**Padwhar V Halifax ** ADVICE NEEDED PLEASE!!!

[padwhar]

Hi People,

I received my statements today, about 5 months worth were missing, have contacted the bank and they are going to send them out . Cant help but feel that this has been done deliberatly.

After trawling through them have highligted all my charges and have started my spreadsheet,

what im struggling with is actually finding out what the charges are for and therefore what to enter into the spreadsheet.

when i have received a charge it just says on my statement " charge as notified"

i have received a variety of charges £28/£30/ £20

i have gathered through sifting through that the £28 is for unauthorised overdraft-exeeding the limit.

£30 is for every direct debit they have to pay.

I cant figure out why i have a few charges of £20 though?

Also do i include a copy of the spreadsheet with my prelim letter or do i just print up a list of charges?

i know from what i have read that i dont include the 8% interest charges unless it goes to court,but is it ok at this stage to include the interest detailed on the advanced spreadsheet that has incrude because the charges put me over my overdraft?

Any help would be greatly appreciated!

[donbracho]

hey up have been thru all this witht the halifax myself firstly the "charges as notified" is enough to put down as reason in your spreradsheet dont worry if itws good enough for them its good enough for you !

the thing about spreadsheets depends on whether or not you want to ask fro CONTRACTUAL interest or the statutory court awarded 8 per cent ?

 

if your just gonna ask for the 8 per cent dont mention it on your spreadsheets or prelimary letter till you get to court....

as for the CONTRACTUAL interest well thats upto you there are several threads on it and a quite a few people have suceeded in claiming this back as you say the only reaosn why you have gone over your limit is casue of the charges so why not charge them their unauthorised rate ?

i would advise you reads up on this first though , oh you gotta put it in your prelim letter too that your claiming the CONTRACTUAL

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/49074-can-we-have-new.html

[padwhar]

Thanks for your reply Donbracho,

Thats cleared up a few points for me,it's really appreciated.

[padwhar]

Sorry just wondering if i could ask for a bit more help:

Have i worked out the CONTRACTUAL interest correctly?

i have used the advanced spredsheet from Vampiress i believe.

for example:

if i had a charge on 04/09/2003 for £30

 

would i put in the interest date column the date i was next charged interest in this case 30/09/2003

or would i need to do it for the following month?

most of the time my charges are for the same day that interest has been debited so would i do these for the same day?

 

sorry maths is really not my strong point.

fOR BANK CHARGES of £1,324.00 the Contractual interest is working out at £184.77

Does this sound about right.

I really am not sure on the whole interest point of it and im not sure whether i should try and claim it as i'm worried Halifax will think that i dont know what im doing,well as far as the interest side of it goes, they would be right to think that too!

Any advice would be great

Many thanks

[donbracho]

erm i havent had much experience with those sheets i used mindzai and lucids one posted here http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls its brilliant not that Vampiress isnt either mind !

[donbracho]

well for back up in your claim once you reach the filing stage you can always claim the statutory as an alternative ? for example ....

10. Contractual Interest

a) The Claimant claims compound interest on the amounts claimed under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, using the rate and method specified in the said contract, and as is applied by the Defendant to monies it is owed.

 

b) The Claimant’s grounds for seeking restitution of the compounded contractual rate of interest is that the Defendant would be unjustly enriched if the Claimant's entitlement was limited to the statutory rate of interest in that the Defendant has had use of the sums and would have used these sums to re-lend at commercial compounded rates.

 

c) The Claimant contends that the taking of unlawful penalties from the Claimant’s Account is deemed as unauthorised borrowing by the Defendant. Therefore, under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, in the first instance the Claimant has calculated compound interest at the Defendant’s current unauthorised borrowing rate advertised by the Defendant’s website, being 29.84% EAR. The Claimant understands that the unauthorised borrowing rate at the time of opening the account was actually over 33%, but believes that using the current rate gives a fair result.

 

d) In the alternative to c), should the taking of unlawful penalties from the Claimant’s Account not be deemed to be unauthorised borrowing by the Defendant, then, under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, the Claimant has calculated compound interest at the Defendant’s lowest current authorised borrowing rate for a Royalties account, advertised by the Defendant’s website, being 15.00% EAR.

 

e) In the alternative to c) and d), if the Court decides that the Claimant is not entitled to the contractual rate of interest under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, then the Claimant has calculated interest under section 69 County Courts Act (1984) at the rate of 8% a year

 

f) Schedules of interest calculated and are attached to these Particulars of Claim as follows:

Appendix 2 – Compound interest calculated daily at an annual rate of 29.84%

Appendix 3 – Compound interest calculated daily at an annual rate of 15.00%

Appendix 4 – Simple interest as per s.69 of the County Courts Act 1984 at an annual rate

of 8.00%

Appendix 5 – Print of the Defendant’s website showing the current borrowing rates

(relevant paragraphs marked with an asterisk on pp2&3)

 

 

i would just use the banks authorised borrowing rate for one sheet and unauthorised rate as another keep it nice and simple you see

there are better poeple on here than me to explain how and why you should claim the contractual i would advise you read these posts to get a better idea of the whys and wherefores http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html

http://www.consumeractiongroup.co.uk/forum/nationwide/28574-authorised-interest-unauthorised-interest.html