Russell Vs Halifax

[mercman1969]

Hi,

1st post on here although have used the letter templates in an attempt to claim back my bank charges from the Halifax

Sent my initial letter to get my statements, then sent the letter asking for my money back and threatening court action against them

This letter was sent recorded delivery and was delivered on 20th December 2006

My question is, although the 14 days has expired, do i give them a little longer to account for the Christmas/New Year Holidays?

Regards

Pete

[hillards]

14 days is 14 days, they wouldn't give you any extra time if they were chasing you for money...

However, the courts do tend to allow bank holidays as adding a day or two to the time when they deal with these things. You also have to allow a couple of days after posting your letter(s) before starting to count 14 days, as it is from the date they receive the letter. Again, that's what the courts do, you don't have to stick to that if you agree with 14 days being 14 days...

Overall, you have to be seen to be firm but fair. If you don't allow enough time then you're pushing it, if you leave things too long then the bank may think you're not as serious as you made out.

[mercman1969]

Hi,

Well would you believe it. Got home this evening to find a letter from the Halifax making me "An Offer". This amounts to approx 75% of the amount owed.

Question is: Do I accept their offer, if not what is the next step as there is nothing in the letter to suggest a polite decline route of their offer?

Do I now just submit the papers to the court? Halifax said if they did not hear anything after 8 weeks, they would assume all was well with their offer?

What is the next step and how please


Regards

Pete

[Boobaby]

Originally Posted by mercman1969

Hi,

Well would you believe it. Got home this evening to find a letter from the Halifax making me "An Offer". This amounts to approx 75% of the amount owed.

Question is: Do I accept their offer, if not what is the next step as there is nothing in the letter to suggest a polite decline route of their offer?

Do I now just submit the papers to the court? Halifax said if they did not hear anything after 8 weeks, they would assume all was well with their offer?

What is the next step and how please


Regards

Pete

Hi Pete
The choice is now yours you can either accept the offer as a partial settlement and send the template letter stating this which basically says you are accepting the offer in part settlement but will be submitting a claim for the oustanding amount or you can wait until the 14 days are up and go ahead with a court claim or MCOL. Either way you are looking to claim back the full amount - yes?
Carry on - I claimed over £4000 from the Halifax after having a paltry first offer I went ahead with the Court Claim and had the full amount back.
Hope this helps
Boo

[hillards]

Send them this letter - http://www.consumeractiongroup.co.uk...ent-offer.html

They never pay the 'partial settlement' amount, they just withdraw the offer totally. The options are:
1) continue down the path of taking them to court.
or
2) call the person who sent the offer letter and ask them to consider payment in full.

If you read my thread (http://www.consumeractiongroup.co.uk...j-halifax.html) you'll see that I did this and got a settlement, without needing to go to court. It works for some, there are many threads where this has happened, but it's totally up to you.

You set out to reclaim your charges, you've given them opportunity to make matters right and they've made a lesser offer. If you can get them to offer more they may as well make it the full amount, in which case you win and go no further. If you don't get 100% then be polite and say it's not acceptable, then do the MCOL or court papers.

Eirther way they will pay up, and going to court just means they ahve to repay your court costs and give you an extra 8% interest. You can't claim that is you settle prior to filing at court of course.

[Boobaby]

Originally Posted by hillards

Send them this letter - http://www.consumeractiongroup.co.uk...ent-offer.html

They never pay the 'partial settlement' amount, they just withdraw the offer totally. The options are:
1) continue down the path of taking them to court.
or
2) call the person who sent the offer letter and ask them to consider payment in full.

If you read my thread (http://www.consumeractiongroup.co.uk...j-halifax.html) you'll see that I did this and got a settlement, without needing to go to court. It works for some, there are many threads where this has happened, but it's totally up to you.

You set out to reclaim your charges, you've given them opportunity to make matters right and they've made a lesser offer. If you can get them to offer more they may as well make it the full amount, in which case you win and go no further. If you don't get 100% then be polite and say it's not acceptable, then do the MCOL or court papers.

Eirther way they will pay up, and going to court just means they ahve to repay your court costs and give you an extra 8% interest. You can't claim that is you settle prior to filing at court of course.

I apologise if my advise was misleading what I was actually referring to was a portion of the template letter that actually states the following:

Thank you for your letter dated xx/xx/xx
I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.
Boo

[mercman1969]

Hi Folks,

Just about to send my rejection letter to their offer letter.

Since I started this have also had a couple more charges added to my account! which is the best way to attack claiming the extra?

1. Just write a letter rejecting their offer but pointing out the additinal charges being claimed for

2. Reject this claim and begin a seperate claim for the additinal charges?


Cheers

Pete