Sarahdactyl vs the Halifax

[sarahdactyl]

Debt Mountain - long time no speak!

 

Thanks for the response - I thought as much, I'll just submit the MCOL on Tuesday as originally planned, I doubt that sending them a further rejection letter and giving them the opportunity to make us another offer will yield the response I'm after so why not. I know the procedure now after all!

[sarahdactyl]

Just to confirm (submitting MCOL on Tues) in the "amount claimed" box it's the bank charges plus the 8% interest figure?

 

So final total is that + the court fees?

[hillards]

+ the fee you paid for your statements, if you did. May as well get that refunded too.

[sarahdactyl]

Thanks Hillards

[sarahdactyl]

Last time I used moneyclaim I used the following:

 

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

Is this still ok to use? The version in the templates library is slightly different

 

I'm so excited about submitting this moneyclaim - I absolutely cannot wait to get the money and have my lovely engagement ring! (Well, that and fix the dent in the car)

[sarahdactyl]

Submitted the MCOL this morning

[sarahdactyl]

Oops - have just noticed that I have entered an incorrect total in the amount claimed box by 50 pence - this shouldn't matter too much should it?

 

No idea how that happened!

[Deller]

If you're really worried you can change it if you only submitted it today.

[sarahdactyl]

Do you think it's necessary for 50p - will the fact that my figures don't quite add up go against me? (It's 50p lower than i was after rather than higher)

 

Am I able to amend online or do I need to give Moneyclaim a call?

[sarahdactyl]

I didn't end up amending it in the end - the figures in the main body of the text are correct after all.

 

Claim has now been issued by MCOL and so am waiting for the Halifax to acknowledge it.

[tezviper]

Nice one, I got paid about 10 days after filing my claim with MCOL so hopefully you should be well on track for a good xmas.

Just another thing I emailed Rachel Hinchcliffe in the Halifax Legal department after filing my claim. I Just asked her where I needed to send the updated list of charges to go with the claim, but really I was just trying to alert her to the fact that I filed and so she got someone to look into it. I really believe this helped speed up my claim and so it may be worth doing on Monday morning or something.

 

Ms. Rachel Hinchliffe

HBOS PLC

Legal Services - Retail Division

Trinity Road

Halifax

West Yorkshire

HX1 2RG

01422 391096

Fax: 01422 333453

Email: rachelhinchliffe@HBOSplc. com

 

Good Luck

[aardvark the lecturer]

Sorry, just read the above post properly, mistook tezvipers post as from you Sarah!!!!

 

Good luck and I hope it won't be long now....

[sarahdactyl]

Thanks Tezviper and Aardvark for the support

 

Halifax acknowledged the claim today and so now have a further 28 days to reply.

[sarahdactyl]

I am so rubbish at waiting. Any guesses on how long they'll take to give me the money?

[debt_mountain]

They have 28 days from the date of service, not another 28 days. That should reduce your wait a little.

[tezviper]

Mine was 9 days after filing MCOL, and like I said I emailed Rachel Hinchcliffe which may have helped thing along.

[sarahdactyl]

Still no money! We have however received another letter from the Halifax saying that they are charging us 30 quid for going over our overdraft limit!

[sarahdactyl]

We won! Checked bank balance yesterday and the money has turned up! Yay! Suppose we'd better cancel the moneyclaim now!

 

Of note, we have just received notification that we are to be charged a further 60 pounds for 2 items that there was no funds for and then a 28 pound charge for going over the OD limit.

 

My other half gave the Halifax a ring to ask if they'd reverse them, mentioning that they'd paid us back 1900 pounds that day so charges were obviously unfair etc - lady went away to talk to manager about doing it.... and.... if you claim back your charges you have a flag put on your account (A difficult customer flag I suppose) and the usual staff are not allowed to deal with you! You can only deal with the Customer Relations dept!

 

We will be opening a parachute account before going after these charges - may leave them a while!

[hillards]

Well done on the win! Just in time for some last minute Christmas shopping.

 

Customer Relations may play awkward, but who knows - always worth trying them and see what they say.

 

The other suggestion is to contact the person who sent your offer letter, and ask them to look inot this.

 

The letters they send usually reassure customers that they want to help.