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Kev Wins (again)

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  • themaccas
    themaccas Posts: 1,453 Forumite
    Kevicho, well done I think I may do the same we have had more than our fair share of charges from the Halifax. I'm not asking how much they refunded you but did you get all the charges back you asked for or a proportion? And just one more question did you estimate the amount to claim for or did you have access to statements and give them dates and amounts?

    Thanx
    Debtfree JUNE 2008 - Thank you MSE:T
  • amosworks
    amosworks Posts: 1,831 Forumite
    Well done!!!!!!!!!
  • Kevicho
    Kevicho Posts: 3,216 Forumite
    ExScuse my posting style here but im just back from pub (totally unrelated toi my victory- was going anyways) ;)

    Ok i basically followed the procedures higlighted on the website, but i had to put the research in first.

    I Went through all my bank statements then listed all my charges (and listed what the cause was on a spreadsheet, ie failed DD), my next step was to contact the bank by phone, albeit while discussing another issue, and i got the usual "you signed up for these T&C we wont refund you ..... yadda" so that didnt have any effect (i worked out the total of the bank charges were 320 quid at this point).

    My next step was to send a letter by recorded delivery giving them 7 days to either pay up the 320 or be taken to court.
    10 Days later (including weekend) i got a letter saying someone would look into it and get back to me within no later 4 weeks.

    Im not that patient so the following day i phoned them and issued an ultimatum, either pay up or i WILL take it to court.

    No phone call, so i waited until my next paycheck (3 days after) and signed up through the moneyclaimonline.org (i think) website, followed the phrasing (this is important) from there bankchargeshell website and left it to see where this would take me
    Here i put a claim for the original 320, plus 8% interest (the county court rate - which came to 114 quid) and the 50 quid i paid to the moneyclaim online site, make sure you double check what you claim for on the site, if you dont put you want the 8% interest you wont get it!

    3 days later i checked up and found it had been acknowledged and the halifax would be defending there side of things, i also received a confirmation letter on this.

    At this point i must admit i did panic a little, however this was only very sligh "uh oh" so i ignored the letter as i knew i would win.

    Today i got home to a letter saying that the halifax, while not accepting liability, had decided to refund my 320, plus 8% interest (which came to 114 quid) and the 50 quid i paid to the moneyclaim online site, due to commercial reasons!

    So i got just under 500 quid back, the best thing is they could have admitted in the first place they were wrong and give me 320, there tough luck.

    Anyways the bank knows that these charges are unenforceable by the courts, despite there laughable phrasing of the letter, i know i had them by the short and curlies so essentially they knew to pay me now before they had further costs.

    Another bonus is i passed on this info to a friend tonight so he will be looking into this :)

    So to answer questions

    1) All the charges were legit charges and listed on my statements
    2) The interest was added at 8% up to (in this case the end of february)
    3) At no point did the halifax ask for a list of these charges (however thats not to say you should exaggerate or make these up)
    4) The total they paid included 8% interest (which i worked out correctly) and the 50 court fee
  • Kevicho
    Kevicho Posts: 3,216 Forumite
    Chortle wrote:
    fantastic news Kevicho :beer:

    I'm currently in the process of claiming back over £2k, so I hope mine goes as easily! I'd love to be able to whack another £2k off of my debts overnight!

    Good luck

    I think mine went through so smoothly as it would cost them more than the amount won, than it would for lawyers fee's

    However these penalties are unenforcable in court so as soon as you get them in court you will win

    *edit* also seeing your sig i think you deserve this break
  • Chortle_2
    Chortle_2 Posts: 403 Forumite
    Kevicho wrote:
    *edit* also seeing your sig i think you deserve this break

    :rotfl:

    Thanks Kevicho - I think that as well, but then, I am probably biased ;) It has been one hell of a hard slog clearing it down as much as I have, I would love some help from the bank clearing the last of it (rather than their normal hindrance!)

    Getting this £2k back would mean I'd be debt free by the end of this year, so I will be fighting tooth and nail for it!
    Highest Debt (Sept 04) -> £41,300 :(
    Debt Free - August 2006!! :D

  • amosworks
    amosworks Posts: 1,831 Forumite
    Wow Kevicho,

    Your success is an inspiration and I'm really happy that you've made it! Well done matey :)

    As Chortle just said, it will mean being debt free by the end of the year and the same is true for myself also. I think the same is true of many on the forum here that it would either pull them out of debt or go a significant way to helping.

    There's a sweet irony in it being the banks which make this possible, the same institutions which help put a lot of us in this situation in the first place. I really hope everyone here manages to get their claim processed and awarded before the banks friends in the government put a stop to it all :naughty:
  • Hiya

    Well done thats great news. I sent my letter before action to the halifax yesterday recorded delivery, after they sent me a reply saying they would not refund charges, so the clock is now ticking 2 weeks today if no refund then I will file my claim. Can I just ask did you actually have to file a claim in court or did they pay up before that point? I have already started the process of opening another account just in case. Once again well done :T

    Mum of many
    Mum to 7 aged 10 and under :eek:
    Saving for car £3600, saved so far £3031.56 still to save £568.44 .
    :easter:
  • Kevicho
    Kevicho Posts: 3,216 Forumite
    They paid up before it got to court (i had filed a claim and they filed a defence)

    best to get the ball rolling today rather than in 2 weeks time
  • absolutely fabulous - I worked out HSBC charges for the last 4 years amount to £1500 so when I have got a spare mom will definately be trying.

    Did you write to your local branch or to head office??
  • BACKFRMTHEEDGE
    BACKFRMTHEEDGE Posts: 1,294 Forumite
    Well done. One in the eye for the banks. i Love it! :j :beer: :D :T :T :T
    A journey of a thousand miles begins with a single step

    Savings For Kids 1st Jan 2019 £16,112
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