Rob v Halifax ***SETTLED IN FULL***

[libertie]

I would reply to the address on the letter you just received. Mine was the same i sent my initial letter to trinity road, but my reply came from a Customer Relations in Leeds.

However I got a standard letter to say they were dealing with my complaint, followed a few days later by a further letter with an offer in it, I then replied with my Letter Before action. Give them the 14 days then LBA them, looking at your posts it appears that if you posted on 16th june i would go from monday 19th which means they still have till monday 3rd july to reply.

But am sure moderators will put me right. I just wanted to make sure i followed the timescales advised.

Hope this helps

[jonni2bad]

Correct-a-mundo

 

Wait for 14days as per the letter and then submit the LBA. Go with the new address in Leeds.

[ROB_5]

Quick question...

 

When i add the 8% on the total comes to £5100. Would this still be done as small claim for £120 ?

 

The actual claim is £4800 plus interest.

 

Thanks

[thewifeandI]

The s69 interest is not included in the small claims limit, so you're OK.

[ROB_5]

thanks jeep

 

rob

[jonni2bad]

Whilst 'track' is not affected by the interest, the court costs are. So a claim such as this would still qualify for small claims track, but would actually cost £250 to issue.

[ROB_5]

LBA posted last week.

 

Reply i got today is same reply as the one i got after pre lim letter.

 

" "When you opened your account you agreed to be bound by our banks acount conditions. These give us the power to impose charges on customers accounts. Customers are told about these charges in line with both our account conditions and the Banking Code.

I appreciate that you are unhappy with the amount of the individual charges that have been applied to your account. However, there is no dispute over our right to make charges, or the circumstances in which we impose them.

I an therefore unable to consider your request to refund the charges on your account."

 

Is this the standard reply?

 

I take it i should ignore this letter and in 7 days time issue the court claim?

 

Thanks

[thewifeandI]

Yes - standard reply, so just stick to your timetable.

[ScotsJamie]

If that is their final answer on the matter, and it looks like it is (for now:D ) then there is nothing to stop you filing the court claim or moneyclaim now! The sooner you file, the sooner you'll get your money! you can keep the last letter they sent as proof that they were unwilling to negotiate.

[ROB_5]

ok thanks.

 

think i'll wait the 14 days though, just in case

[jonni2bad]

That's correct. You should be able to satisfy the Court that you have allowed ample time (28 days) to settle without their intervention.

[ROB_5]

hi

 

Been away for a week so im a bit behind schedule. Got an offer today for £765 which im refusing.

 

Is this letter ok to send?

 

[kingchris]

Hi.

 

I personally would not bother giving them an extra 7 days.

 

Its very unlikely from mine and other cases on here they will even bother to respond in this time let alone settle.

 

You set the timetable in your LBA and they choose not to refund so ignore them and get on with the claim.

[ROB_5]

Actually the extra 7 days is for my benefit. My claim went over the £5000 so its gonna cost me £250 on moneyclaim. No money this week.

 

 

Also, are there any examples of the wording used on moneyclaim, seen a few on here but the wording varys.

 

 

Thanks

[dan-rides-bikes]

how is there only £27 worth of interest on a £5k claim ?

[ROB_5]

how is there only £27 worth of interest on a £5k claim ?

 

The £5k was amassed over the last 2 years, added all the interest, comes to £27.

[ScotsJamie]

I think you should recalculate using the spreadsheet (think 8% per annum from the date of each charge) you will find it is WAY more than £27.

[ROB_5]

Sorry my mistake. The £27 is interest on the charges and not the 8% interest. The 8% is another £300.

 

Ive amended the original letter.

 

Thanks guys.

 

Rob

[jonni2bad]

Now you've confused me!!

 

The £27 is for interest on the charges? What do you mean, exactly?

Are you referring to overdraft interest, that was caused solely by the charges?

[ROB_5]

Now you've confused me!!

 

The £27 is for interest on the charges? What do you mean, exactly?

Are you referring to overdraft interest, that was caused solely by the charges?

 

Erm think so...

 

The £27 is interest on penalties.

The £267 is 8% on penalties.

 

Another question....

 

Im gonna be away for 2 weeks in 2 weeks time. If i wait a week to submit moneyclaim and then they say they'll defend (which seems to be the norm), i should be back by day 21 of the claim. This sound ok? I will have internet accesss when im away.

 

Rob

[ROB_5]

Sorry, another quick question.

 

When submitting final claim including all the interest charges, what charges do i add on from the spreadsheet?

 

Ive got : 8% on penalties £267 / interest on penalties £26 / 8% interest on penalties £1.90

 

Do i add them all onto final claim?

 

Ta

[ROB_5]

YES to question 1.

 

and

 

YES to question 2. - though I would write it as

 

PENALTIES CHARGED xxxx.xx

INTEREST ON PENALTIES CHARGED #26.00

 

then

 

8% INTEREST - 268.90

 

 

 

do you think ?

 

 

Thanks.

[ROB_5]

Think im all sorted now on my claim and interest.

 

Moneyclaim question....

 

Have read on the forum somewhere about the wording that should be used in the "Particulars of claim" section, but now i cant find it.

 

Can someone point me in the right direction please.

 

Thanks

[mechs]

unlawful penallty charges

[bluemozzer]

a schedule of the charges must also show the interest and the calculations for each charge .So the answer is no.You can send the prelim while you are working out the schedule but then you must include it with your LBA .

 

ie :

 

02.09 2002 £20 Over Draft excess fee + interest at 8% at XX P x 1307 days =£XX

You do this for each charge but do not claim the interest until you issue a claim into court

 

 

I am sorry to hijack this thread but the only way this post would make any sense would be to use the quote in relation to this thread...

I have been reading this thread with interest but this quoted post confused me. On one hand it seems that mjanet is saying to send a schedule of charges with including the 8% interest with the LBA and then the last line says not to claim interest until you issue claim.

i thought i had this process clear in my head after reading the FAQ's and many posts but i think i have now gone wibble..