*********i Won I Won I Won *****

[michellecorlett2005]

have just completed my court claim letters, but am holding on to them till start of next week waiting for yesterday's charges to add in, I have also sent them a letter stating that I will be adding all additional charges in to the court claim, I expect it will go up from the 500 quid to nearer 700, so reaching the limit for scottish courts - but i aint giving up. Thanks for all your advice, is really helpful

 

Michelle

[michellecorlett2005]

Hi there

 

can anyone answer the following - I have a halifax account that was closed in 2002 because of loads of charges, I want to claim this back from them, but Scottish law is you can only claim for 5 years. The account was opened in Wales, so can I go under english law and back 6 years to claim.

 

cheers

Michelle

[thewifeandI]

You would need to claim at an English/Welsh court and use the Halifax (Trinity Road) address for the bank, but I can't see it being a problem. You also get the larger limit on small claims too. Bear in mind that if required to attend court you would have to travel, so make sure it's practical before going ahead!

[michellecorlett2005]

They phoned me this morning - got a right stroppy little madam on the phone who was not averse to showing her indignation when I stated that it wasn't appropriate to default me as this occurred solely through bank charges. They are now demanding that I pay in to my account £185 to bring within overdraft, but is solely charges on my account that has added this balance.

 

Is there a letter anywhere that I can send to them to say - get a grip - I have just lodged a court claim with you which will be heard on the 26/01/07, you can no longer do this to the consumer - can I add to my claim the additional charges and make a note of the threat to register a default on my account.

 

Roll on the court day - EGG on your face when you have to pay up

[Guest littlesally]

No they can't default while this is going on and yes you can add any further charges.

Personnally, I would mention the threat on everything I could as it shows they are being unreasonable.

[michellecorlett2005]

thanks for that, did find a letter which was delivered to the branch by hand, can't wait for january 22nd to see if they file a defence.

[Isiris]

Dont think you will be able to add any more charges TO THIS CLAIM only at a cost of 35 but it isnt recoverable

[Guest littlesally]

Also, keep everything in writing, photocopy all that you send and if they ring you say you don't conduct your business on the phone. That way you will not have to depend on memory.

[michellecorlett2005]

Well I never thought it would happen, but I won, got all my money back off the halifax, 740 quid, all spent buying stuff for my new house and of course donating to the CAG - fantastic website, now to take on the rest -

 

a word for anyone just starting, persevere, it is well worth it in the end.

[superowls]

congrats, really gives me hope for my claim even though i am still waiting for statements!