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But surely. if they don't pay they interest, the claim cannot be settled?

If you have had an acknowledgement of service today, keep an eye on your bank account over the next few days, you will probably find that your claim money magically appears!!!

The Dunlop case is a very old but very important case that set the precedent of damages as opposed to penalties. In common law and contract, damages must be a genuine assessment/pre-estimate of the loss incurred. If this is not the case and the charge is higher then it is considered to be a penalty and unenforceable. In my humble opinion, quoting case law in this case is a bit over the top and you really want to be coming across as the poor peasant that is getting shafted by the big bad bank. Ian.

Well, they have coughed up, sort of. They have credited my account with the value of the claim and the court fee. However they have not paid the interest and then on top of that they have nicked most of it back to pay off my overdrafts and arrears on my credit card (I assume). I am not going to notify the court that they have settled untill I have the interest. Then I'm going back into business on another Halifax account and try and move that cash before they can take it again. B******s.

I also had the admission that the bank is run by robots who print a signature on every letter! We had another offer today but although it was 3 times the first offer it was still well short of the mark. It was too late anyway, claim form issued this morning.

Well done. Enjoy your cash.

Have you got as far as issuing a claim yet or are you ready to do that now. Just done mine 2nite.

MCOL claim filed!

Ih have received my first derisory offer from the Halifax. If have chosen not to accept this although am giving them a few more days to consider my claim before I take it to the small claims track. Beware, their settlement acceptance form tries to get you to signing away your rights for other accounts! Letter I am proposing is: We are in receipt of your letter dated 12 July 2006 offering us the sum of £213.00 in respect of charges unlawfully deducted from our account as detailed in our letter date 27 June 2006. We would advise you that we will take your offer of £213.00 as an interim payment (which may be credited to the above roll number) but DO NOT accept this as full and final settlement of our claim. In order to prevent further action which would result in further costs and the recovery of interest as allowed by the Court, we would ask you to reconsider your offer. In order for your offer to be acceptable to us it must: - Be in an amount and form acceptable to us. Be in full and final settlement of charges deducted as at the date of the claim. Relate only to the bank account against which the claim is made (roll number D/35501741-6). As a gesture of our goodwill and willingness to see an amicable solution to this matter, we are prepared to allow you an additional further 7 days over and above the timescales set out in our letter of 27 June 2006 to consider our request. Therefore, we will defer submission of our claim until 12 noon on 25 June 2006. We look forward to your prompt response. Ian

Have now received a letter from the Halifax telling me that they are not going to refund my charges. I am now issuing my letter before action.

Copy statements (all 167 pages) arrived last week. Finished calculation my charges last night and have sent preliminary letter asking for the return of £2800.

Here's a question. Financial institutions state what it costs to borrow money as the AER (annual equivalent rate - formerly known as APR). If they charge you for going over the overdraft limit then this is a further cost. How then can they state an AER when they don't know how many times you will go over your limit?????

From a preliminary letter on 20th April to settled on 3rd May? Methinks that maybe there are people there that do no what they are doing and do have access to a considerable amount of historical data!!!!!!!!

Busy dealing with their deluge of DPA letters, preliminary letters, LBA's and Court claims, no doubt!!!!