Lulu99 v Halifax

[lulu99]

I have today recieved a letter from Halifax it says:

 

Dear ...... .......

Further to our letter of 27th April 2007. I'm sorry that you have not yet had a full response tob your concerns.

 

We're still investigating your complaint, and you will recieve a response from us as soin as possible, but certainly no later than 22nd June 2007.

 

Our complaints leaflet , which we sent to you previously, explains how we will handle your complaint.

 

 

What happens now??? I cant even afford the court fees.

I will have to find the money from somewhere!!!

 

Would someone please give me some advice.

 

Thanks.

[muggins73]

Hi lulu,

Exactly the same lame response I received, and I am also in excactly the same predicament as you are lovey with no money in the kitty to start court proceedings:(

I am piecing together my N1 claim form along with an EX160 form which is an application for a fee exemption or remission. Have you thought of trying this? Basically, if you receive both Working Tax Credit and Child tax Credit you are totally excempt, however, if you are on a low income (and receipt of any benefits) the judge makes a decision about how much, if anything, you have to pay towards the fee.

You can only do it this way round if you complete your claim form via the courts and not MCOL. Have a look at the following site for help and advice Her Majesty's Courts Service - Home

 

Hope this helps:)

[sea-sidelady]

Dont worry lulu, its another stalling letter, just carry on.

 

You have probably been asked before, but is there any chance you could be exempt from paying court fees?

[lulu99]

Well we are in receipt of working family tax credit and child tax credit, so does that mean I would be exempt?????

 

My other half was made redundant on Friday. The company he works for has gone into administration. All the workers were made redundant without notice.

We have also discovered that we are not covered for our mortgage. We thought we were but the Halifax have told us we are not. So thats a body blow.

When we took the mortage out with Halifax we thought the ppi and the mortgage payments were all included in the total monthly payment. It appears that isnt the case. We aren't covered.

He is desperately looking for a job, so hopefully it wont be for long.(sorry fot slight change of subject!!!)

Anyway our luck seems to be getting from bad to worse.

 

Right back to our original conversation:

How do I go about making a claim to the courts ???

 

Thanks to all who have given me advice it is very much appreciated.

[moneyhelp]

Oh Lulu that sux.

Try and keep strong and remember we are all here for you.

If it's any consolation things with me have gone from bad to worse too, hence my signature LOL. The Halifax being my main downfall

 

Sending you and your family lots of supportive hugs

 

And I am sure Sea side lady will be along shortly to help you with the courts.

[moneyhelp]

Oh and did you get the harassing calls stopped?

[sea-sidelady]

Yes you will be exempt. But you will need to file at your local county court. N1.

You will need to take proof of your benefits.

 

Here is your N1 form..

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

Here is the Poc..

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

When you get to the court they will look overt your claim and have you sign the EX160 form, they will fill it out.

 

Copy everything 3 times.

 

If you need more help, just ask.

[lulu99]

Thanks seasidelady. I will follow your advice.

 

Thanks moneyhelp. After I sent the cccs forms to halifax credit cards , they have accepted the token payment, and the calls have stopped. I am so relieved that the phone isn't ringing day and night.

[lulu99]

Seasidelady - Do you know if I can collect an N1 form from the court and fill it in. My printer is broken and I cannot print the N1 form .

 

Also what do I have to have 3 copies of?? Is it 3 copies of the N1 forms?

 

Sorry to be sounding so dim, but I have no idea.

 

Thanks.

[**Tilly**]

you need three copies of your n1 poc and spreadys good luck

[sea-sidelady]

Yes, the court can provide you with all the forms you need. And you can hand write them.

 

Ask for 3 copies as you will need to hand back....

 

3 N1 forms,

3 Pocs,

3 spread sheets....including interest.

 

And your proof of exempt.

[Guest littlesally]

At this pint I sent the letter in post 68 here ......

http://www.consumeractiongroup.co.uk/forum/natwest-successes/26339-littlesally-natwest-3.html

 

They caved in within four days.

Can't promise you will win with it. It has worked for some, but not others.

 

Sally x

[muggins73]

Well we are in receipt of working family tax credit and child tax credit, so does that mean I would be exempt?????

 

My other half was made redundant on Friday. The company he works for has gone into administration. All the workers were made redundant without notice.

We have also discovered that we are not covered for our mortgage. We thought we were but the Halifax have told us we are not. So thats a body blow.

When we took the mortage out with Halifax we thought the ppi and the mortgage payments were all included in the total monthly payment. It appears that isnt the case. We aren't covered.

He is desperately looking for a job, so hopefully it wont be for long.(sorry fot slight change of subject!!!)

Anyway our luck seems to be getting from bad to worse.

 

Right back to our original conversation:

How do I go about making a claim to the courts ???

 

Thanks to all who have given me advice it is very much appreciated.

 

lulu,

check out my original response thread #77.

With both working and child tax credit you are completely exempt, yes:)

[muggins73]

Yes, the court can provide you with all the forms you need. And you can hand write them.

 

Ask for 3 copies as you will need to hand back....

 

3 N1 forms,

3 Pocs,

3 spread sheets....including interest.

 

And your proof of exempt.

 

If you check out the hmcs website all forms can be filled in online (including EX160 excemption form).

Good luck.

[lulu99]

Thanks Muggins73.

Just one more quick question: If I did this on line as you suggest, do I have to print it. or will it be on the courts data base thingy???

 

I havent got a printer.

 

Do I fill it in online and then go to the court and tell them I have filled it out online???

 

Sorry to sound thick. Thanks

[Michael Browne]

No you have to print it out. So either get a friend with a printer to download the forms or call your local County court and they will send you them in the post.

[muggins73]

As MB has quite rightly advised get a friend to print them out for you or contact your local county court and they'll send them via the post.

 

The benefit of doing it online is that you can print off 3 copies of the N1 claim form and a copy of the EX160 form and send it all to your local cc. Pls note that unfortunately you are unable to save the completed forms to file on your computer as the hmcs site doesn't allow you to (which is why you need copies:))

 

If you get the forms from the court, you'll have to make sure you photocopy them.

[lulu99]

Quick update: I have got the forms from the county court. Here goes.

 

I am petrified!!! Well I just want my money back. xx

[moneyhelp]

Lulu, you will be just fine sweetie, you have us all to back you up

 

GO FOR IT!

[sea-sidelady]

Dont be scared. Any help you need just ask.

[muggins73]

Lulu, you will be just fine sweetie, you have us all to back you up

 

GO FOR IT!

 

Dont be scared. Any help you need just ask.

 

HERE, HERE:lol:

[lulu99]

Well - I rang the helifax a couple of days ago enquiring how my claim was progressing.

I was told that a response letter is in the post. The person would not tell me anything , he wouldnt give me any details.

I phoned again later on and spoke to someone else. He said there is a response letter on its way. I asked what was written in the letter.

 

Yes - you guessed it - blah blah blah the halifax are NOT going to pay up basically.

I said to him okay thats fine , I just wanted to know because I am about to take you to court.

He said why? WHY do you want to go to court???????????????????

 

Anyway I have handed the court papers today in the county court. - What a nightmare. I hadnt added up the contractual interest properly.

The woman was lovely though, she gave me a calculator and I eventually worked it out.

They are now handed in.

 

I am still waiting for my response letter.

I am going to take it all the way. Bailliffs next.

[moneyhelp]

Thats great - remember to ignore any fob off letter and stick to your timescales.

There are a few of us at the same stage as you

[**Tilly**]

will be watching lulu good luck:-)

[lulu99]

Thanx guys . This is nail-biting stuff!!

 

I cannot understand why they are being so stubborn my claim is only for just over £1.000.

 

I still havent recieved the response letter they said was put in the post on the 15th June.

 

I OFFICIALLY LOATHE THE HELIFAX!!!

 

There I feel better now!.