David1004
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The letter is fine except for the bit about taken action after 14 days without any further warning. You would be wise to send a Letter Before Action (templates are on this site) giving them another 14 days before commencing court action. This is standard procedure expected by the courts if the claim ever got that far. Don't forget to send by registered post as these letters have a habit of getting lost. Good Luck David
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Quick Response from Halifax ***WON***
David1004 replied to scouser9's topic in Halifax and IF successes
Scouser 9 I think you've misunderstood my previous post. I said 14 days is 14days including workdays and weekends. In other words you've agreed with me!!! David -
joenfield There are two types of interest. 1) Contractural Interest-This is interest accrued as a result of the penalties charged causing you to go overdrawn. The complex spreadsheet available in the library will give an idea of the amount involved. However, it cannot be entirely accurate. You may therefore find that the Bank will argue against any claim for contractural interest. You have to stick to your argumnet and explain to them it is interest accrued as a result of their penalties. 2) Statutory Interest. This is interest allowed on the whole of the claim(penalties+contractural interest) which is allowed by law to be added at the time you file your claim. The current rate for this interest is 8%. Regards, David
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sickofbeingrippedoff. vs halifax
David1004 replied to sickofbeingrippedoff's topic in Halifax Bank and Bank of Scotland
KEEP YOUR NERVE, The fact that you've been made an offer of over two grand should tell you something. THEY KNOW THEY CAN'T WIN! All the banks are doing now is trying to knock off a few hundred here and there . If they get everyone to accept £300-£500 off their claim, imagine how much money they will save themselves. Although there appears to be lots of people claiming, compared to their customer base it's chicken feed. They are making BILLIONS! Please Please stay calm, reject their offer, and get you full repayment. If they had any sort of defence they would have used it by now. What they should do is reduce the level of charges to protect themselves from future claims but they are incredible stubborn. So my advice KEEP THE FAITH-GOOD LUCK (All though you don't need it) David -
sheracer vs halifax court action what now?
David1004 replied to sheracer's topic in Halifax Bank and Bank of Scotland
Sheracer, You need to send two copies of your schedule of charges with an accompanying letter to MCOL. Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to: The Court Manager, Money Claim Online Northampton County Court 21-27 St. Katharine's Street Northampton NN1 2LH Dear Sir/Madam (Your Name) –v- (Bank) Claim No: ******** Date Issued: xx/xx/xx Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT). I respectfully request that the enclosed schedule should be attached to the particulars of my claim. Yours Faithfully Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim As for a time scale I was paid 10 days after acknowledgement. Hope this helps, David -
Starting out - sezj127 vs Halifax **WON**
David1004 replied to sezj127's topic in Halifax and IF successes
Don't bother sending a rejection letter as they have missed your deadline. You're correct in thinking they should get the message when they get the court claim! all the best David -
There are a couple of things to consider. The offer is over £300 short of your claim and it doesn't include the Statutory 8% which you would add at the claim stage. Although you're tempted, if you can hold out financially I would advise you to stick to your claim. Secondly, if you stick to your claim and start the court action you do not have to be bound by signing anything. You are taking action against them and there should be no conditions attached. Stay positive, stick to the timetable and you will get settlement of the FULL CLAIM. Regards David
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Reply to prelim approach, what now?
David1004 replied to trudd's topic in Halifax Bank and Bank of Scotland
Hi Again Pinkglitter, 14 days is the 21st. Don't forget to send it by registered post. David -
Quick Response from Halifax ***WON***
David1004 replied to scouser9's topic in Halifax and IF successes
Pinkglitter, 14 days is 14days including weekends. It is not 14 working days. David -
Reply to prelim approach, what now?
David1004 replied to trudd's topic in Halifax Bank and Bank of Scotland
Wait for the 2 weeks. The courts expect a reasonable amount of time which they deem to be 2 weeks so despite having a reply I would wait the two weeks so there can be no argument if it went to court. Don't forget to send by registered post. David -
Why accept it when you can take them to court and get the full amount and without signing any disclaimer? David
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HELP!Can someone please advise me?
David1004 replied to lmb's topic in Halifax Bank and Bank of Scotland
Hi lmb, You are okay. You are allowed to add the statutory interest of 8% when you make your court claim. The other interest is contractural interest which is the interest penalties incurred as a result of the overdraft incurred because of their penalties. This is a little more difficult to work out but the spreadsheets found on this site help. The thing is if you have not already claimed it you need to decide the basis on which you proceed. They might also challange the contractural interest as they did with my claim. unfortunately as I wasn't clear at that point I agreed to wave the contractural interest which on my claim of £2925 came to about £350. This gives an idea of the amount your talking about. If you're happy to proceed without the contractural part of the claim then just go ahead and add the 8% (which accrues daily) to the claim. Good Luck David -
Are they aware that you have started the claim process? If they are not then that would explain why they are offering the lesser amount. You need to contact them and explain that the claim had already been issued before their offer and therefore the interest and court fees need to be added to their offer for you to withdraw your claim. David
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The gorgeous one v Halifax
David1004 replied to the gorgeous one's topic in Halifax Bank and Bank of Scotland
I included the interest in my court claim but Halifax said they would contest that part of the claim. They told me I could only claim one or the other. Now whilst I don't trust them I decided to accept what they said to avoid dragging out the claim till after Christmas but I would be a little annoyed if I found I could have claimed this figure after all! The spreadsheet seems to suggest that it can be claimed. Confused David !! -
The gorgeous one v Halifax
David1004 replied to the gorgeous one's topic in Halifax Bank and Bank of Scotland
Good Luck Jill, It shouldn't be long now before you get paid. One thing that confused me was the interest in that I used the complex spreadsheet which worked out the amount of interest incurred as a result of being overdrawn. However, when you make your claim you no longer use this figure but the statutory 8% interest which in my case was a little higher. I don't think this was very explained on the site. regards, David
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