Do I need to tell the bank of the situation? Wont they just tell me to wait until after the test case, and so it wont even get to court yet? Thanks

So there is no way we can include in the LBA that we would like a cheque instead, maybe arguing that mortgage arrears take priority? Thanks

Hello, just looking for a bit of advice really. I'm helping my mum claim back her credit card charges, but she still has a debt with 2 of the credit cards (Capital one and Barclaycard) which are in a debt management plan with CCCS at the moment. The charges only total about 1/4 of the debt of each card, but we really need the money as cash. Can we claim it back to be paid by cheque or do the charges have to be refunded onto the credit card account? Does it make any difference that I'm hoping we may get hardship case status due to mortgage arrears etc (thats a different thread!) and that the cards have accepted a minimal amount at the moment? Thanks

Hello, I'm hoping someone can help me as I've got a few questions. Last year I claimed my mums charges back from the halifax successfully. My mum had cancer about 18 months ago and as a result lost her business. She is now employed about but on a part time basis as she is still recovering. Because of the situation she is in, I pay the majority of the bills and mortgage, from my halifax account as hers is in a debt management plan with CCCS. She has a bank account with the coop but is not allowed any direct debits, and so basically I pay the mortgage with my salary from my bank account, but the mortgage is in her name. I've heard about hardship cases, and it seems to be if you have mortgage arrears (which we have about £4,000) and credit card debt you can't pay back (which are also included in her debt management plan) you may be able to apply to have your charges looked at before the test case is resolved. Is this the case with us and if so, how do I go about it? I hope that made sense, thanks for any help!

Hiya, I'm just about to send my LBA off with 7 days notice before I go to court, as suggested below, but just wondered if anyone could help me, if I need any extra phrasing or anything? I can't afford to mess this up and need some guidance! Thank you so much for your time Viki

Hi, I sent the letters off about 3 months ago. If I send a new LBA, do I need to alter it or anything? Thanks

Hello, I need some advice as I've been a bit stuck. I claimed my mums bank charges back for her successfully just before Christmas, and then set about mine which was a grand total of £80. I sent off my two letters in the correct time period, and got the standard responses. Then I hit a problem. The deadline was up and I had a change in circumstance which meant I couldn't afford to file at court. I stupidly just left it, even though I've kicked myself every day since. I've saved a little bit of money so I can now file, but what do I do? I've since had another 2 charges. Should I just file at court? The Halifax sent me a letter saying they were rejecting my claim. I don't really know what to do now but the money would come in fabulously handy, and even if it wouldn't, I dont want them to keep it. Any help much appreciated.

Aww thanks, and well done to you too!

Thanks! And I've already planned to frame it! =) A journalist that we've dealt with before actually asked to see my letter, but she said it was too libelous to print, err, so we just left it but she doesn't know about this reply yet! Anyhoo, thanks again! =)

Good luck, although I'm so sure you wont need it and she'll have her money for christmas! =)

Thanks! I'm so proud of my mum, I sometimes forget what she's done and been through and when I read my letter back today I was just so chuffed for her that we got it back. She keeps ringing me and saying 'how much is it again?' Aww.

Aww thank you ever so much! I've been waiting excitedly for somone to reply haha so thanks for that too! How are you getting on? Viki XX

I have to show everyone this, although I'm crying so much because I'm so happy that I might not type properly. I sent this to Denis Stevenson and Andy Hornby a week ago on Tuesday, because I was so so angry at them and their company, and the thought of them spending a fortune on Christmas that people like us who couldn't afford to celebrate had paid for. So I told them that, and the rest; Dear Sir/ Madam. I am writing to inform you of a very serious complaint I wish to make against your company. My mother, who has just finished a year long course of horrific anti-cancer treatment for breast cancer, is trying to reclaim bank charges from your greedy corporation worth £3221.40. You may think that she should not have got into the situation where she was charged by your bank for being overdrawn, or not having enough money in her account, but let me tell you a little bit about my mum. When she was 15, her mum died of breast cancer, she found out through her brother in law who let slip what was wrong with her mother. She was left by her partner when she was 4 months pregnant with me. I was born in a womens refuge, because she had nowhere to live and her sister didn’t want to know. She worked so, so hard to get herself a degree when she was in her 30s and I was very young, to make things better for us and worked hard at her job to make our council house nice. We then moved to Leeds from Scotland 10 years ago, to be near family. Family who then didn’t want to know when I was diagnosed with a brain tumour at the age of 11. I had a brain tumour and was so that ill after having a brain operation that I have an average of about 12% attendance at school over 5 years. I also came down with a serious bout of glandular fever at 13. Then I had lightbox treatment for a skin problem which burnt my corneas so badly I was hospitalised on six different occasions. Every time I was in hospital, or sick, or couldn’t walk, my mum was the only damn person who looked after me, with no support from anyone. When she was sacked for taking time off to look after me, she didn’t get upset. She set up her own business, feeding cats and walking dogs for people. She sold the business a few years on for a pittance, because she invented her own products. Scratch and Newton was my mums idea, and she has won awards for her inventiveness. But her business partner was so horrific to her that she wasn’t allowed to take enough salary to pay all the things we had to. To cut a long story short(ish) she was diagnosed with cancer just weeks before last Christmas, a double blow because her mother died of the disease. One New Year bout of pneumonia, 17 chest infections, 3 fungal infections, many, many bouts of depression, an arthritic spine and radiotherapy burns later, she finished treatment. 2 days after finishing treatment this year, her business partner told her they had lost the business. Just 4 days ago a woman she had gotten very close to through them meeting each other at a cancer centre, died of cancer. This has affected her so badly. And to top it off, here is a basic idea of the money problems we are facing. Nearly £2000 of mortgage arrears over 2 months. £898 per month to pay the mortgage each month. Outgoings of £2600 per month. Incomings? £700. This is health insurance payments and my wage. We face losing our home, and already have 2 defaults filed against us, unless we get our money back, sharpish. Now, I understand that you are a business. And I understand that we should maybe have been more careful with money. I also know that there are people worse off. But my mum is one of the most outstanding, inspirational people you could ever meet, and she has been told so by some incredible people, and she has tried so hard to sort our situation out. But to sit here and type this while trying to comfort her because she’s on the phone, trying to get some poxy benefit money till we get on our feet (when some MUCH less deserving people get benefit so easily) and she’s crying uncontrollably because she doesn’t think she’ll get the money back that you wrongly took from her, and it’s added to all these problems. Well, that makes me completely and utterly disgusted in your company and your policies. I would be ashamed of myself, if I were you. I may be 18, but I know what’s right and what’s not, and these charges hit people who have the hardest time in every way in the most difficult way to recover from. I would like to know exactly what you plan to do about our case specifically, and cases like ours in general. I have just had to literally find the money to send a letter recorded delivery to your company, otherwise you’ll do what you did when we asked for our statements, and say you didn’t get the letter, even though we dropped it through our branch door, asking for my mums charges back. My mums details are: Lydia Ross Bank sort code xxxxxx Account number xxxxxxxx You may think this is a most ridiculous letter, but it upsets me so much to see my mum in such a state that if I don’t get a satisfactory reply, or don’t get a reply, then I’ll send this letter and your reply to the newspapers. (Which we’ve already been in with regard to what my mum has been through.)I trust that you will respond to me accordingly. My nature and my conscience tell me to apologise if you take this personally, but as I am so annoyed, I will make you a deal. I will, when you do. Now if you’ll excuse me, I have a letter to write to our mortgage company. Yours Sincerely Viki Ross. So today, I opened my mums post (she is too scared to do it herself at the moment) and having had a terrible day, I get this; Dear Mrs Ross, Your daughter Viki has written to both Denis Stevenson and Andy Hornby and I am responding to her letter on their behalf. May I first say how sorry I am Viki has found it necessary to contact us regarding your dissatisfaction with the charges applied to your account. We pride ourselves on providing an excellent level of customer service and it is always disappointing when customers feel we have failed to achieve this. As we have previously advised you, the Halifax incurs additional costs for every transaction, when we pay an item against an unauthorised overdraft, or return an item unpaid. This is because we have to manually intervene in a process that is designed to be as automated as possible and so keeps our costs to our customers to a minimum. We are keen to help you avoid any unnecessary charges by providing various ways to keep track of your account. You can do this via telephone banking, online banking or mini statements at cash machines. You can also contact one of our banking advisers at your local brach. However, I should point out that it is ultimately your responsibility to manage your account. My colleague Patsy Parkes wrote to your yesterday increasing our offer to refund charges from £1,485.00 to £2,382.00. From reviewing your account, the total charges incurred over the last six years totals £3,257.00. I am therefore offering to refund the total amount of charges in full and final settlements of your complaint. I have also arranged to prevent any further charges being applied to your account until 1st March 2007. I hope you will accept my proposals and would like to thank both you and Viki for taking the time to draw your concerns to our attention. If you are happy to accept my offer, please sign and return the acceptance form in the envelope provided. Yours Sincerely, Helen M Kirwin Executive Office. NOW, here are a few amazing things. It is actually properly signed. It's personal. They refer to us and everything!! AND WE DON'T HAVE ANY MORE CHARGES EVER AGAIN BECAUSE WE'LL BE FINE AFTER MARCH!!!!!!!!!. I'm astonished, extatic and aware that I possibly owe them my apology now! WOOOOHOOOOO. It feels like Christmas again. I never ever thought that when I read a letter from the Halifax I could feel so happy that I cry hysterically. And I truly, truly hope that this helps so many other people keep going. My mouth is too small to smile as largely as I would like to. We will be donating to this site, as soon as we get the money.

Hi all We have sent off our 1st letter (prelimary request) last week but wondered if anyone can advise. My business went into administration 2 days after finishing 9 months of treatment following a mastectomy. I have been offered a part-time role from the new owner but am now in serious debt. Last month I paid in £900 to my Halifax account but due to all the bank charges they are putting on my authorised overdraft is now about £2,700. I can't bring myself to look really and Viki and I are living on fresh air. I have sent the letter claiming £2,600 but obviously this is mounting all the time. We have been advised to file for bankruptcy but we don't want to lose the house (any advice, we are getting various opinions) I have been told I can claim some money back for holidays etc and hopefully this should be over £2,000 and along with the reclaimed bank charges we may be able to survive. However if we file for bankruptcy we will lose this. My question is when the Halifax refund their charges will they just take the money back against my now huge overdraft and close the account. At one point I thought we would actually see some of this money but am getting really desperate. Lydia

Just another quick question When we're doing the schedule of charges, if we are changing the interest rate, is it the monthly rate (2.13%) or the Equivalent annual rate of 28.8%? Thanks