About to send in my charges - Last minute advice ***Settled ***

[mooner76]

Ok folks.

 

Today I shall be using Moneyclaim online to make a claim against the Halifax. As I mentioned before I have not officialy rejected the offer I received from Halifax. This was sent out after my LBA. I was going to just ignore it and proceed with the claim however the last couple of posts have made me think I may have gone wrong slightly. Can someone let me know if I need to to respond to the offer before proceeding with the claim online? If so does it matter that this will take me outside of the 14 day window which I have specified in my LBA?

 

Thanks folks for all your help!

[mechs]

No of course it wont matter about your 14 day deadline the reason we say its better to reject their offer is because if it went to court it would look to the Judge that you tried to settle out of Court.

 

You can add any other charges to your claim up untill you file your claim, you just need to amend your list of charges

[mooner76]

Sorry Mechs - so are you saying send in my rejection letter first - then claim. Or just go ahead and claim?

 

Thanks

[mooner76]

Ok so I think I understand. The letter template (below in green) however mentions no extension to the deadline as mentioned in my LBA. As that deadline is today shall I just ammend that paragraph to read (directly below) or leave as is?

 

Thanks again!!!

 

"My letter before action sent previously indicates that you have until 12/09/06 to respond before Court action commences. I am prepared to extend this until 19/09/06 as a result of your offer."

 

___________________________________________________________________

Dear [named sender or Sirs]

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter before action sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale.

I trust this clarifies my position.

 

 

Yours faithfully

________________________________________________________________

[mooner76]

Hello - me again (sorry!)

 

Thinking about all the advice above - I think I may just file the case with Moneyclaim. As Mechs mentions It will only be applicable if they go to court.

 

arrgh - im on the precipice and not sure what to do - but i'm bery excited by it all!!!!

 

:o

[mooner76]

Ok - just to update everyone. I have issued my claim online last night - I could not fit in the schedule of charges (not enough room online) but was told that if they require these they will ask for them. I basically copied the information from the Lucycat vs Halifax thread - thanks again lucycat for the help.

 

She got her settlement yesterday so I think I have done everythin correctly. Today I checked on MCOL and it has been issued - so 14 days for Halifax to respond and counting.

 

Fingers crossed - I shall update accordingly.

 

Good luck everyone else!

[Lucycat]

Ooh, that's right, blame me! ;O)

 

I'd say good luck, but you won't need it - I'll keep my fingers crossed for a similarly speedy result for you, though! :O)

 

All the best,

 

Lucy.

[Brad Smith]

nothing wrong with plagiarism....got me through college

 

i'll probably use yours too Lucy when it comes to filing court action

[mooner76]

Ha ha. Nice.

 

Lucy - would I try and blame you

 

Hopefully - looking at some other posts today I should be with a week of getting my money back!!

 

Can't wait!

[nigel1804]

No we wouldn't blame you Lucy.lololol Are you still challenging me "chase me chase me:D :D .thanks for the support everyone kep it up.

[mooner76]

Oh my god - Acknowledged and paid!!!

 

Thanks everyone - awesome. I just need to sort out a couple of bills - climb back down of the ceiling then make my donation.

 

Thanks again everyone - fab!

[stadium_arcadium]

Congratulations Mooner!! my mum got her money today too!!

[Boobaby]

Oh my god - Acknowledged and paid!!!

 

Thanks everyone - awesome. I just need to sort out a couple of bills - climb back down of the ceiling then make my donation.

Thanks again everyone - fab!

 

Excellent Mooner well done you!!!

Just out of curiosity was it a large amount. I've been fighting them for a while and no acknowledgement to one of my accounts at all?

Boo

[nigel1804]

Well done you!!!!!!!!!!!Congrat's

[mooner76]

Hi all.

 

It was just over £3k with interest. Can't believe how quick they turned it round!!

[mechs]

Congratulations Mooner, can you pleasee pm a mod with the details and complete the survey the links in my signature if you havent already done so

Thanks

[Lucycat]

What fabulous news - absolutely thrilled to bits for you! :O)

 

Well done you!

 

Lucy.

[mooner76]

Quick question.

 

On Money Claim I have now got two options;

 

The defendant has not filed an admission or defence to my claim (Judgement by default)

 

The defendant admits that all the money is owed. (Judgement by admission)

 

Which one would I choose considering Halifax have in their letter have said they have not admitted any liability???

 

Thanks in advance

[jackboy]

Can I ask if they have threatened to close your account or can you still use it. I'm in the process of opening a new account elsewhere and unsure whether to caryy on with it. I have 30 days in which to confirm that I want a new account but might wait and see what the Halifax say.

 

Thanks

 

Karen

[mooner76]

They have left my account open so still going to use it. They have put a bit at the end of the letter along the lines of we reserve the right to close your account should you get any more charges etc but if they do Ill just move my money elsewhere - their loss!

[Lucycat]

Mooner, I just gave MCOL a ring with my claim number (after I'd checked all the money was in the account & snaffled it away to safety!) and advised them that the claim had been settled. The number is: 0845-601 5935 (9-5, Mon-Fri.)

 

Was very quick and painless! :O)

 

Lucy.

[mooner76]

Cheers lucy - I shall do exactly that!!