AmDaMan v Halifax - SETTLED IN FULL

[AmDaMan]

Hi all, got word of your site and I have used the preliminary letter template and going to send it tomorrow.

 

However I don't recall them charging me interest for being overdrawn as they gave me 7 days (sometimes took longer) to pay up!

 

So I have deleted the bit about the overdraft intest but included a breakdown of the charges with dates.... Will this be ok?

 

Thanks,

[mas101]

Yes thats fine.

 

Best of luck with it and be sure to let us know how you get on.

[AmDaMan]

no relply after 14 days, what now?

[scotia]

If you have already sent them a preliminary request for refund letter, and gave them 14 days....then send you LBA (Letter Before Action)...remember this is your claim, and as such you dictate the timescales, as long as you stick to this you will be fine........

[AmDaMan]

Hi got a letter saying the usual sorry and they are looking into it etc. What do I do now?

 

It's signed too so not an automated letter.

 

Thanks.

[sean frampton]

If the 14 days are up after sending the LBA then read the LBA letter again and it says that you will be issuing a claim against them.That is what you should do if they have not offered to refund all your charges.

 

Go through the FAQ and librairy and you will find a link to Money Claim Online(MCOL)and pursue it from there.

 

Good luck

[AmDaMan]

Oh crap, i've just found out the letter I send to them didn't have the date on the actual letter. How stupid of me.

 

I have the recorded delivery receipt right here though, so is there a letter I can send to them reminding them how long they have, so they don't think they can take more time as it was not dated?

 

It was sent on the 28th btw,

 

thanks.

[AmDaMan]

Has anyone got a template for me to send that warns them I am sticking to my 14 days? I sent it on the 28th (I would include the evidence). How long have they got left to reply to the LBA? Do you exclude weekends?

 

thanks.

[sean frampton]

I am not sure if there is a template for this.

 

If they have received it then that should be enough so stick to your time table.Weekends are included in the time.

 

You can always ring them to find out if the letter is on system but still keep to your deadline.

[AmDaMan]

Hi, that's the thing, My LBA letter was stupidly un dated on the letter by me (that's what they said when they replied saying they were looking into my concerns) so I am worried they will use this as an excuse to take more time etc.

[maddyrose1664]

I wouldn't worry about it. Still stick to your deadline. They will have had enough of these letters by now to know the score. If you have proof it was delivered on a certain day, then you can use that if they want to get picky.

[AmDaMan]

Ahh ok thanks people, can you just reiterate what the next step will be if they do not reply within this 14 day threshhold?

 

Thanks,

[sean frampton]

After 14 days are up from LBA it is then MCOL (court)

 

I would suggest that you pick up a few threads and read them from start to finish as this will help and a good read of the FAQs. This will clear up a lot of the facts and give you more confidence.

 

The more you know the better equipped you will be

[AmDaMan]

Hi I'm trying to fill out the money form but the particulars of claim come to 1250 characters, max is 1080.. What should I do as I'm not sure what to cut out?

 

thanks.

 

 

1. The Defendant is a Data Controller within

the meaning of the Data Protection Act and is

responsible for the processing of data of

which the Claimant is a Subject.

 

2. The Claimant has an account number

******** with the Defendant which was opened

on or around 2003.

 

3. On 28/4/2006 the Claimant sent a Subject

Access Request, pursuant to Section 7 of the

Data Protection Act 1998 to the Defendant.

 

4. The Defendant has failed to comply.

 

5. By virtue of the Defendant's failure to

comply with the Subject Access Request the

Claimant has suffered damage.

 

6. The damage caused is:

 

7. The Claimant seeks an order that the

Defendant do comply with the Claimant's

Subject Access Request

 

8. Under the terms of Section 15(2) of the

Data Protection Act 1998, where the Defendant

contests that information requested under the

Claimant's Subject Access Request is not

included within the scope of Section 7 of the

Data Protection Act 1998, the Defendant

requests that the Court inspects that

information, and where it finds that the

Defendant's opinion is unfounded, that it

orders such information be included within

the information supplied to the Claimant

under the Subject Access Request.

 

9. Damages and costs within the discretion of

the Court.

[AmDaMan]

Any help guys? I wanna send this off ASAP as the 14 days are up but I can't progress as there are too many characters!

 

Thanks,

[Guest Lueeze]

I have a contract with the defendant bank

dated 1995,and conducted on their standard

terms and conditions. I am claiming return of

money taken by the defendant in way of

charges over the last 6 years and interest

they have levied on the charges. The bank's

charges are disproportionate penalty,therefore

unenforceable as they are contrary to common

law. Further, as a disproportionate penalty

they are invalid under the Unfair (Contracts)

Terms Act 1977 s.4 and under the Unfair Terms

in Consumer Contracts Regulations 1999.

Para.8 and sch.2(1)(e). In the event that the

charges are not a penalty then they are

unreasonable within the meaning of the Supply

of Goods and Services Act 1982 s.15. I have

repeatedly asked the bank to justify

charges but have declined to do so.The

claimant also claims interest under

section 69 of the County Courts Act 1984 at

the rate of 8% a year from 2.1.2001 to

12.5.2006 of £210.10 and interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of 0.31.

 

Just double check it for mistakes! I have copies and pasted from someone elses so remove their deatils and put yours!

[AmDaMan]

cheers for that. Is 8% the standard interest rate? What's the 0.31 rate?

 

Also is this interest the interest on the charges or the interest if you went into an O/D?

 

Moneyclaim seem to be having technical difficulties, won't let me submit my claim.

[AmDaMan]

Cheers guys, it was firefox that was the problem. I have sent it now although I couldn't include the interest bit as it went over the 24 line limit by quite a way but it's only for a smallish amount anyway.

 

Thanks.

[AmDaMan]

Update: Got a letter from Halifax in correspondence to the LBA (even though I have issued the Money claim) saying that they are having difficulties obtaining their archived records.

 

They say they are not taking the **** and that they are dissapointed they can't give me a conclusive reponse today.

 

Are they trying or am I just niave?

 

'The hope to be in a posistion to offer a full response in 14days'

[AmDaMan]

Right, 2 things happened today.

 

1) Got a letter from Halifax saying 2 of the fines were perfectly justifiable. £35 was charaged due to not having enough clear funds for the direct debit.

 

£39.00 deducted for the same reason, direct debit not enough funds.

 

They say the charge for 18th July 2006.. err 2006? I assume they mean 2005, will be refunded as I did have enough cleared balance.

 

2) Got a notice that 'The acknowledgement of service has been filed' What is this and what does it mean? It says they will be defending all of this claim on the back!

 

Also I have just noticed £74.00 'cash' has been put into my account today? I'm confused.

[AmDaMan]

any thoughts??

[AmDaMan]

Really need some advice at this point folks, thanks.

[AmDaMan]

^...

 

I've read the FAQ just want some clarification from other people.

 

£74.00 and £30.00 seem to have been deposited.

[AmDaMan]

^

[AmDaMan]

I've won Got the letter today about the costs etc..

 

Thanks all, i'll donate later.