the beginning

[azdcbj]

Hi e,body. i found this site last night whilst sleeplesly waiting on bailiffs this morn.
I was a self employed builder with my own ltd company. Recession put payed to that and am now unemployed struggling with debts run up whilst trying to keep things going.
Anyway have read some of the postings and i am now going to embark on trying to claim back bank charges under hardship claim procedure. There has been many of them and i cant even begin to imagine what it would total up to.
I have printed off guide to hardship claims and downloaded expenditure form.
I will start by filling that in and getting all the evidence of hardship together.
Then writing a letter and sending it all off.
The help i need is;
how do i work out what i am claiming for ? +interest or not?
Where do i send it (halifax) ?
Also would anybody be able to help with things like threads and posts and tags and stuff? Sorry i really am computer illiterate so apologies if this is all wrong. Thank you...

[TUTTSI]

Re: the beginning

Welcome to Legal Beagles.

Have a read of this thread http://www.legalbeagles.info/forums/...ad.php?t=20454

http://www.legalbeagles.info/forums/...ead.php?t=4776 - spread sheet for calcultaing interest.

Also, was your account a personal or business accoun?

Regards
Tuttsi

[natweststaffmember]

Re: the beginning

azbcj, you've done well already as you have started a thread so keep going as you have done.
How much of the debts are limited company related and has the company been wound up/dissolved?
How much is personal debt?

[catinahat]

Re: the beginning

Hi

if i'm not mistaken (correct me if I'm wrong on this point anyone please? ) but I think in assessing how much your charges amount to etc, the best way to do this is to let the bank do the leg work for you.

If you write to the Halifax, ask them for what's called a 'schedule of charges' (decide first how far back, or rather what period of time you want to look at reclaiming charges under hardship). Its possibly a good idea too to send a postal order or a cheque, for £10.00 with your initial request, as this is the maximum recommended charge for admin costs the bank can charge for this information. Don't ask for copies of bank statements though as it could end up costing a small fortune; as they can charge per copy of each statement.
Under the Data Protection Act 1989, you are entitled to this information, by law and the £10.00 fee for this info is a statutory maximum they can ask. The bank has to provide you with this information within 40 days of you requesting it. If they don't send it by then, you can take this to the information commissioner as the bank would be in breach of your rights.

When I wrote for details about my bank charges, I asked them to send me a comprehensive list of all the default charges, for Direct Debits, Unauthorised overdrafts and standings orders, paid between two specified dates. Sending the £10.00 postal order/cheque with your letter requesting this info, just saves further delays and that way, there's no reason for them NOT to send you the info straight away, without wasting more time by them telling you 'oh fine, but there's a charge... we'll send it on receipt of your tenner...'
Not sure what Halifax address would be but think its posted somewhere on the site (seem to recall someone from LB posting lots of useful info about specific banks contact details etc. Good Luck. Hope this helps a bit? CatX

[Amethyst]

Re: the beginning

Personal account - Yes thats fine Cat if you have trust in your bank, personally I would ask them for everything they hold on you including all transactional lists. The data protection act request for information letter is Legal Beagles

But as hardship, then you should send a letter asking for help at the same time (under seperate cover) and tell them you have sent a Subject Access Request letter too.

HOWEVER if the account you are asking for help with / claiming on is a business account (Ltd rather than a t/as account) then the Data Protection Act doesnt apply at all and you are expected to rely on your company accounts.

[catinahat]

Re: the beginning

[QUOTE=Amethyst;141830]Personal account - Yes thats fine Cat if you have trust in your bank, personally I would ask them for everything they hold on you including all transactional lists. The data protection act request for information letter is Legal Beagles

Bank? Trust? ?? Naaaaah don't thinks so, lol (or maybe as much as I'd trust a nest of vipers around a nest of chick eggs!!)
Thanks for yr reply Ame. (I never knew that about data info act not being applicable to business accounts... although on reflection, of course; it makes sense doh!
CatXXX

[charitynjw]

Re: the beginning

The Data Protection Act 1998 gives legal rights to living individuals (data subjects) in respect of personal data processed about them by others.

Info can be found at:-

Information Commissioner's Office - ICO

cnjw :w_nikolaus_187: