Ellijames V Halifax!

[ellijames]

Hi Guys!

 

What a fantastic site this is!, I have been a lurker for a while, but feel i need to join in the force against these blumming charges!

 

Well a quick overview of our situation!

 

Husband and i have separate accounts, Both sent off for statements and recieved within a few weeks.

 

I have been through all the statements and Dh has been charged over 2.5k in 6years and myself have been charged just under 2k in 4 years.

 

Well i sent the letter asking for them to be refunded for my hubby's act on 17th May 06 and recived a letter 6th June 06 ( 666!) offering a measley £361.67p

 

I have not sent the letter for my accont yet, but am going to sort that out this week!

 

Just a few q's as am now scared stiff of the prospect of taking this further...!

 

The bank has asked us to sign to accept this offer, but as much as we need the money, this offer is totally not acceptable. What do i do now? Can i go ahead and take them to court?

 

Thanks for any advice!

 

EJ xx

[jonni2bad]

Hi Elli and welcome aboard

 

Presuming that you sent the PRELIM letter first, then all you need to do is await the expiry of the 14 days and then send an LBA, giving a further 14 days.

 

If you wish, you can include your own text in this letter stating that you will only accept the offer made as a part payment and will be claiming the rest, in court if necessary.

 

If you had already reached the LBA and the time limit has expired, just proceed with court action - which is exactly what the LBA threatens to do.

 

You will be fine - you have the law on your side and the experience of many users who have done exactly the same - and got their money back!

 

Get your first letter off soon too!

 

Have you an account elsewhere in case they throw their toys out of the pram?

[ellijames]

Sorry for delay in replying, been ill!

 

But back to carry the fight on!

 

Basically sent a letter asking for charges to be refunded, they have refused to refund charges but as a goodwill gesture they will offer £361!

 

My question is the LBA letter states they have not responded, but with an unnaccptable offer! so how do i carry on?!

 

 

Thanks

 

Clare xxxxxxxxxxxxx

[ellijames]

:o Help!!!!!!!!!!

 

I have sent a LBA ! Thy have made a good will gesture offer, but we wont accept this!!

 

Do i go straight to the courts now?!

 

Thanks

 

Clare x

[pmhread]

Think the answer lies within the question really.... LBA = Letter Before Action = last stop, end of the line.

 

You can of course write again with another letter before action giving them even longer to ponder over it but can you see that achieving anything? Nope me neither....

[ellijames]

Thanks!!!

 

I'm just worried that i'm doing soemething wrong (despite this place being my new best friend!)!

 

Just one more thing....!!

 

Shoudl i write to the bank accepting the offer but not as full and final settlement and inform of court proceedings?!

 

 

Thanks

 

Clare x

[pmhread]

That really is up to you. If you write to them accepting as an interim payment, the chances are they will withdraw their offer anyway.

 

I didn't do it that way because I didn't want to overcomplicate things for myself but I had already submitted my county court claim before they made me an offer.

 

As long as you have followed the step by step instructions then you'll be fine.

[ellijames]

Just to double check.................This is the letter i sent to bank

Dear Sirs

Penalty & unfair charges – request for refund for [YOUR NAME, SORT CODE, and ACCOUNT NUMBER]

[iNSERT DETAILS of how charges were applied i.e. how much was charged, and how much over agreed overdraft or credit limit and how long did you exceed limit for etc.,].

0n 5 April 2006 the Office of Fair Trading (OFT) announced that default charges which are set at more than £12 will be presumed to be unfair and unenforceable in terms of the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). Charges above this sum will be subject to legal action by the OFT (press release 68/06 - online here: http://www.oft.gov.uk/News/Press+releases/2006/68-06.htm).

I would respectfully submit that if your organisation does not agree to immediately refund all unfair charges applied to my account, it will not meet the ‘fit and proper person’ test to hold a consumer credit licence under the Consumer Credit Act 1974. In that eventuality, I will submit a 1974 Act complaint to the OFT.

On a separate note, I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

Your charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (2nd report, 25 January 2005, paragraph 50 - online here: http://www.parliament.the-stationery-office.co.uk/pa/cm200405/cmselect/cmtreasy/274/27405.htm).

Accordingly, the charges applied to my account are not a reasonable pre-estimate of the bank’s loss in relation to my account. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and outwith, the UK).

Please refund these charges to my account within the next 7 days. I reserve the right to commence court proceedings without any further notice, and to seek an additional award for distress and inconvenience, together with legal expenses.

Yours faithfully

 

Is this a LBA? Its slightly different to some others?

 

Thanks Clare xxxxxxxxxxxxxx

[ellijames]

BUMP:eek:

 

anyone around?

 

Presuming my previous post was my LBA (i belive it is! ) I am preparing my Moneyclaim Particulars of Claim etc. I just want to know what proof the courts need when using Moneyclaim? I cant access any of the online documents on here they freeze my pc?!(I have abilty software not excel or word?!)

 

I have worked all charges out through my Bank statements as follows

 

£2534.00 in charges

£68.81 in interest Debited

£208.22 is 8% of total

£0.61 a day in interest to be added?

Oh then the £120 court costs

Does this look correct and how do i show the courts these workings?

 

Thanks

[jonni2bad]

The LBA is here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-letter-before-action-consumer.html

 

and should give 14 days for reply.