martdj v Halifax - SETTLED IN FULL

[martdj]

I have today just sent a letter to my branch of th Halifax stating I intend to recover the last 6 yrs bank charges and requesting statements for that period. Will keep you updated

[martdj]

HAd a reply from the Halifax today in response to my intial letter. It was A BOS form for DPA disclosure. In it they state that statements do not come under the DPA. Are they right?

[antarctica]

hello.

 

if you read the FAQ's section under rules of engagement it states:

 

"3. If you do not know the amount that they owe you over the past 6 years, then write to them asking for a comprehensive list of charges. Make sure that they are aware that they are obliged under the Data Protection Act (1998) to furnish you with this information within 40 days of receipt of the request. If they deny that bank statement information is covered by the act, refer them to the Durant v FSA (2004) case, in which the judge presiding ruled that ALL bank statement information is personal information and is indeed covered by the DPA. "

 

hope that helps

 

a

[martdj]

Thanks

[martdj]

Halifax Plc

165-169 Eltham High Street

London SE9 1TT

 

 

LETTER BEFORE ACTION

 

 

WITHOUT PREDJUDICE

 

Dear Sir/Madam

 

ACCOUNT NUMBERxxxxxxxxx

 

I have held the above mentioned cardcash account with your bank for at least the past 6 years. During this time I have incurred charges for going overdrawn due to cheques being cleared at unfortunate times, unauthorized overdraft fees, direct debits and standing orders being dishonored (and in some cases honored) due to insufficient funds.

 

It is my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law.

 

Murray v Leasureplay (2004)

Dunlop Tyre Company v New Garage and Motor Co. (1915)

Bridge v. Campbell Discount Co. Ltd. (1962)

 

There are many more cases of this type – far more than I have room to list here.

 

Further to these cases, I also believe these charges to be a direct breach of the 1977 Unfair Terms (contracts) Act which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act.

 

 

 

I now understand that the regime of “fees” which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

With this in mind, I have gone back over my bank statements for the last two years and already the fees amount to over £5000. I have not gone back further yet. I am however willing to accept from you this reduced amount in full and final settlement within 7 days of receipt of this letter by way of personal cheque. If you choose not to do so, I will start proceedings for recovery in the County Courts, for the full amount owing over the full 6 years which I believe I am legally entitled to this money back. By doing so, you will be eligible for my court costs and for an extra 8% APR as allowed by the County Courts Act (1984).

I

 

 

 

 

 

 

Yours faithfully,

 

 

 

 

 

Martin Johnson

[SPARKY100]

Why stop at the 2 years. The figure is huge. Go for the full 6. If you're unhappy with the first 2 years, you will regret not pushing for the other 4 years if they settle before being summoned to court.

 

don't hold back, it's your money!!!!

[BankFodder]

If your charges are over £5000 you have taken yourself out of the small claims track and are in jeopardy as to costs.

 

You need to discuss what you are doing here.

[martdj]

If your charges are over £5000 you have taken yourself out of the small claims track and are in jeopardy as to costs.

 

You need to discuss what you are doing here.[/quote

 

I will let you know once I receive a reply from th Halifax

[martdj]

LouiseLumb@HBOSplc.com

[martdj]

to the halifax. They actually owe me nearly £14,100 but to keep things in the small claims ct I have divided up into 2 claims one for unpaid DD charges and one for unpaid cheque charges. I have kept both to just under £5000 and am claiming interest!

See the litigation forum for more details

[BankFodder]

Yes - but see my urgent pm about this.

[martdj]

I have both my claims acknowledged and they are defending in full. Should be interesting to see the evidence they provide!

[MondeoST24]

Indeed, mine has been acknowledged as well, its signed by A O'Brien, head of legal services, retail division, HBOS plc

[martdj]

I have recently changed bank accounts as I am in the middle of claiming charges back from the Halifax. Today they have rung me to state that my account is currently overdrawn. Funny how this has happened as it is a cardcash account with no overdraft facility. They state that the majority of the amount is bank charges,( oh how I chuckled!) so I explained politeley that if they send me a breakdown I will gladly pay legitimate amount to bring the account back into credit, but to get the charges back they will have to take me to court! Watch this space!!

[jonni2bad]

Don't let them take the lead - they might issue you with a formal request to pay up which, should you not act upon, could be followed soon after by the default notice.

 

In fact they might go straight to that!

 

You could then start to act, but I would advise you take the lead - issue the letter from the library (Preliminary approach for repayment) and make them aware that you are not going to accept their request...

[wolfie]

re above.

how can you send the preliminary approach letter for payment when you haven't paid the charges in the first place! you could just refuse to pay them martdj and see what happens although they would probably default you but I guess you could then take them to task over that!

I would seek advice re default procedures etc if I was in the same situation.

[Spiceskull]

If the account is overdrawn, and this is down to charges, I would definitely send the preliminary request for refund as Jonni suggests. That way you have covered your back in case they decide to jump ahead of you.

[martdj]

hALIFAX PAID ON BOTH MY CLAIMS £ 10,225 IN TOTAL. STANDARD LETTER RECEIVED STATING IT WOULD COST THEM TOO MUCH TO DEFEND, MORE LIKE THEY WOULD HAVE TO DECLARE HOW THEY CACULATE THEIR CHARGES. i AM NOW GOING TO CALIM THE REST THEY OWE ME £5000!!!

[laurawilliams]

wow thats incredible, congrats! bet ur gonna have fun with all that money

[brecken]

oh my god, I good cry for you, tears of joy of course, well bloody done.

 

Enjoy every penny, you have just made my day.

[Bovvered]

Amazing, fantastic, brilliant news - well done you!!

[Lorraine]

As all above, congrats!!!! Enjoy it and spend it wisely!!!!!!

[sachmo]

Brilliant news CONGRATULATIONS

[sgt_bilko]

Congratulations bro! Just in time for the weekend! Woohooo!

[toneighty170]

Nice