they were stupid questions!! Just read ,properly,what the test case encompasses.

Hi,sorry to jump in. Maybe these are stupid questions but, I cant find anything in this Q &A`s (see below) relating to `Payment reversals` etc etc only `Unaurthorised overdraft charges`,so how can they suspend all complaints regarding all other types of charges ? Surely if you were to continue with your complaint,but,omitting `unauthorised overdraft charges `for the time being ,they would still have to deal with it? Am i missing the point here ? Are all charges applied to current accounts regarded as `Unauthorised Overdraught Charges` ? They are certainly not indicated as such on the list of charges supplied to me from Intelligent Finance. Answers to questions on bank charges Q: What is happening? A: On 27 July, the Office of Fair Trading (OFT), Lloyds TSB, six other UK banks and a building society started a court case to decide on the legality of unauthorised overdraft charges. Together, these banks and the building society provide more than 93% of current accounts in the UK. This case is being called a "test case" because the decision will clarify the law in this area and is likely to apply to all current and new claims against current account providers about unauthorised overdraft charges. We will continue to post updates on our website to keep customers informed of progress on the test case as this could run for at least a year. Q: What will happen to customer complaints about unauthorised overdraft charges? A: Lloyds TSB will suspend dealing with or resolving customer complaints on unauthorised overdraft charges while the test case is running. If you do complain about your unauthorised overdraft charges, we will write to tell you that we have received your complaint and that we will record it on your file. When a final decision is reached in the test case, we will contact you as soon as possible to tell you how we will resolve your complaint. We will apply the decision in the court case to all complaints we receive. Q: Why are the banks allowed to stop dealing with unauthorised overdraft charge complaints during the test case? A: We applied to the Financial Services Authority (FSA) for a suspension of the normal timetable for dealing with unauthorised overdraft charge complaints. The FSA decided that in the circumstances, it was appropriate to grant us a suspension of our obligations under the FSA's complaint handling rules whilst we seek legal certainty on this issue. The suspension is subject to a series of conditions designed to protect customers' rights. You can read the form of the FSA suspension (direction) here: www.fsa.gov.uk. All customers who have made a written complaint on unauthorised overdraft charges but haven’t yet had a final response will receive a letter to explain the position with respect to their complaint. Q: I’ve recently requested copy statements as the start of making acomplaint about bank charges. Can I still make a complaint? A: We’re always happy to send copy statements on payment of our service fee. If you have requested them they should be sent to you within 40 days of payment of this fee. However, you should note that if you then write to make a complaint about your bank charges this will be treated as set out above. Q: Can I make a court claim for a refund during the test case? A: Yes, but we will apply to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case. Q: Can I complain to the Financial Ombudsman Service about my bank charges? A: The Financial Ombudsman Service (FOS) has decided not to review complaints about unauthorised overdraft charges while the test case is running. If you do complain to FOS, you will receive a letter explaining this and letting you know what will happen. Q: What if I have already been made an offer? A: We will stand by any offer to settle a complaint or court claim that we have already made to our customers. If you have received an offer to settle from us which is still outstanding we will be writing to you again shortly. Our letter will explain that customers have two months to decide whether to refuse our offer and wait for the decision in the test case. If you do choose to refuse an offer, and return the settlement amount to us, your complaint will be held and recorded by us until there is a final decision in the test case. We will then contact you again as soon as possible to finally resolve your complaint. Q: I have already accepted an offer from you. Will my complaint be revisited? A: If we have made a 'full and final settlement' which you have accepted, we believe it unlikely you would be awarded a further sum even if the test case indicates you could have claimed a potentially larger amount. However, accepting any such settlement does not stop you from asking for repayment on any further new charges incurred if the court finds they are unlawful. Q: You’ve rejected my complaint, what can I do now? A: You may wish to refer your complaint to the Financial Ombudsman Service. However as set out above, the Financial Ombudsman Service (FOS) has decided not to review complaints about unauthorised overdraft charges while the test case is running. If you do complain to FOS, you will receive a letter explaining this. In addition, you can also make a court claim for a refund during the test case. However we will be applying to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case. Q: How long will the test case take? A: At this time it is too soon to give any exact timescales for a conclusion to the test case but it could go for more than a year. We have agreed with the OFT and the FSA to conduct the test case in an efficient, prompt and orderly way. Q: How can you continue to charge what you do for these services when there is legal challenge? A: We believe that our current account fees and charges are clear and represent a fair charge for a banking service that is valued by our customers. That is why we have worked with the other major UK banks and the OFT to start legal proceedings, which we believe will clarify the law in this area. Q: Does this test case and the suspension of unauthorised overdraft claims apply to my credit card complaint? A: No this test case and the suspension applies only to complaints about unauthorised overdraft charges and the law which applies to them. Q: Where can I find out more? A:You can contact us by calling 0845 603 0899. Alternatively, you can find more information through the following links: The Financial Services Authority: www.fsa.gov.uk The Office of Fair Trading: www.oft.gov.uk The Financial Ombudsman Service: www.financial-ombudsman.co.uk __________________

Hi just a little update, IF who i have been calling are now changing their minds ,surprise surprise. According to them they will not refund the interest on the charges but are willing to pay back all the charges applied to the account. They (hbos) say that as they have only been looking after the account a short time and only a percentage of the charges are theirs to refund and i should have contacted IF for the remaining charges.lmao:D (To stop confusion IF credit cards are now administered by parent company HBOS credit card services). But because they have written to me already to tell me they would refund all the charges ,they would very nicely continue with this arrangement. Not even a mention of interest applied to their supposed part of the charges. All these letters have been sent to me on Itelligent Finance headed paper, all telephone calls have been answered as Intelligent finance,therefore I am dealing with Intelligent Finance,so when at anytime did i begin dealing with HBOS. Anyway A New Stalling tactic i think, But bless them ,in all their confusion ive had my statements free and in double quick time,even already highlighted the charges for me. Spreadsheets here i come. Any opinions are welcomed peeps.

Hi all Just some info regarding my claim.Total charges £390.no interest calculated yet. My experience with these has been somewhat baffling and not replicated anywhere i have found, as yet. I phoned Intel Finance about 2 weeks ago trying to find the correct address to send my SAR to.They responded by transfering me to several dept`s before telling me that they could`t in fact give it to me and that someone would call me back. 3 days pass and i get the call telling me the address and apologising that i have a complaint. Within days i received a letter stating that there has been £290 in charges added to the account since opening and that they would,as a good will gesture refund 50% of the charges applied this year,a total refund of £45. I phoned them after receipt of this letter to say that i was a little surprised to receive such an offer,considering i hadn`t sent them an SAR request and had not registered a complaint. The lady replied that this letter was "Standard Practice" in light of my SAR request and now that i had phoned,and in light of the "new directives from OFT" they would be willing to refund all of the charges.There was no mention of interest added. I received this letter Sat 18th Nov,along with every statement which they haven`t charged me for.So I called today 20th Nov to ask if they would calculate for me the "compounded contractual interest" and any pending charges. She agreed that the interest "should have been included" and that they have an "interest calulator" that would do this quickly so i need not do it myself.Any pending charges would also be included. The revised offer should arrive in the next coupl of days. All in all a strange way of reclaiming charges i guess. DO NOT see this as a short cut method of reclaiming charges. I am also reclaiming in excess of £2k from my Intell Finance current account using the tried and tested process,and doubt very much if they will be as accomodating. Again THIS IS NOT A SHORT CUT the tried and tested process should be followed. I`ll keep posting updates here regarding this claim. A number i have found usefull : 01383743833 This number is for Intell Finance Complaints at Petrevie Business Park. Im guessing that it is also for HBOS complaints

Hi guys, This is a great thread and i have been reading it from the start ,respecting everyone`s opinions and such..... But i have a dilema here.....and i have to say something. Someone with the highest morals,unequalled integrity and absolutely the highest principles forced/offered me a way to secure and influence my financial future. I was 16 and he was my bank manager, he sold me an idea that would stay with me until now.I am now 37 and struggling ,still, with the idea that he gave me when i was a child,to all except him. He sold me the idea that credit would always be available to me,that this was the way modern life was going to be.Noone did ,or would explain the consequences of taking credit.Why would they,then ,as now the sellers are driven by money. I was ,and still am stuck in the frame of mind that i,and only i am to blame for the ills that have happened to me.But this site is begging a question to be answered. Am i ,indeed, the only one that is responsible...? Credit is offered and given to individuals under a cloak of unethical practices.Noone,i believe can deny this,read the posts above this one.....People with insight into the way these organisations work have posted. I have taken credit many ,many times to have the things i was coerced into wanting.I have received the charges,with no chance to contest ,many many times from banks that i held with the utmost regard. "i have to pay ,i have to pay them....work 10 more hours and it`ll be ok,it`ll be paid. My life,my environment, from the day i spoke to THAT manager has been as such.And so have many others i now understand. Iv`e had companies increase the rate of interest they charge me during my contracts,although i`d never missed a payment with them,this i thought was right. Ive had defaults, a ccj and a repossession order, all ,but a few i have paid fully. Was i wholly responsible for all this..?Were the defaults and ccj`s wholly or partly made up of unlawfull charges. This site and all it`s personal stories lead me to believe that i am not. However badly i danced,I danced with a partner,a partner that really wasnt interested in dancing to the same song. So as i conducted myself properly,or to the best that i could,and in accordance with the rules,they,the champions of morality ,ethics and principles changed the rules.They are changed in their favour without any contest obliged to me.Or so it seemed. I am now of the opinion that the contracts i have signed have always been partly cloaked,that i have not been given assurances that they will conduct themselves properly as they demand of me. Any opportunity ,i have to retrieve some recompense for the years that i have toiled ,to remain part of the good credit environment, i will strive for. When they, have designed money making environments with no ethics or conscience ,an environment that is designed to catch the most vulnerable ,it is surely only right that we use all possible avenues for recompense. If there are those out there that will use the information on this site to renege their responsibilities to the banks,i for one care very little.The banks have it coming,there are too many stories of corrupt banks/bankers for me to care anymore. The opinions and advice offered on this site is still invaluable for those who are legitimately getting money back from the banks,if there are more ways to inforce the banks to comply then i,again favour this... Fair or foul ,they are doing the same.

Sorry zoot , you have already answered part of my last question,can`t see the woods for the trees at the moment.

edit

Thanks Zoot, great reply. Im gonna send an S.A.R to them.I hope i get a good judge got lots to tell him regarding my financial position,caused partly by unlawful charges.Whether he accepts this i dont know.Im starting to cclaim back now ,i have loads so my position will change without doubt whithin the next 6 months,even without the wife working.Do you think it`s worth mentioning the charges issue and the number of cases i have to proceed with + an estimate of the refunds....? Can i suspent a case to another date if i dispute their charges,i know they have charged me.Is it sufficiant information (disputing charges) for the court to suspend this hearing.....? Thanks for your help, and all that post here..

Thanks for the reply,lookinforinfo, its a good point you raise ,regarding the charges,i need to look into this. I will be sending an S A R to these,but i am expecting a negative response from Swift,they are not very easy.I could say in the court that i have done this,but the court hearing will be well within the 40 days they have to comply,doing this may well make them more determined to proceed. I have a clean sheet with the mortgage lender for at least 2 yrs,but alas they are the company i also have my current account with,who have charged me substantial penalties and yes im claiming them back,so i may well be aggrevating these too. I have 10+cases that i will be trying to win in relation to charges,some small and some substantial. The point that i was trying to make regarding the ERC is that they have been shown to be unlawful http://www.consumeractiongroup.co.uk/forum/mortgage-companies/19501-zoot-halifax-mortgages.html?highlight=zootscoot If others can claim these back i was just wondering whether the judge would agree with my suposition that they just want to make lots of money and have no will to see that i play back my loan under the original agreement anyway.When you think of it ,why would they.They are a subprime lender whos clientel are already stuggling and like me, mostly uneducated in the field of `money making at all costs`They are waiting for us to slip up because they are making big bucks out of charges and repo`s. Add to this the scams that have been highlighted lately`namely `the one where they apply for repo,its granted and an estate agent buys the property at the reduced rate only to sell it at top dollar,which they quite nicely split between them. I guess im just thinking out loud now,thanks again for your post it is very welcomed,lots of good info and lots for me to chase.

Hi Received a repo letter this morning regarding missed payments on a secured loan.A little history................. I missed 2 payments earlier this year and agreed to pay extra to catch up. I have now missed a further 1 for september and as yet not been able to pay octobers. I have been told the court case will be Nov 9th so need to really get onto this. If they do succeed to close the loan i will have to pay the erc i guess and all the charges they have applied.Can i stall this repo at the court hearing,would the judge look at these charges unfavourable.The wife is due to finish her masters degree by xmas and the employment front for her looks positive,so things could change quickly. I am shortly claiming 2 thousand from IF which will be used to clear any arrears and outstanding issues i have.Prelim going asap.. Incidentally i have about 10 claims to work through ,and i know the amount will be substantial. If i can keep going for only a few more months i know i`ll be out of the woods... ANY advice would be welcomed,this one has me worried.

As i read it Beve....1st letter was a prelim letter with 14 days for them to reply... They have ....you aint happy ,or havin any of it .LBA letter now stating `I want full refund ,no further dialogue will be entered into etc etc(templates lib ),they then have 14 days to comply if not file at court .You can use Money Claim On Line or the form obtained from the courts (N1 i believe check this).I think its downloadable. Please check with others i am,by no means an expert at this,this is just what ive been reading. It looks like you just had a fob off letter that many have had,its normal. The important part is to know the process ,time lines and stick to them. I guess a lot of us here on this forum have not had the experience or the need to deal with this type of situation and it all seems a little daunting,but remember this ,no bank ,as far as i have read,has actually contested this in a court.They wont. All the people here are like you and i,we are following a well trodden process to refund of charges. Again as i said seek advice from many,read all that you can,and maybe join the chat room ,it will empower you to understand each letter that is sent to you. Good luck... Im after the Halifax too....well I.F.com . Barstewards. Ps..to all ....i never get offended, if proved wrong ,so post quick to sort out any misinformation.

Hi , Q. Can I claim interest? A. When you put in a court claim, and not before, you should claim interest at the statutory rate, which is currently 8%. You must add a section to your claim in the following way: "The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from (date when the money became owed to you) to (the date you are issuing the claim) of £XXX - (enter the amount) and also interest at the same rate up to the date of judgment, or earlier payment, at a daily rate of £X.XXp (put in daily rate of interest)" You will need to work out the interest you are owed up to the date you start the claim. You first need to work out the daily rate of interest. Using a calculator, do the following: 0.00022 X the amount of your claim – this gives you the daily rate of interest Im a bit lost here....... im guessing the date the money became owed is the day they charged me....? and the date im issuing is the date i fill the mcol.....? i can then also claim at the court case 8% from the day i filled the mcol to the day of the court cases,or if they settle before then i claim this 8% upto the day i agree terms.....? After this i am lost, Help with this would be grear,ive looked at it too much now so totally confused. Thanks.

Hi Zootscoot, Very,very interesting thread. I have a secured loan of 52k which has a 7% redemption charge on it currently. I am having severe financial problems at the moment and have been looking into selling my house to reduce my outgoings so i can clear other debts,ccj`s and defaults included. If i do sell,am i right in thinking that this redemption charge will be recoverable,all be it down the morgage rules route.

HI , any chance this thread can be move to the `sub forum` "intelligent finance" in the HALIFAX bank forum......................? might be better there. Cheers.

Hi all Apologies for jumping on your thread,just trying to catch up with surlybonds for some info regarding missing contracts,unenforceable debts etc Anyone interested and have some experience of `UN intelligent finance` and halifax CC services please take a look at my link,think i`ll need all the help i can get.I`ll be posting further info later. Surlbonds, looks like its been an interesting week or so ,hope all is sorted now. Again,sorry for jumping on this thread. PS i am really new to forums ..and very happy that this is my first... cheers. http://www.consumeractiongroup.co.uk/forum/other-institutions/30708-julian01-vrs-intelligent-finance.html?highlight=julian01