kat81 v Halifax **WON**

[sea-sidelady]

Dont forget to take 3 copies of everything.

 

3 x N1

3 x Poc

3 x spread sheets including interest

And proof of exempt

[kat81]

Well I think I've got everything together, and off to the court at some point today.

 

I know that this is probably the wrong time to bring this up but I will do any way! When the SAR letter has been sent with the £10 cheque is it usual for the Halifax to send copy statements for you to sit through with a highlighter and mark all the charges? Reading other threads this seems to be the case. I never received my statements after the initial 40 days, then I forgot about it for months then decided to find out where they were a few months ago as the cheque had been cashed. After speaking with the Halifax they said they would definately send them out but all I got was one sheet of paper listing charges on my account, completely missing out the year 2006 (I'm thinking that should have been my worst year for charges) but not thinking anything of it I just worked from that one sheet and that is how I've ended up at this point.

 

Should I have chased for actuall statements and also the details for 2006? Have I messed it up?!

 

I hope some of that made sense!! The past few days I've been doing all this at work and not actually doing anything else, this is so much more important than work at the moment!

[srpmatt]

to be honest if 2006 was your worst year i would definatley be chasing up those other statements, but what you could do is carry on your claim as it is then do your 2006 charges as a seperate claim or if you get your statements quick enough you could probably ammend your claim

 

dont quote me on that, but from what i have read on other peoples threads i am sure that was the advise given

[sea-sidelady]

Yes you should of got ALL your statements,

 

You paid your £10 SAR Fee, so you are entitled to them all.

You should send this letter giving them 7 days to send them. It is always hard to estimate charges.

 

As well as not quite knowing how much, you could be seriously under valueing your total.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Dont forhet if you want to change anything after you have filed at court, you will have to pay a £35 fee, non refundable, and it delay your case for a few weeks.

 

Also dont forget to add your £10 SAR Fee to your Poc. Claim it back.

[srpmatt]

lol, thats what i meant, only you do it so much better at putting it across

 

sea-sidelady to the rescue again

[kat81]

Thanks for the advice about my 2006 statements, I'll see what happens with this first claim then I'll give 2006 a go!

 

Well I've got everything sent off to court and had the letter from the court so it's just a matter of waiting to see if the Halifax will reply by the date given to them by the court. I'm just convinced that I'll not get anything back and I'll be the only person who isn't entiltled to their money, is that my just being a pessimist?!!

 

I hate all this waiting for replies from the bank!

[kat81]

Surprise, Surprise! I need some advice again!

 

After I handed everything in at court I recieved something called 'Notice of Issue; (I think). It stated on this form that Halifax had until 25/6/7 to either contact me or the court directly.

 

I haven't heard a thing from anyone. Should I now follow the letter insructions, which aren't that clear, and send it back to the courts to say that I've not heard anything from the Halifax?

 

What does it mean if they've not done anything, they haven't admitted anything or offered me my money back but at the same time they've not tried to defend them selves.

 

Any help or ideas??!!! Thank you!!!!

[wobbler84]

Think the generalview is send them the" seven day 2pay up or else! letter giving them final chance to pay" notice that the money seems to appear pretty sharpish after they receive that and realise that you have already filed at court!! wouldnt be surprised if they lose a few claims in their never ending systems/departments....but once they locate the fact you have filed N1 and deadline passed...you will be fine!!

[**Tilly**]

hi ya you need to send the 7 dau before judgemnt letter have a look at this link

 

Default Judgement?

[kat81]

Thanks for the advice but just got home today and found a letter from the court waiting for me.

 

Halifax are submitting a defence and so I don't know what that means. Do I just sit and wait? And have I no chance of getting anything back off them if they are going to defend against my whole claim?

 

Am slightly worried and it just seems like I'm never going to win this and that the Bank will have won again.

[moneyhelp]

Did they send you a Allocation Questionnaire?

[sea-sidelady]

now you have to wait 28 days from when it was deemed served.

 

It is perfectly normal, try not to panic.

[kat81]

Moneyhelp,they haven't attached anything to the letter, it was just a 'Notice that Acknowledgement of Service Has Been Filed'. Will the questionnaire be sent later?

 

Thank you for the support sea-sidelady, I get so easily scared by official looking letters! I guess I should just sit back and wait then, I think it'll be around 20th July that the 28 days will be up as it's dated back to 22nd June.

 

Kat

[sea-sidelady]

It is very doubtful you will recieve a AQ.

 

The letter you recieved is the one everyone recieves.

 

And it is perfectly normal to worry when official letters are landing on your floor!!

A few deep breaths, you are doing fine.

 

Keep checking your account aswell.

[kat81]

Hello, I've been sat for the past couple of weeks waiting for anything else to come through the post from either the bank or the court and I've receiced nothing.

 

On this coming Friday (20th July) it is the last day of the 28 days since Halifax told the court that they would be sumitting a defence for the full amount of the claim. Could anyone please tell me what to do if it gets to Friday and I've not heard anything, do I need to get in touch with the bank / court.

 

Any help / advice would be great!

 

Kat x

[sea-sidelady]

If you hear nothing by friday, then you can either send the 7 day letter in the link above which Tilly gave you, or go for judgement, also in the link.

 

But the chances are the money will appear in your account before then.

Just a little longer on the wait.

[kat81]

I've got my money back!

 

Just check my bank account this morning, I don't even know why I looked as I thought it was empty!

 

The Halifax have paid up for the total amount of my claim, I just can't believe it at all.

 

Thank you so much for all the help that you have all given me, I klnow that I have been completely usless at this whole thing from start to finish!

 

Sea Side Lady thanks especially for all your help and encouragement!

 

I will definately be making a donation to this site as without it I would have just let the Halifax have my money and not even thought about getting it back!

 

:) :) :)

[moneyhelp]

CONGRATULATIONS!

[sea-sidelady]

CONGRATULATIONS KAT..!!!!

 

Well done, now all you need to do is SPEND IT!! :D

 

Thankyou for the donation, dont forget the survey..

http://www.consumeractiongroup.co.uk/survey.php