willmurr v halifax

[willmurr6]

Hello all you Scottish buddies,i would just like to ask i have made a claim against the halifax,have sent prelim claim of charges due to send lba letter on tues 3rd oct havent heard anything from halifax,so my question is i sent my first letter to the mound in edinburgh was that the correct place or should it have been to trinity road.Thanks in advance for any help.

PS i have also posted on the halifax site.

[buzby]

Providing it was HBOS Plc, then The Mound in Edinbugh is the correct address to serve your request.

[willmurr6]

Hi

Was wondering if anyone can give me any help,our 14days are up today from sending LBA we havent had any offer or anything from halifax except a letter from customer services acknowlidging our complaint that was on 25th sept nothing else since.My queiry is our claim is for around 4k what is the best way to claim is it lots of small claims or 3 summery cause claims as we are hoping to start court procedings tommorrow.Hubby went into sherrif court today to enquire they told him to do a summery cause we would have to serve the summons ourselfs anyone any info how you would go about this and has anyone else heard of this.must admit i am getting a bit anxious now and dont want to make any mistakes after getting this far.

Thanks in advance

[buzby]

BY seving it yourself they mean arranging for proper service to be made by an Officer of the Court (Sheriffs Officer) the fees are the same - around £15 by post oir £30 in person, you'll get the list of them from Yell.com the UK's local search engine - search for UK businesses

 

Regarding them doing nothing, I have sent LBA to my orginal Bank's MD without response, and one to the Mound - that one that DID generate a response was one sent to Halifax in Trinity Road, Halifax - their Commercial Risk - Retail department there. They also supplied my SAR at no cost, so I'm currently going through this. To save the problems and expense of going to court at this stage, you might be better served to re-issue your LBA/SAR request to the Halifax address first.

[Mairi]

hi Willmurr

I wouldn't waste anymore time with another LBA. My OH got the same letter of reply that you have, and nothing else. I issued the first of 3 small claims for him when the LBA time ran out. He has just had his 3rd small claim settled.

 

Just remember to submit 1 claim at a time, wait till no1 is settled and when you visit the court to hand in letter saying "claim is settled, please dismiss case" Hand over claim2.LOL

[willmurr6]

Hi mairi

Thanks for your reply can i ask how many small claims are you going for,and is it £39 every claim you put in.How long did it take between claims,sorry for all the questions but don't want to make any mistakes at this point.

[Mairi]

hi, ask away,LOL

£39 each time for either summ cause or small claim, but with summ cause it costs around £30 for a Sheriff Off to serve the summons,(although you get this back too).

3 sm claims for Mr Mairi, (started in Aug, all done now) 2nd one settled in 1 week, 3rd one settled in 10 days.

1 small claim + 1 summ cause settled for me, onto no2 summ cause. One more (small claim) to go once this has been settled.

Started my first in June, court was v busy then and court date was 11 weeks away. This one was settled 7th Aug. Think they have more staff now and dates for court are now around 5 weeks. Took 4 weeks for summ cause to be settled.

Hope this gives you some idea.

[willmurr6]

Thanks Marie

We have decided to do 2 summery causes and 1 small claims,hubby has just phoned sherriff court and they have also recommended this being the best way to do it said they have dealt with a few claims so far,the lady at the court was very helpfull just like all you good people on this site.So hubby is filling forms in as i write,will take them to court tommorrow hopefully wont have to wait to long to get our money back,then we will be donating to the site.Will keep you posted of any developments.

Thanks again

Willmurr6

[willmurr6]

Just to update served our first summary cause yesterday am doing 3 summery causes our first claim will be called on 7dec it cost us £39 plus £15.64 for a summons to be served by a sheriff officer working it out it is cheaper to do 3 summerry causes total £163.92 than 6 small claims total £234 i know you get this back if you win but thought i would just inform you out of interest.So it is just a case of sit back and wait now as we haven't had any offer or anything from the halifax.will keep you posted of any developments.

[willmurr6]

Robertxc

Would just like to thank you for your reply no doubt i will be back in touch if i hear anything.Thanks again

[willmurr6]

Hi All,i have just posted on the halifax site but was wondering if anyone can help me here.i filed my claim in court on 20th oct,deemed served 26th oct,received an offer 4th nov replied thanks but no thanks using the letter from the library,adding i had already started court procceedings this was sent on 6th nov.as of yet no response.the bit that is confussing me is i have read a lot of claims on here where if the halifax haven't replied within 14days you can go for a judgement can anyone PLEASE explain this to me,as our 14 days were up on 9th nov phoned court on 10th nov they said this didn't apply and the halifax have until 30th nov to defend is this because we are in Scotland and is it different in England,our calling date is 7th dec,am starting to get very nervouse now as i thought we would have joined the happy bunch of settlers by now.Hope someone can PLEASE help me .

[buzby]

Your're confusing me too! The dates that are important here are the Return Day (where Halifax must state their admission or defence) and the Hearing Date, usually 7 days after the Return Date.

 

Assuming you've reached the first date, call the court and ask them if there has been a response from the Defender. If not, on or shortly after the Hearing Date you make an application to the court for Judgement by default - once you have this you advise the Halifax you have obtained judgement and give them 14 days to respond. If they do not, you instruct Sheriff Officers to serve a Charge on the bank, which is followed by recovery action if they don't meet the claim.

[willmurr6]

Hi Buzby

Thanks for your reply and i am sorry for confusing you as well,the return date for the court is 30th nov and the hearing date is 7th dec hope this clarifies this a bit.Still didn;t think it would go this long when you read of other claims that have been settled they seem to be a lot quicker.On there last letter dated 1st nov there was a phone number to ring quoiting ref no do you think i should phone or just let it take it's time.Thanks again

[buzby]

Do you mean a letter from the court? That will be your Summary Cause reference and you'll call them AFTER the Return Date. I'm assuming oyu already arranged service of your action by Sheriff Officers (it is done for you by the court if a Small Claim, but you need to arrange service if a Summary Cause ot Ordinary Action.

 

As for awaiting a response from Halifax, they have until 30/11/06 to negotiate with you and agree to settle so there's plenty of time yet!

[willmurr6]

Thanks again buzby for your reply,the letter i was on about was from the halifax with an offer which had the phone no on it.And yes the summery cause was served by a sheriffs officer,hope i haven't been to much of a nuisance but thanks for replying to me.

[buzby]

Ah - I see now. It would be courteous to at least reply to the Halifax, saying that their offer has been received, however Court papers have already been served, and give them the Case Number, Return and Hearing dates. Add in your last paragraph that you hope a satisfactory resolution can be reached before the Return date.

 

That means you're showing the lines of communication are still open, and ready to negotiate (but on the basis of action raised, not their interim offer).