Sharmads V Halifax

[sharmads]

Thanks for your thoughts do you not think that if it goes to court the judge may think that I hadn't tried to explore all avenues?

[livelylad]

Thanks for your thoughts do you not think that if it goes to court the judge may think that I hadn't tried to explore all avenues?

 

 

You have explored all avenues, its considered reasonable to allow 1 month to negotiate a settlement. They have choosen not to settle. You will be fine, submit your claim trust me.

[stevesj]

i agree with the above - I tried to negotiate my settlement and have filed. All the Haliprats said was "we'll pay your charges but you'll have to take us to court for the interest" - so court it is!

 

Good luck, although I'm sure you won't need it:rolleyes:

[sharmads]

Can someone help me please i am about to enter moneyclaim online and have come unstuck already!

On the particulars of claim what are you supposed to write?

[sharmads]

Ignore Me I'm An Idiot!!

[sharmads]

I've started my moneyclaim today and I'm having problems I am unable to work out my interest. I know the days since the offence ie 'Charges as notified' do I simply times the number of days by the figure of 0.00022 or do I times the number of days by the daily rate figure.

[sharmads]

Moneyclaim filed, figured it out just had a bit of a blond moment there please excuse me.

[Warms]

Moneyclaim filed, figured it out just had a bit of a blond moment there please excuse me.

 

Great, shouldn't be too long now!

[LlinB]

Hello Sharmads

 

Am at exactly same point as you and also had a letter this morning saying they would be in touch no later than 2nd May. Am very nervous about submitting the MCOL though I have filled it all in. Have to put kids to bed now so may come back downstairs and press the SUBMIT button in a while.

 

Fingers crossed that you hear from them soon.

[sharmads]

Hi LlinB,

Thanks for reading.

As livelylad said in one of my posts, Halifax have had sufficient time to respond, wanting us to wait 8 weeks and quoting FSA guildlines is unreasonable. Its all stalling tactics, press your submit button and take back control.

[sharmads]

Recieved 'notice of issue' from Northampton County Court Halifax will be served on the 10th and they have until the 24th to reply to lets wait and see shall we.

[jowalshy]

Have you sent a schedule of your charges to MCOL? They need this to attach to your claim.

[jowalshy]

Here is a template letter for you to use in order to send your schedule of charges to MCOL:-

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

 

Just edited it to your needs

 

Good Luck

 

Jo

x

[LlinB]

Hi Sharmads

 

I eventually pressed the button on Thursday so I reckon that makes me 2 days behind you. Will look out for a letter from the court this week.

 

Fingers crossed it's all straightforward from here....

[texel]

Have some thoughts for the POOR banks:p They are getting swamped by all the letters they are getting from us folks:p They hate losing money, by this I mean paying back out of their profits:D They are taking longer to reply but stick to your guns and keep to your dates;)

[sharmads]

Hi

Yes I have already sent a schedule of the charges to MCOL I sent it on the same day as I filed so they should have recieved it the following day but thanks for checking.

[emmaf01]

You should be hearing from them soon!

[sharmads]

Recieved my 'Notice that acknowledgement of service has been filed' today, a bit ominouous with it being friday the 13th!

Halifax has 28 days from date of service to submit a defence, by my reconing that should be 9th May as the cut off so we'll just have to wait and see.

[emmaf01]

I'm sure the Halifax will be contacting you soon. They need to pay you some money before they do their defence, so it can say "our defence is our terms and conditions and we paid them so much money on this date".

 

Seems to be the way they do things!

[sharmads]

Ta very much thats interesting to know.

[sharmads]

Today I have recieveda letter from Halifax saying they are arranging a payment of £669 to be credited to my account within the next 14 days as full and final settlement of my 'complaint'. I am actually persuing £846.70 so now I don't know what to do as I want the rest but not sure what the procedure is now, do I ring them and see if they will give me the full amount. How would this look if it went to court?

[texel]

You write to them saying you will accept the £ 699 as a part payment and await the bal of £ 147.70 ( provided that is the correct arithmetic) to follow. If you have a court date. then say that you look forward to meeting their representative in court on such and such a date. You can always remind them that it will increase their costs considerably by ging to court. Don't settle for less that you looking for. Good luck

[sharmads]

Do you not think phone them and see if I can negotiate the full settlement.

[texel]

By all means phone but I like to have a copy of things in case at a later date I need to look something up. I just had a phone call from BOS when I asked them which part Credit card or banking they would not tell me unless I answered secuirity questions. I said tell me who you are as I am not giving any information until I know who you are whereupon I received the same response. So I told them to write as I did not have time to waste on the phone. I checked 1471 and found out they did not leave a number so If banks don't want people to know they are phoning it does not say much for the organisation. Sorry I have got off you question but I get mad when people can't say who they are.

[sharmads]

Well rang Halifax spoke to a very nice lady called Claire who said that they were not going to increase their offer, that they have been very generous with their offer, this was as much as I was going to get and I was perfectly within my rights to pursue courts if that was what I wanted to do. So I am going to send them a nice letter saying that I will accept as a part settlement but still intend to pusue the rest of the money £179.78 through the courts and see what comes of that also pointing out that the longer this continues, the more interest is being accumulated.