Dan v Halifax Loan Charges

[dan-rides-bikes]

wrote to halifax requestion any charges that were made on my account

 

information given FOC :o and within 10 days :o:o

 

Loan Account 1: Charges Total = £240

Loan Account 2: Charges Total = £90

 

lets see how i get on asking for it back

 

Dan

[Bookworm]

 

Keep us posted.

[dan-rides-bikes]

mentions in the cover letter that manual intervention has happened on both accounts

 

what should i do about this fact ?

[superam]

I was told that 16 days ago, dont risk it, send the letter, Halifax are holding out till May 31st i've been told today.

[dan-rides-bikes]

what you on about ?

 

request for repayment sent today

[dan-rides-bikes]

offer of £110 recieved today

[dan-rides-bikes]

which letter do i send now ?

[essjaydee]

which letter do i send now ?

 

the next letter you would send would be an LBA (in the library section of the forum) to notify them they have 14 days to pay up before you start a legal claim - although what i've heard a lot of people say is that you should think about accepting the partial payment they offered to you, but make it clear that you are still going ahead to claim the rest. but make sure on the partial offer it doesnt say that it is a 'full and final payment' or words to that effect, because if u accept that then you cant go ahead to claim any more.

 

good luck!

[dan-rides-bikes]

says full and final payment - so i will not be accepting,

 

i thought there was a template letter saying you have offered £x but you owe me £x

 

?

[essjaydee]

says full and final payment - so i will not be accepting,

 

i thought there was a template letter saying you have offered £x but you owe me £x

 

?

 

i'm not aware there is, you could always add a bit to the LBA letter to say that 'on XXXX date you made me a full and final offer of XXXX amount, i am not willing to accept this and will be continuing ahead for the full amount' or words to that effect.

 

any queries either check the FAQ section or ask a moderator.

[dan-rides-bikes]

ill just send a LBA

[dan-rides-bikes]

lba gone

[dan-rides-bikes]

offer of £220.00 recieved

 

should i send the LBA again stating that i will accpet this as part payment ?

[dan-rides-bikes]

question - if i accept this offer (to pay for court action for YB claim - £1700 worth of charges) will it have a detrimental effect on my other claims for halifax ?

 

currently claiming £320 for CC charges and posted my DPA for the halifax bank account the other day

 

letter i recieved today reads

 

 

I am prepared to increase my offer to refund £150.00 to account XXXX and £70 to account xxxxx in full and final settlement to your complaint.

I will reiterate that future valid charges will stand and we reserve the right to close your account if you do not manage it correctly. if you are prepared to accept my revised offer, please sign and return the enclosed acceptance form in the pre-paid envelope provided

 

then it whittles on about the leaflet i recieved in a prior letter and if they do not hear from me in 8 weeks they will assume i am happy

 

im assuming that it WILL NOT have an effect on my other claims as it states FUTURE valid charges will stand - not charges i have recieved in the past, just want to run it past you lot before i take the next step

 

settlement states i accept £220 in full and final settlement of my complaint

[dan-rides-bikes]

lil help please

[dan-rides-bikes]

decided to resubmit LBA - Which expired today

 

claim start as soon as i can get the fee together

[dan-rides-bikes]

fee found

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions under account number X and account x . I am claiming the return of money taken by the defendant in the way of charges over the last X years. The banks charges are a disproportionate penalty and 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 their charges but they have declined to do so. £330.00 is the total amount owed. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from x to x which totals £38.16 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of x There are x charges. A breakdown of charges is available.

 

is this ok for moneyclaim re: charges on 2x loan accounts ?

[dan-rides-bikes]

edited

[dan-rides-bikes]

edited

[dan-rides-bikes]

Claim Filed

[dan-rides-bikes]

Acknowledged 28/6/06

[dan-rides-bikes]

no news is good news

[dan-rides-bikes]

defence needs to be filed within the next 48 hours

[dan-rides-bikes]

halifax halifax halifax with your stalling techniques

 

 

blah blah small claims track, unable to recover costs, blah

 

willing to reimburse £210 together with £37.97 annd £50 costs however not entitle to extra £100 please provide evidence

 

HAAAAAAAAAAAAAA

 

while writing the above halifax rang and asked what the descrepancy so i talked them through the charges and she stated that it was their mistake,

 

£90 from the closed account being returned by cheque

the rest kncoked off my balance

 

2 DOWN !!!!!!!!!!

[dan-rides-bikes]

she called me again to confirm at 5pm

 

i *almost* told her i was submitting another claim at 8am tomorrow morning for £1900 total and does she want to settle before i persue court action but then i though balls to that you had 2 letters stating my intention and the 8% intrest is a tidy amount