diabolical vs. Halifax PLC**won**

[diabolical]

I'm not sure, but do you not wait a few days until you are allocated a local court and then send the charges spreadsheet to them?

 

I thought from reading the MCOL Claimant User Guide that all MCOL claims went through the Northampton County Court?

[Layla_ck]

Oh, maybe I am wrong then, I'm not sure, I would like to know tho as I filed today

[diabolical]

just be nice & calm, explain where you are in your claim, she will ask for your ref number & if she dont agree to your full amount ill eat my hat?

 

You don't have to eat your hat, it's ok.

[MR2Phil]

Isn't it one for the court, another for the defendant (bank) and one for yourself? I'm sure someone else will clarify.

 

I'm nervous about taking on Halif*cks Credit Card as its about £200 over its £550 limit. I think I'll just wait until I get money back from my Halif*cks current account and then pay a load off, THEN claim....

 

Then its on to Egg, Ikea, Barclaycard....God, it makes sound like idiots getting into trouble with all these institutions, doesn't it?

[diabolical]

I've got another 6 to do after this - this one I'm just practising to get the procedure perfect!!! It's my mess-up, I probably didn't read something somewhere that I should have :o

[gizmo111]

MCOL - all claims initially go through Northampton as it is a bulk clearing centre - lots of people have sent schedules through post to MCOL to be added to their claim. When the defendant ticks the box that they are going to defend then it gets transferred to your local court for allocation.

 

Both claimant and defendant are in same court - obvious really or how would the judge hear both sides.

 

Re- issue your claim - up to you how you do it - I personally prefer using an N1 and taking/posting to my local court as there is more space on form and you can add schedule from beginning.

 

If you have any further questions please ask.

 

Hope this helps.

 

Good Luck

[diabolical]

That's why I had the confusion, because the lady at MCOL said there was no point sending anything as it wouldn't be added to the particulars.

 

I agree about your points regarding doing it at a local court, seems less hassle that way - when I get the refund by Money Order and have waited for it to clear then I'll restart it at my local court, just dont have another £120 to spare right now. So basically it's just time-wasted.

[diabolical]

UPDATE...

 

I've been ill for a while and haven't been able to do much :/

 

I contacted the Halifax on 01383 743354 today to reject their offer of £387.50 against my claim of £1420. The lady who dealt with the call said that now I've contacted them, they have an automatic 4 weeks to respond with a further offer and I have to allow them this time (this being despite the LBA running out on 30th Jan).

 

Can someone tell me if what this representative of Halifax was saying is correct or am I free to pursue this in court at any time?

[xlr8r_y2k]

hi Diabolical, haven't been updating my own thread but will after I post this, basically they way mine has gone so far is this, after getting letter rejecting my claim outright on the 9th of February I was waiting to the end of the month to file an online calim and I received a letter on the 24th of Feb offering £367.50 of my £843 claim, it said I had 7 days to respond, phones them straight away on the number on the letter and was told the were 'escalating' the claim and someone would be in contact, recieved letter on the 6th of March upping the offer to £500, phoned them again saying no deal, told again they would be 'escalating' my claim, received letter today offering £735! am tempted to settle for this cos at the end of the day I incurred the charges are they are within their rights to charge something but am also tempted to make another call.

 

well now I've told you my saga so far I would say look at the timescale of my letters, I would suggest it won't be long before you get an offer, don't worry hang in there!

 

xL

[diabolical]

Well...

 

I waited the 4 weeks and no contact whatsoever from the Halifax about this.

 

A few days ago I went to the court and started the claim... it was easy and I'm kicking myself for not doing it sooner!

 

/edit Today I received my latest statement - apparently they're informing the credit agencies that I've missed payments... this wouldn't have happened if I hadn't needed to save up £120 to take THEM to court so I could get MY MONEY back... grrrrr

[diabolical]

Looking through my N1 claim I started on 9th May, I realise now that I've made a (serious?) mistake when filling out the N1 claim form. In the Particulars of Claim I put Value as Charges + Interest@8% + Court Fee, but when I put the Amount claimed it was just the Charges... reading messages on the forum I now know it should have been Charges + Interest@8% that was put there.

 

Is it too late to get this sorted properly?

[diabolical]

I found out from the court it will cost £65 to change the information...

[diabolical]

Looking through my N1 claim I started on 9th May, I realise now that I've made a (serious?) mistake when filling out the N1 claim form. In the Particulars of Claim I put Value as Charges + Interest@8% + Court Fee, but when I put the Amount claimed it was just the Charges... reading messages on the forum I now know it should have been Charges + Interest@8% that was put there.

 

Is it too late to get this sorted properly?

[diabolical]

also is there a possibility that this claim could be thrown out as it stands?

[sea-sidelady]

You can alter your claim using the N244 form.

 

It will cost £35 which is non refundable.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

[diabolical]

Thanks for the info sea-sidelady I thought I was doing so well with this claim, then discovered the mistake I made :-/

 

Looks like a few awkward questions on the N244, would it be best to take it to the court and ask advice on what to put in?

[Michael Browne]

See halfway down post #1 on how to fill in N244 to amend a claim.

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html#post375815

[diabolical]

RESULT!

 

Halifax has reimbursed the full amount claimed = £1540 (£1420 charges + £120 court fee) into my CC account, reducing the debt to them which I'm extremely pleased about. I lost out on £295 interest through not filling in the N1 correctly, but that was my daft mistake. As soon as I can afford to, I'll make a CAG donation.

 

Thanks ppl for your help with this

[moneyhelp]

Great news!

 

 

CONGRATULATIONS!

[sea-sidelady]

CONGRATULATIONS..!!!

 

Thats brilliant news. Well done. :D

 

Thankyou for the donation, dont forget to do the survey..

[diabolical]

dont forget to do the survey..

 

Thanks for reminding me, survey just done!