2Me2U2 vs Halifax

[valerieanne]

Hi all,

 

I wonder if any one can help me a year ago I had an overdraft on my account for a £1000 which I hasten to say was mostly in bank charges. I have stopped using the bank account now and they have put another £1500 charges on the account. I have sent in the SAR letter paid the ten pounds and sent it via recorded delivery and have now been issued with a letter from the baliffs what should I do?

 

I sent it 10 days ago and it seems as if they have completely ignored the request and are going straight to legal action.

 

Any help on this would be most appreciated.

[psylee]

well first of all i would reply to the baliffs with the repy of i am in the process of retreiving my banks charges back in full payment so there will be no debt to answer to in due course but it may take upto3/4 months to complete.

see what they say to that

if its at the first stage of litigation with the baliffs they will give you time but you do need to talk to them straight away to let them know whats going on.otherwise thy will come knocking

[Perseus]

Hi Valerieanne

 

Sorry to hear of your position... They just love to pile on the pressure don't they. Sorry, but there are a few questions to ask in order to help...

 

What did the bailiffs letter say - has the account been 'assigned' to them, has it gone to court (or is it due to?), have you been defaulted already?

 

A couple of things you could do straight away.

 

1) Check on Royal Mails website to track your delivery. Your 40 days start from delivery date. At least you know they have it then!

 

2) Was this account in the hands of a Debt Collector prior to sending the Data Protection Request? - If not - send another letter recorded delivery to the Halifax address on your most recent 'chase up/nasty/you owe us money letter' using the template here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html . Make sure you include a statement to the effect of 'This account is, and remains in dispute over penalty charges applied over the last xxx years' Send this to the Debt Collector as well so they are aware there is a disupte on the account. If they haven't already done so - they should not pursue debt recovery or a default whilst the account is in dispute. If either of them do - report back on here, with a reply to the above points, and we can help from there.

 

Don't panic, and keep this thread updated ok!

 

All the best

Perseus

[2me2u2]

Hi all just a quick note to let everyone know that this is my thread. Valerieanne kindly set it up for me as I didnt know how to do it (By the way thanks valerieanne!!!)

 

I sent a copy of the letter that I sent to the Baliffs to the Baliffs h9owever they are still telephoning me ten times a day. But to combat that I will send it again.

 

Thanking you

 

2me2u2

[2me2u2]

Wow thank you Perseus I will do that tonight and send it off tomorrow.

I have looked at the letter and it is in the hands of some new agency a solicitors but hopefully I will slow the process down if I send a copy to them too.

 

Yes the account was in arrears before I will have to check if it has defaulted, but i think it has. Watch this space.

[2me2u2]

Thanks psylee,

 

Starting a process now, I will keep everyone posted

 

2me2u2

[Perseus]

Hi all just a quick note to let everyone know that this is my thread. Valerieanne kindly set it up for me as I didnt know how to do it (By the way thanks valerieanne!!!)

 

I sent a copy of the letter that I sent to the Baliffs to the Baliffs h9owever they are still telephoning me ten times a day. But to combat that I will send it again.

 

Thanking you

 

2me2u2

Use this letter here to warn/stop them of harrassment... http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

Send it recorded ok!

Thanks for the click too!

perseus

[2me2u2]

Thanks Perseus,

 

Thats my night in sorted out write to the all the people who are giving me hassle

 

Once again thanks!!!

[Perseus]

[2me2u2]

Hi all,

 

Just a quick question what do I do now the Halifax have chosen to ignore the forty day rule in fact it is now fifty days but I sent the letter provided to me and the pestering has stopped but, no bank statements as requested!!!!!!

 

nervous break down on the way

 

2me2u

[Perseus]

Hey there 2me2u,

Don't go getting all worried and having a nervous breakdown on us now.

You've taken the first big step, now there's a few more steps and possibly even a couple of hurdles on the way - but that's why we're all on this site!

 

The next letter is http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html using Template number 2 if you've received nothing at all.

This gives 7 days notice from receipt.

There is another chase up letter after this one, but we'll wait to see what happens once you've sent template 2 out.

 

Just edit it to suit your details, send it recorded again, and wait for the 7 days.

 

OK?

All the best

Perseus

[2me2u2]

Once again,

 

Thanks Perseus all this fighting is driving me mad!!!!!

 

2me2u

[Perseus]

Dont let it get to you - this is the banks way of wearing you down, and hoping that you'll give in.

 

Keep it up!

 

Perseus

[Perseus]

Dont let it get to you - this is the banks way of wearing you down, and hoping that you'll give in.

 

Keep it up!

 

Perseus

[2me2u2]

Hi Perseus, I have downloaded the second template and feel happy that I can start the letter now with a glass of wine or two!!!!

 

Cheers I will keep you posted

 

2me2u:)

[Perseus]

Good on ya!

Any probs, post back.

 

P

[2me2u2]

Hi there,

 

Just recieved my statements all 113 pages of them so no need to the second letter phew!

 

I have calculated that the bank charges implemented on my account amounting to £1974. No wonder I was struggling. so now plan my course of action.

 

I dont know if I have done right but I put the amount charged and the dates i was charged into the calculation spread provided on here and it amounts to a decent sum with interest and all, would the halifax be liable for interest?

 

once again thank you for all the support without it i wouldnt be able to do this.

 

 

2me2u

[Perseus]

2me2u2

Good - we're getting somewhere.

 

If you've been charged interest on being overdrawn - yes you can reclaim the interest they have charged you, if the overdraft is maily partly, or wholly due to the charges being taken. In addition you can claim contractual interest from them on all the amounts unlawfully debitted from your account.

You didn't mention the interest they have charged you - which spreadsheet have you used?

If the one you are using allows to calculate daily/monthly interest - if should also allow you to insert the interest amounts debitted in a cloumn to the right on the calculations sheet...

 

All the best

Pers

[2me2u2]

Hi there Perseus,

 

I used the sheet that calculate the compound interest only I havent used that I have just added up all the amounts and looked at the amount of interest there could be.

 

I was £2,598 overdrawn £1,974 of that is unlawful bank charges and there is £238.64 of interest that has been added over the past 5 months. The sheet calculates that there could also be £198 in interest rates charged at 8% all not good. What do you reckon?

 

i know I keep saying this but thanks again!!!!!!

2me 2u

[Perseus]

sorry it's late - i'll take a look and reply in the morning.

And again - no problem!

 

P

[Perseus]

Just as an excersice in what you might get back with contractual interest with your claim - maybe you'd like to download the following spreadsheet http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/26172-mindzai-lucid-lloyds-tsb-2.html?highlight=mindzai#post218920 - it makes a hell of a difference.

I know it's a work up filling in the info again, but it's well worth it. Click on where it says download 1.9!

 

Have a go and see what you think?

Any probs come back here ok...

 

pers

[2me2u2]

Wow thanks again I will have ago.

 

I am a bit confused as to how to put the interest charges in but i will have a play about with it in the morning.

 

Contractual interest is that at 29.9% what do you think my chances are lol?

 

I need to send some letters out tomorrow

 

Once again thank you

 

Most helpful

 

2me2u

[Perseus]

Well , you have 3 options really.

 

Claim contractual interest (at the unauthorised overdraft rate) with your refund of charges, and see if they accept it (after a little to-ing and fro-ing they may well settle)

 

Claim Contarctual Interest (at the authorised overdraft rate) in the alternative, and see if they accept that if they don't accept the above.

 

or

 

 

Continue with your claim without interest and hope it goes to court so you can include 8% s69 county court interest (and probably get paid out before it gets there!) thereby - getting effectively no interest (other than the interest you've been charged for being overdrawn!)

 

I personally have, and would continue to submit claims for option 1.

If all else fails, option 2 and 3 are alternatives when you get to court (if!).

Best scenario - they agree (like MBNA do after a while) and pay you the lot.

 

Just my opinion!

 

All the best

Pers

[2me2u2]

Hi again,

 

I recieved the statments as requested and found that they owed me loads (well a lot in my skint state) i sent off a letter requesting my refund and they have said that they would look into and I can expect a reply before the 30th of May 2007. That is 47 days away from the request!!!!

 

What should be my next move???

 

Thanks

 

2me2u

[Perseus]

Hi 2me

The SAR is 40 days,

Your Prelim is 14 days

Your LBA is 14 days

 

Stick to your schedule, and remind them a number of days before it expires. It gives them the opportunity to respond in time, and supports your claim should it go to court! (which it likely wont)

 

Pers