overflow v Halifax

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Hi can anyone give me a bit of advise please.

I'v just printed out a letter to Halifax ( Penalty and unfair charges- request for refund) but I'm not sure if this is the right one.

Ive got all the statements so know how much I' claiming back but on looking around the different sites on here my letter is different to the Prelim one and that one says I should send a schedule of charges as well.

Do I put amount of charges with corresponding dates on a seperate piece of paper and send these off. Sorry but now totally confused and I'm nervous about doing this , sure I' mess up and be the exception to the rule.

Advice Please.

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hi all sent prelim to halifax on 18-14-07 and today received reply

 

"Thank you for recant complaint.

We are sorry tolearn you are unhappy with charges debited to your bank account. Please note the complaint handling rules set by our regulator, the Financial Services Authority, gives us 8 weeks to investigate and respond to complaints"

 

From what i gather reading other similar threads I should ignore this but do I just wait for the 14 days to be up and then send the LBA.

Advice please . thanx in advance.:?

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Thanx sea-side.

Thats put my mind at rest. I'm so worried that I wont get it right and I dont want to mess up. Think the old brain is getting a bit addled there is so much to take in.

I keep reading the FAQ's over and over but sometimes find that I cant remember what it was that i've just read 5 mins ago. AWH poor old brain never used it so much in ages.lol:roll:

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Thanks again Sea-Side. It is all a bit (no a lot) daunting this law stuff. Yet funnily enough I find it quite exciting too. I've never dreamed of doing anything quite like this before, did'nt think I had it in me to be honest. My family think I've gone nuts I swear as my topic of conversation always seems to be about the CAG nowadays, lol. Just cant seem to get enough of this site,(and my typing is improving too) .

There is just one flyin the ointment for me at the moment. I cant seem to get my head round the interest part, try as I may . I read about it then re-read about it. I've just had my son here trying to explain it to me .

"Well mum, can you see what I mean ?" he says. "Do this and this and this comes up here then do that and this appears, times this by that" !!!!!!!

Whooooooooaaaaaaaaaaaaaaahhhhhhhhhhhh my brain screams but my mouth opens and out comes "Oh yes, now I can see" DOH NOT!:?

I'll keep on plodding on though, determined not to let it beat me, I'll whip this brain into shape yet. lol:)

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hi

Today I have sent off my LBA to the Halifax along with an amended schedule of charges and interest on charges.

I now await thier reply and quite frankly Im scared to death about what happens next. Ive been reading up on lots of threads and although most of the content is easy to understand there are some things Im struggling with. I think Im just worried about going to court ( if it gets that far) .

Do you have to explain why your claiming to the judge and if so does that mean that Ill have to try and memorise all the legal jargon Ive read.

What if the bank does show , do I have to stand up against a " learned friend", and defend my claim, ( stand back in horror).

How can I , an ordinary housewife, be so ambitious as to even dream about doing this. These are all the thoughts running through my head at the moment. I know Im being daft but thats of little consequence.

I thought I would never be able to do the spread sheets, no matter how I tried I could not understand them and then I came upon Vampyras one. OH BLISS ! THANK YOU SO MUCH. I found I was acctually able to fill them in without too much hastle:) . Now I just hope and prey Ive got them right. Ive done three different lots of interest on them. Amazed at the different totals all for the same charges.

As I was doing the charges I noticed that on the duplicate statements that instead of Bank Account mine have CARDCASH written on them. I dont know if this will make any difference to my claim but I thought I would just check the interest on the different accounts anyway. (mine is a current account by the way).

I notice they have changed thier interest rates and where it says Current account AER 0.10% for CARDCASH it is 1.51% .

Im wondering now if this will impede my claim in any way Or shall I just ignore it and it will go away , dont think it will make any difference anyway, well I hope not anyway.

So now Ill wait and see what happens .

 

Regards:)

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Just as an after thought . Are the changes to the interest rates in our fovour or will this make a difference to our claims . Do we claim for old interest or new.

Any comments?

 

regards:)

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hi could anybody help please. ive just worked out the interest rates and im worried in case ive got it wrong.

would anybody please look it over for me just to make sure ive cracked it.

ill copy it on here if its possible.

 

regards:)

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hi s-side lady

Im not too sure yetwhich one to go for so ive printed off all three rates , might go for contractual though if ive got it right.

thanks for replying though.

 

regards:)

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Thanks sea sidelady ill go take a look at that now I could do with some tips. I think ive done it right but you never know. Any help is welcomed

 

regards:)

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just to update,

well the deadline for the lba was up yesterday so sent out another one today. I know its giving them another 14 days but I have added a bit to the letter.

"Seeing as how I have had no response from you re my previous letter,I have had more time to research my claim . As you can see I have sent you an amended schedule of charges ,as I now know I can claim for contractual interest at the rate you were charging me"

Hope this sounds ok ,and that this will please them Sent it off this a.m. recorded del.

When I came back home from posting it , there pushed through the letter box was a letter from them. Suprise, Suprise.

This was dated 11th May, just the usual bumf.

"Sorry we took so long responding, blah,blah,blah.

Will investigate as soon as possible, you will hear from us no later than 9th June."

I dont think I will be running to thier time scale ,I like my own. Another 14 days then file for court.

I wasnt going for CCI first off but then ive read so many threads where other people have tryed for it and won , so I thought to myself " Well never venture , never win" .My only worry is that ive not done the spreadsheet right. Im nearly certain i have ,compairing it to others that I have seen and reading all the info on them. Im just frettin over nothing I think. Its just the interest seems nearly as much as the charges but what the heck if they want it accurate to the penny , let them work it out for me. After all they'll be the ones forking it out.

Ill keep you all updated and good luck with your claims.

 

regards

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just for the record does anyone know are we supposed to get our original contract back from the banks or even a copy, this has the T&C's and in light of the LLOYDS case would we now need this to take to court

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just an update on last posting.

Got letter off SCALIFAX yesterday about my credit card with them. Informed me that my current card is due to run out of date and in thier opinion I am not conducting my account in an acceptable way so they wont be sending me out a new one:rolleyes:

I wonder is this due to the fact that Im claiming off them for my bank account or just because I missed this months payment by just over a week:) . I think its just a wee bit too coincidental ,Ive missed payments before but never had my card recinded.

Not that Im worried Ive not used it for a while anyhow still trying to get the balance down loads of charges on there too Im afraid , I dont think I am a good manager of money but ,come on, these charges do nothing to help do they:rolleyes:

Waiting for them to respond to my LBA now , Im feeling rather nervous as Ive gone for contractual interest and I just know thier going to fight me tooth and nail for it. Perhaps I should have just gone for the 8% in court , well too late now eh. Im runnin around this site lookin at what other members have used for thier bundle . dont want to be caught with the trousers down now do I.

Im still a bit worried about not having the original T&Cs though. Do we really need these now in light of the infamous LLOYDS CASE. Can anyone shed any light on this for me and put my mind at ease please,

thanks

 

regards

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Thanks for the advice c allen.

Yea think I will write but I managed to download a copy of the T&Cs dont know if this will do though. Its titled

Special Conditions---Bank Account conditions , and its dated Jan 2007.

I wonder if they have changed things , I suspect they have .

Do you think I should still write or will this suffice.

 

I got back in this morning and checked my messages on the phone and there was one from the bank. My stomach did a back flip , I thought "OMG, what if they want to talk to me about my claim. What if they start blindin me with science with all the legal jargon."

I was panicing I can tell you. Then the phone rang again so I had to pick it up , It was the bank.:o

Just an automated call about my credit card account, not the one Im claiming for. Wanting to know if Id made a payment on it yet. You know the ones , press this button and press that button.

PHEW was I relieved. Still I read that a lot of people have had them on the phone so IF and WHEN it comes Ill have to reply wont I;)

Just hope Im ready , but there again , after all the reading Ive been doin I should be LOL

 

Good Luck to All

 

regards

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Thanks callen

Ive been in the bank and got a copy but of course not the original ones. Might , no , I will write and ask for them thanks for the advice.

 

regards

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quick update ,

This thursday is the deadline for the Halifax and as yet ive heard nothing back. I did write to them asking for the original T&Cs relavant to when I first opened the account , still waiting for them as well although I gave them 7 days to reply so they have a few more days on that score. Do I send a Letter of non-compliance off then if they do not send me them:confused:

I think I do just want it confirmed.

I really thought that they would have written or phoned me but not a dickie bird. I think Ill give them till Monday then if still no word Ill be hot-footing it to the local courts.

I think it has something todo with me applying for contractual interest though, perhaps Ive shot myself in the foot , I should have just gone for the straightforward 8% and costs , might have heard by now eh:?:

Well never mind Ive got to be strong minded on this one and go for it .

Ive waited a long time so a wee bit longer wont matter.

Will post again when I hear anything.

 

regards

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Well today the deadline is up for the Scallifax.

Still no word from them even after I sent them a letter earlier on to ask them for the original T&Cs.

Would it be an idea for me to ring them do you think to remind them that the deadline was up today. I dont know if this would be the right thing to do or what.

If they started spoutin all this legal jargon at me Im sure Id shrivell up and offer to pay them instead.

Must have a serious think tonight and read some more threads to see if anybody else is in the same boat as me:)

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well still no word from them about the original T&Cs so do you thhink I should get them for non-compliance as Im sure Ill need them if it does get to the court stage. Want to get everthing right dont I

Has anyone else had this problem I wonder or did you all get your T&Cs along with the statements.

I presume I should have got mine then along with a copy of anything else I signed when I started the account up.

Perhaps its my own fault for not requesting they send them out sooner but I thought the Prelin Letter included the request for them.

Ive sent the LBA and the deadline for that was up on Thurs last week .

Im hopeing to file this week if ican get money together but as Im not in work yet I might find this hard

Never mind eh. Ill keep you all updated.

 

regards

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hi all

ive just sent an e-mail to Kelly Duffy re no response to my letters and informing her of my intention to start court proceedure on Wednesday.

WELL that is I think I have????????

See Im a bit of a dumb-cluck when it comes to comps but I thought "Go on, Ill give it a go".LOL. I normally wait and ask my daughter if Im doing it right.

Ive got the CAG e-mail and so I thought Id use it . Now this is where I think Ive mucked-up.

Will I be able to get a reply on this site if I never sent it via the CAG. Just used my e-mail address see. I feel a proper charlie for even posting this ,but, if you never ask you never learn, and Ive learnt more on this site than Ive learnt for ages anywhere else. Old brain cell gone for a walk I think.

Anyway when youve all finished laughing , have I done the right thing, or have I made the proverbial C**K UP ?

If you can understand what I mean Id really appreciate some advice.

 

Thanx

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Still no word from Halifax. No T&Cs nothin and no reply to my e-mail either.

Im tryin to do the N1 form but bit confused. Can i put the POC on the back or do I need another sheet of paper just for those?

Also Im going for the CCI so where it says value do I put this there

Charges £xxxx

CCI £xxxx

Court Fee £xxx

Costs £xx DPA

 

Total £xxxx

 

Also can we claim on here for our costs for our time and staitonary ect?

 

Ive been lookin at a lot of threads tryin to find one that was similar to mine but havent had any luck. If anyone has been in the same position I would welcome their advice on how to put it all down and how to word it.

I was hopin to have it in today was sat up till 3-30 am but my eyes started getting heavy so I called it a day and now I was informed this morning that the section of the court where I was to file claim is only open till 4-o'clock today and closed then till Wed so I dont want to rush doing it just to get it in today. Knowing me Id make a mistake and cant have that can we.

Want to get it all 100% on the button.

Hope someone can guide me on the right path .

Thanks in anticipation.

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Thanks you guys . still not sure about how to put the details for the interest and all that though .

Anybody with a bit of advice would be greatfully recieved:confused:

Regards

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Hi ,

ive just read "DADS" post and am now a wee bit worried as to whether or not Im doing the right thing about claiming CI myself. This was the bit that is worrying me;

 

"Having been heard in the High Court this now sets a precedent for other courts to follow"

 

Am I just being thick or does this mean we have to refer to this"custom and usage" thingy, whatever this is . Does anyone else have any worries over this or can someone put my mind at rest and explain what this would mean to anyone claiming CI.

Would it make a difference if the chargess part of the claim were settled , just leaving the CI to take to court.

 

Im putting my claim in the Court on Wed and if its going to be a major prob then I might think again about going for the CI rate.

Im already at a loss as to how to set out the charges on the N1 form;e.g.

if the CI should be mentioned or do you just set out the charges and the o/d interest and when can you put down to claim our own costs back, time, postage that sort of thing does that go on the form or do you put that on the POC?

Sorry questions, questions but if I dont ask Im not going to know am I:-?

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if anyone is interested they can find the case referred to on this thread.

 

http://brownwelsh.com/Archive/English_Consultation_Paper_167.pdf

 

perhaps someone with a more astute mind than myself will be able to make sense of it and find out if we do need to worry about this LOST case

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Hi just wanted to update .

Well Ive been and gone and done it, Ive stopped twittering around and have today submited my claim against Halifax. Also Ive gone for the CCI.:o

I have been thinking long and hard about doing this but then i thought to myself "What are they going to do, only reject or accept it", so ive gone for it but I submitted 3 spreadsheets altogether.

 

1) for CCI at 28.9% 2) for Interest @18.9% 3) for 8% in the alternative.

 

Im happy to leave it up to the judge should it go that far.

 

SSL thank you for your advice but I felt that I had to try , you know " In for a penny" as they say. I would be sitting here beating myself up if I hasn't have tryed.

 

I just hope you dont think I have completely ignored your advice, believe me I find all the advice given on this site invaluable, and I thoroughly appreciate it. I seem to remember you telling me at one time to go for it but Ill hold my hand up as I have been a bit dithery on the subject so I guess Ive come across as not knowing enough about it .I think if the need be then I could hold my own in court. Ive been reading all i can on the CCI part and gleaning bits off other members threads here and there.

You know its funny but, if somebody had said to me last year that I would be sueing the bank , Hey, I would have laughed in their face. Yet today I feel I have grown an inch taller. Its amazing what an ego boost it is to be able to know your standing up for yourself . Ive always been a " Yes" person if im honest so , yea , im feelin good.

Feel as though Im one of the gang now not just standing on the outskirts.,Now I know how everyone on this site feels when they take it to Court. I came out of there and gave myself a mental pat on the back.

 

Sorry for going on a bit , God knows how Ill feel when I get my money back, propably do cartwheels outside the bank, well ok then star jumps.Cartwheels at my age.I THINK NOT:lol:

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thanks for the welcome support SSL and moneyhelp.

Much appreciated. Dont know what the time scale is for my local court ,playing the waiting game and will keep you all "posted":)

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hi all

Today I got a letter from Halifax to say the charges are correct and my request for refund is denied. (Suprise, suprise)

 

Why you have been charged, (Could it be because you kept taking any spare money I had)

 

How we can help ( Read this as, help ourselves to your money)

 

The Outcome, (Sorry we need more of your money in our pockets)

 

Then they give me the address of the Financial Ombudsman Service , plus three leaflets about managing my money better , understanding my charges and the Special conditions .

 

So just the standard Bog off letter eh. It was dated yesterday so I know they wouldnt have had my papers from the court when they sent it out.

Am I right in thinking that they normally take a couple of days to be sent from the court or does it depend on the courts case load as to when they get round to sending it. Also it is 14 days they have then isnt it? From when I get mine back from the courts.

I hope Ill get mine on Monday so I can start counting down from then.lol.

I never recieved my original T&Cs from them though even after Ive written for them again , will I need them if this goes to court. Should I get on to them again about them or what.

Any suggestions would be appreciated thanks.

 

regards:)