONGRATULATIONS

 

Don't forget our SURVEY

[pford]

Update on this just had a letter of the Halifax

 

 

Dear Sir/Madam

 

Following a recent assessment of your overall relationship with the Halifax, a decision has been taken to withdraw your Current Account overdraft facility. this will occur within 2 weeks from the date of this letter.

 

Subject to outstanding transactions this may result in your account falling into an unauthorised debit balance. if this happens, you will liable for unauthorised overdraft charges, and any debit balance will be charged interest at the unauthorised rate. In accordance with condition 18.1 of your terms and conditions, you are then required to ensure your account does not go over the arranged overdraft limit.

 

It is in your interest to contact us to discuss this on 0870 850 1298

 

Yours faithfully

 

 

Senior Collections Manager

[meltoadhall]

oh dear, just out of interest did they pay up the full 8% interest? i'm having a bit of a battle to get it (see thread)

congrats on winning tho.

[pford]

yes they paid the full 8% up think this has something to do with my visa card as well