I don't think that you can claim back the interest charged for being in or over O/D - as this is interest on borrowing. You can claim back charges for returned D/D's, bounced cheques and charges for going over your agreed O/D - if it goes to court you can also claim back interest on these charges - usually at the court rate of 8%. Good Luck

I don't think that you can claim back o/d interest as you were o/d ... you can only claim back the charges - i.e charge for being in unauthorised o/d

I think they are just overwhelmed to be honest ... they are getting slower and slower at responding to everything - even court proceedings. If I were you, I would cancel the cheque and call their customer service number & request the statements from them, they'll order them then and there and take the money direct from your account. Goodluck !

4 months is quite a delay - to be on the safe side I would start the process again - send them an initial request, give them 14 days, then the LBA and another 14 days and then if no joy issue. Goodluck !

Hi all, I sent the Student Loans Company the letter asking for a copy of my credit agreement as I was told when I took it out that it was interest free until I started earning more than £15,000 a year. Recently when I got my first Annual Statement from them I saw that they have been charging me interest all along I wrote asking for a copy of the agreement with the template on this site before Xmas and I have had no response at all - What should I do ? ? ? If they can't produce it I want them to write of my debt as I understand that they can't enforce it - however they take it directly from my wages at source and I don't know what to do next ? ? ? Please Help

I'm not sure that you can call them direct... but don't worry you don't need to know if they recieved it - all the courts look at is that you sent it to them by 1st class Royal Mail - if so they will assume that they recieved it 2 days after posting - it is known as the Postal Rule - even if Halifax say they didn't get it, it doesn't matter - you don't need to use Recorded Delivery or anything else, a good old 1st Class Stamp is sufficient not to mention much cheaper ! Just wait the required 14 days & then issue if they haven't paid in full - there is nothing to worry about it is so easy - and even better you are then likely to get 8% interest on top! Good Luck

I don't think it matters how much it is, it's YOUR money, not theirs and they shouldn't have taken it from you in the first place - hopefully you'll get some nice interest on top and that'll help even more ! Best of Luck !

Then use the Trinity Road address - that is their Registered Office

MCOL say that if you enter your request before 9am it will be dealt with the same day, if after 9am it will be the next working day. They normally then send you a letter confirming when the Defendant will be deemed to have been served and then your 14 days start from that date - if no response you can ask for Default Judgement online - if they say they will Defend this gives them another 14 days (total of 28) but they'll usually settle within this period. Good Luck !

Do you mean to get your statements or to ask for your money back? If you want your statements I suggest you call them (don't say why you want them) and ask - they'll order them over the phone or in the branch and charge you £5 instead of the £10 for S.A.R. I've tried both options for different accounts and have found that asking them over the phone got me my statements quicker and cheaper - just feed them a line about wanting them for your accountant or for a mortgage company or something. If you are writing, write to their Registered Office which is the Trinity Road address at the bottom of your statements or on all letters they write. This is also the address you'll need if it comes to issuing proceedings. I've successfully claimed £2862 and am onto my 2nd claim for £3080 - you'll be fine ! Good Luck !

I agree - ignore whatever the Halifax say regarding timescales - they keep referring to 90 days to respond to complaint which are the FSA (Financial Services Authority - who regulates any company involved with money/credit etc) guidelines for dealing with complaints. It is fine for them to say this & fine to stick to this if what they are dealing with is a complaint - however what we are doing is not a 'complaint' it is a claim under contract law which is entirely different - Banks do not have set proceedures to deal with this and so are sticking them into the 'complaints' basket and hoping for the best. Stick to the 14 days from 1st request and 14 days from the LBA - this is in line with the PreAction Protocol that the courts expect all to abide by and so we cannot be criticised for sticking to it. The Halifax and other banks are delaying because they cannot cope with the amount of claims being made and also delaying in the hope people with give up and go away or are too scared to issue - don't be - the courts are there to help the innocent consumer and the Banks are too scared to go all the way in case a preceedent against them is set. Good Luck !

I am onto my 2nd Claim against the Halifax - the first for £2862 settled within 2 months, but only after I issued proceedings and on the 13th day they said they would defend (panicked over Xmas big time ! ! !) Then on 27th Dec the money was in my bank followed by a letter 3 days later saying they'd decided it was more economical to pay than defend. They had made me 2 offers during the life of this claim, one before my LBA from £916 and the 2nd one for £2000 (arrived after I'd issued) and I recieved a few letters from them all in all. This time, a claim for £3080 - apart from a standard 'we are dealing with your complaint' letter I have had nothing. So waited the 14 days I gave in my LBA and issued - still heard nothing from the Halifax and they were served a week ago - no offers, nothing - so either they will repeat the previous and Defend at the last minute or I'll get Default Judgement. I'm sure the difference is down to the workload they are now dealing with ... otherwise you'd think they'd have responded to someone who has already shown they are prepared to go all the way ! Good Luck

I think they would have to give you notice, although wouldn't rely on it where it comes to Banks - they are a law unto themselves. I had a £1000 o/d with Halifax & I was over it when I claimed around £2800 back from them - they paid it into my account & didn't remove the overdraft facility - I wanted it gone & it was actually really difficult to get them to take it off - THis is after they paid back my charges ! ! ! ! The call centre had to get permission from Head Office to take it away ! ! ! Lloyds TSB do a basic account which I think anyone except Bankrupts can get - there is an online facility, DD's and SO's and a Cashpoint Card - just no checkbook or debit card - try them - they were really nice in my branch - I've moved to them for everything now. Good Luck !

Hi, You don't need any proof of postage, if you sent them 1st class through the Royal Mail they will be deemed to have been delivered within 2 working days, so don't worry. They will soon respond when the get the MCOL papers - before that even if they have recieved your letter they'll basically ignore you or if not either send you a letter about their complaints proceedure or a letter saying charges are in your terms and conditions and if you continue to ...."mismanage your account incorrectly" ...yes this is actually what my letter said ... then they'll close your account, So you haven't missed out on anything! Goodluck!

Hi Halifax paid in full! £3082.12 including interest at 8% and court fee into my account but haven't told me anything, no letter nothing? I called them to enquire and they said I need to write to the Payment Clearings Department to see if they can trace who paid me this money as they 'have no record' ? ? ? I know it was them as it happens to be the exact amount I was claiming down to the last penny? How odd, seems they have no idea what they are doing!