first step

[F.Smith]

we have only just become aware of this group and the fact that bank charges are unlawful. We have suffered at the hands of the halifax since we joined it in Nov 2002. having gone through all our statements since that date we have realised we have paid £5,600.00 in charges!!! We were gobsmacked that it added up to that much. There have been many many times when we have struggled to feed our family and get through the month until next pay day due to hugh bank charges. Of course, the knock on effect is that the following month you then have to try and pay those people whose direct debits didn't get made as well as being into the overdraft more due to the banks unfair charges.

 

Just want to check that as we have all the statements and have gone through them we can now send the preliminary letter asking for our money back. (we are counting all references to 'charges as notified' is this correct?

[colour-me-happy]

I can see no reason why you can't send the Prelim letter, although when you send the DPA it does question any manual intervention, which would be helpful *if* your case where to get to court, but it's not a major problem.

 

I hope I'm not teaching you to suck eggs but have you read the FAQ? Are you aware the limit for the small claims is £5000? If you file for over £5000 you could be on dodgy ground and end up in the fast track where you *could* be liable for costs should you lose. It is highly unlikely but something you should consider.

[F.Smith]

Thanks for the advice - hadn't thought about the fact that it has to be £5,000 or under for small claims court. I do intend to do a lot more reading up on the site before taking the first step though.

 

[colour-me-happy]

Although the maximum is £5000... that is per claim, you can claim in chunks eg; 2000 - 2003 then when that is settled claim 2003 - 2006, don't do both claims together as they could be combined and you would still end up on a different court track and liable for costs.

[tryitnow]

I just sent a letter to my bank: - (dont foget to cover you overheads)

 

Halifax plc (ADDRESS)

Customer Relations

P/O Box 548

Leeds

LS1 1WU.

Friday, 09 June 2006

Ref: (Roll Number)

Dear Sir/Madam

 

 

Over the past six years, my account has been charged £1297.00 for exceed my overdraft etc. It has come to my attention that this is unlawful at common law, and under statute and recent consumer regulations.

 

In the terms of the contract, which you agreed to at the time that I opened my account, it is implied that you will conduct yourselves in a manner, which complies with UK law.

 

I require full repayment of these charges, which has calculated at £1297.00, interest of £312.83 (8% APR), current postage charges £9.90 (x2 Special Delivery letters @ 4.95 each) and a £5.00 charge for Halifax having to produce a statement of charges. The total cost as at the 09/06/2006 is £1623.83. I also ask you to remove any default notices on my credit record that are related to these charges. A

correction or amendment to the entries is not acceptable.

 

If Halifax does not comply fully within 14 days, I shall begin a claim for the full amount, plus interest and costs, plus a claim under ss.7 and 13 of the Data Protection Act 1998 without further notice.

 

Furthermore, I shall submit to the OFT a complaint under the Consumer

Credit Act 1974 upon the basis that Halifax has failed to comply with their

direction of 5 April 2006 and are therefore should not be holding consumer credit license under the 1974 Act.

 

Yours faithfully

xxxxxxxxxxxxx