just sending small ... Bump!

So Halifax is playing roughly. They settled just part and now are not responding at all. On 11.5. I have court hearing where Judge have to decide how much I will get. I will claim Wasted Costs as well.

Thanks BookWorm. I will do that from now on.

Partially won - I got £694.38 of 909.86. The rest is in post bellow. I've got letter from Halifax where they said that they will pay me off but deducted rest of charges on account before it was closed down. As I did claimed just money which they actually took from my account, I replied: Dear Matthew I got a letter from Amanda Duncan ( one member of your team) regarding my Small Claim. As in that letter was stated that you will pay £909.86 which I claimed, however you will deduct £215.48 which was written off when account was closed (making total to £694.38). I will accept this offer only as PARTIAL UNCONDITIONAL SETTLEMENT against claim of mine. In my email from 13.3. I expressly stated in point 4 as you can see bellow: "4. On disputed Cardcash account (Acc. No. [edited for your safety] Sort Code: [edited for your safety] ) was (before you closed it) outstanding balance approx. £-190.00 all caused by yours unlawful charges. This amount is not included in my claim and I have to make absolutely clear that you have to set balance of above mentioned account to zero by annulling all imposted charges. However, if you take that approx. £-190.00 out of disputed amount (Total: £ 909.86) I will start new proceeding to recover all of my money. " I see that you did not comply with my demand. As you did not fill in defense and my claim is now in stage, where I have to apply for default, I want to express clearly, that since I don't have to start new claim, if I will not have today ALL OF MY MONEY (incl. disputed £215.48) I will not hesitate to go into your branch with bailiffs and press, to make sure, that i will recover all of my money. I expect your call today until 11 am on 07927004508 to discus when will be disputed £215.48 deposited in my account. If I will not speak with you until 11 am, I will go to court to apply for default. I repeat - I claimed only money which was actually taken from me and I did not included disputed amount, which was caused solemnly by your unlawful charges. To your information: In your letter is again stated that to avoid charges I can...quote: " also contact one of our banking advisers at any of our branches." I started my claim because I was in branch with money and asked what payment is coming within next 2 days. Your adviser told me that nothing. And I was hit by charge next day. As a result to be overdraft (because of that charge) I was hit by second charge. I was in branch to avoid that and it did not helped. I was angry and searched for help. On Consumer action group I got help and here we are. Yours sincerely kecimot His reply: Mr kecimot, Thank you for your email. I tried calling your mobile this morning but was there was no answer. Your claim was for £909.86. The maximum we can settle is the amount claimed, which we have paid. Thank you Matthew Ingham Team Leader - Regulated Sales Customer Relations - Halifax HBOS Plc CB/2/CR/26527 Direct Dial: 01422 326 527 matthewingham@halifax.co.uk My reply today: Mr Ingham, 1. you rang me at 9:55 when I was on the toilet. I waited for your next call and at 10:25 called you myself. You was on the meeting and one member of your team told me that she would forward message that I rang. I appreciate that you are busy man with all this claims for return of unlawful charges, but this is fault of your bank not mine. If you imposed charges which will not exceed your costs I will happily pay that and with me all of us, claimants. However this charges are punitive and greatly exceed your costs, which can be count in pennies not pounds. Anyway you could call again later if there was no answer. I think that anybody can go on the toilet if is in need. 2. Regarding your statement that you paid 909.86 I can proof that this is not true. I submitted to court (together with my application for default judgment) statement of my bank account witch clearly stated that somebody (probably you as this amount is the same as amount stated in your letter) paid on my account only £694.38. That mean you still owe me £215.48 plus daily interest £10.71 at daily rate £0.17 since 23 January 2007, when I started my Small Claim (see quote from my Small Claim Application bellow, point 5, letter (b) ) until 28 March 2007 and £0.94 (up today) counting at daily rate £0.047 (8% pa interest from £215.48) until whole amount will be paid off. Fortunately for you I did not know in time when I started my claim that I can use your unarranged overdraft interest rate (is it 32%?) as contractual interest, so I used only 8%. It does not matter anymore. I did not started claim to get your money. I started it to get my money back. *It mean that up today (30th March 2007) you owe me yet £227.13* and that amount will grow each day by £0.047. 3. Regarding £215.48 which was stated on my account as overdraft (even though it was all only your unlawful charges), if you wanted that money from me you had to fill in counterclaim, which you did not. I know that you can't afford to counterclaim that money, because if you will, you have to disclose to court truly costs of your charges. And we all know that this is only thing which you can't - if you will disclose your costs it will clearly state that you are charging £38.?? more than are your actual costs and that will mean that your charges are unlawful and has to be lowered accordingly to your costs. *Because you did not counterclaim for above stated £215.48 you had no right to debited this amount from settlement. This claim will not be settled until you will pay whole amount stated above. *If you are in doubts you can ask your legal department, they will explain it to you. 4. Regarding your notice that "The maximum we can settle is the amount claimed,...": a) if you mean that you can settle only amounts claimed in courts - we both know that this is not the case - your bank settled hundreds (maybe thousands - i was unable to read all of cases posted no Consumer Action Group website) of claims before thy reached court stage. b) if you mean that you can settle only amount which was officially claimed from your bank - consider this email as my official claim for rest of my money - and now you can settle it. But still - you don't have to settle it and I will proceed with my Small Court Claim - see important notice bellow for my next steps. I am sorry to corner you like that but - your bank is in breach of law with such charges, not me. State clearly your expenses with refused Direct Debits ( I was only once overdraft and that by pennies - all your charges was for unpaid Direct Debits) and I will pay it. Until then you have no right for my money. *PLEASE NOTICE: !IMPORTANT!* I would like to stress clearly, that if you will not pay whole amount stated above I will be more than happy, once will be default against you granted, to go into one of your branches with bailiffs and press, and even with TV. I am sure that press will like to run story about small man beating big corporation. *Quote from Small Claim *(full text on the end of email)*:* "5. Claimant claims: (a) return of the amounts debited of £775.96; *(b) Interest per S.69 County Courts Act 1984 of 8% - £61.90 continuing at 8% until judgement or settlement at a daily rate of £0.17; (*c) return of £10 paid 10. July 2006 to defendant by Post Check as fee for DPA information (information never received!)" end of quote.

Wilkins don't give up. I wish you good judge and luck.

I called to Halifax, just to speed it up a bit and was transferred to Matthew Ingham - Team leader of Customer relations. Bellow are his contacts. MatthewIngham@halifax.co.uk napsal(a): Thank you for your email I will ensure this is processed before the 28th March 2007 Regards Matthew Ingham Team Leader - Regulated Sales Customer Relations - Halifax HBOS Plc CB/2/CR/26527 Direct Dial: 01422 326 527 matthewingham@halifax.co.uk -----Original Message----- From: kecimot Sent: 13 March 2007 12:48 To: Ingham, Matthew (Customer Relations) Subject: Re: Court Summons Following our phone contact I enclosed all relevant documents. Hopefully all links will work. Bellow you can find my email regarding this account. Please reply to all of my questions. Thank you. kecimot

That was a great story. !!! Well done !!!:D:D

As stated in title, I cant find how to create signature. Anyone can help? Thanks

Hi kcom just to let you know. when you want claim back you can get interest on your money because you could not used it. And now the interesting part. You can get or 8% but only after your claim will go to court or you can get so called contractual rate but only if you put it in your first letter (prelim). Contractual rate is higher ( you can claim up to approx. 30% - depending how much Halifax charge for unauthorized overdraf).Sadly I have not time right now to explain everything properly but if you will use "search" button above (it is in blue bar between "New Posts" and "Quick Links" buttons) and use words "contractual rate" you will see loads of threads regarding this. Just read and decide. You can still send new prelim letter after you get all statements and ask for this money. A number of claimants got this even from court and it is going to bit increased what you will get. I missed it because I did not knew about it at time when I send my letters. But it is worth of try. Wish you luck

You can try to call 01422 380880 it is phone number to switchboard - ask for customer relations or tell them straight that you need to talk to somebody about your data protection act request - that some of statements are missing - they will transfer you. You can find almost any number on this site SAYNOTO0870.COM - Non-Geographical Alternative Telephone Numbers it will convert all expensive nongeographical lines (0870..., 0845... etc) to geographical equivalents which is usually much more cheaper (5p per hour or even for free depending on your calling plan). Wish you luck with your claim

Don't worry. They always try to take your courage by delaying tactics. Just stick to your time scales and if they will not respond send them non-compliance letter. Wish you luck

Hi Debbie, first off all don't worry to much. Just sit and read a lot from this site. You can learn a lot!!!! Do everything as is described in stickers on home page - bellow is few useful links: TEMPLATES (LETTERS ETC.) http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ STEP BY STEP INFO http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html You can buy stickers to put them on your letters. It cost only £3.50 and when bank staff see them they know that you know what you are doing and that you are not in this on your own. See http://www.consumeractiongroup.co.uk/forum/cuttings-soundfiles-library/announcement-center-let-them-know.html to get more info on them. - if you want read my thread as well http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/71700-kecimot-against-halifax-learn.html and you can find few points to hold on. I wish you luck and go on - get them :grin: that you have other account ready is wise, mine was closed after few months (don't worry about this months - in my thread you'll learn why it took so long for me - I made few mistakes - but hey interest was groving anyway )

People you're unbelievable!!! you deserve every penny of this money. What you did is worth of knighthood. You are my heroes. I started to read your thread at 10pm yesterday and could not stop even knowing that I have to go to work at 6am. I just finished. It is shame for me that I did not know about contractual interest possibility when I started my claim, but this is not important. I will for sure go for costs. And for you - congratulations big and huge and large congratulations. Thanks for your battle and for your thread. I cant find words. WOW!!!!

Hi Debbie, don't worry to much. Just sit and read a lot from this site. You can learn a lot!!!! Do everything as is described in stickers - if you want read my thread as well http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/71700-kecimot-against-halifax-learn.html and you can find few points to hold on. I wish you luck and go on - get them that you have other account ready is wise, mine was closed after few months (don't worry about this months - in my thread you'll learn why it took so long for me - I made few mistakes - but hey interest was groving anyway )

Do it! They messed with you big time for years. Now they have to taste their own medicine, don't they?