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Everything posted by chopski

  1. Same here Mack! I am waiting for a defence also - they filed a defence after the deadline! grrrr Maybe if I had filed judement straight away I could have caught them out! On the website it says they defending the full amount of the claim! But have just phoned MCOL and they said that it just means a defence has gone in and when I get the defence it will probably just be disputing the remaining amount - have to wait and see! How much are you short on your claim Mack? I'm about £400 down but thinking is it really worth the stress? Will carry on at least until I have to pay more money out, then I'll think about it again. Are you going to go all the way to court? Whereabouts are you anyway? Chop
  2. Hiya, Phone the court on the 5th June and if they haven't acknoweldged your claim then yes you can file for judgement. The likelihood is they will acknowledge, this will give them a further 14 days to file a defence (total of 28 days from the served date). Then, if they don't file a defence in those 28 days on the 29th day you can file for judgement. Hope this makes sense. Good luck! Chop
  3. Well, to be honest I am not sure how they have worked it out. They made 2 payments to my account, 1 was the charges in full, the other was approximate interest they had calculated - they have not specified what interest it is. I need to phone Laura again really and find out what interest it is. Either way you look at it the payment was 400 uid short of what I was claiming so I will continue with the claim. Time will tell! Chop
  4. Well, they refunded all my charges and calculated their own approximate interest on the charges - of course this did not match my calculations! They still owe me about £400, but that is made up of o/d interest and the 8% interest. Chop
  5. I had a chat with Laura today as well!! However she was not so nice to me - she said they had already offered me what they think I am owed and Halifax to not refund overdraft interest (this is the part of my claim they have not refunded). She said Halifax will defend this! Funny how so many other people get their Halifax overdraft interest refunded! Chop
  6. hiya mackem, looks like we are in the same boat then! Mybe someone knowledgable will come along soon!?
  7. hi again! Have been reading through the guidance notes on this site and have a query... When Halifax paid the part payment into my account they wrote a letter saying they would defend the remainder of the claim, which is 423.88. The original claim was for 3524.77. Does this now mean that my claim is only for the remainder of the claim ie the 423.88? Or will the court still take the whole amount of the claim into account even though a lot of it has settled? Would be useful if it now only 423.88 as it would mean I don't have to pay the £100 Allocation Questionnaire fee. Does anyone know about this? Many thanks Chop
  8. Hi all, I phoned Halifax who said they really weren't going to pay me anymore money. I said that the deadline for filing a defence had passed and would give them 7 days to pay the remainder or I would file judgement. Since then I phoned MCOL and they have said that Halifax have filed a defence but it came through on 30th (the deadline was the 29th!) but the defence would still be accepted as there is a huge backlog etc etc. So am now waiting for MCOL to write and let me know they have defended. I now need to start reading up on AQ's etc! I assume that they are correct and that even though the deadline has passed their defence can still be accepted? The saga continues! Chop
  9. Hi Everyone, OK - Halifax had until Tuesday 29th to defend my claim and they didn't. They did pay some of money into my account but I have not written and accepted this or dclined it. I did however inform MCOL about it who told me to continue with the claim if I was not satisfied with the part payment. I am now able to tick the file judgement box on the MCOL site - shall I do this as soon as poss or shall I write to them first giving them a few days to pay up or I will file judgement? Many thanks Chop
  10. Easiest way is probably MCOL as it is all online but there is limited word count on the online forms whereas N1 has unlimited so you can detail your claim more. MCOL is usually processed faster whereas the backlog can hold things up when using the N1 route. The costs are same I believe. Good luck! Chop
  11. Hiya, Depends how much you need the money really. They said you were going to get nothing, then 2 days later they have offered you half your claim.....maybe if you stick to your guns in a short while they will offer you more? If they thought they would win a case against you then they wouldn't have offered you anything. Halifax have offered me a part of my claim but I want all MY money back Good luck Chop
  12. Hi DIY, I filed at MCOL and they acknowedged 2 days after they were served saying they were going to defend the claim in full. On Wednesday just gone they paid 3100 into my account (claim was for 3500) and said they didnt think I was owed the rest so would defend if I didnt accept. Should know on Wednesday if it will actually go to court or not but I very much doubt they would go to court for 400 quid! If they were going to take it to court they would have probably gone to court for the whole amount! Anyway, your situation is normal for Halifax, they usually say they are going to defend and then just before the deadline they pay up! Keep an eye on your account Good luck Chop
  13. Hi Mackem, I am just going to send off leter 5, I won't add about the partial payment but will add that I had a converstaion with hali yesterday and they said it is being referred to legal dept. I don't know but maybe we have to offer it back to them if we are not accepting in full and final? Although thinking about it they didn't actually offer it to me in full and final in the letter I received yestersday. Am at work at the mo so will post when I have decided on the format of the letter. Good luck again. Chop
  14. Hi Mackem, What letter did you go with in the end? For me letter 5 fits but it doesn't say anything about accepting the money as a partial payment so see you in court for the rest etc? Have you informed MCOL? Cheers Chop
  15. Me again! Have notified MCOL that Hali have paid some moey into my account so that bit is sorted... Now off to the template library to dig out the right accept in part payment letter but see you in court! One day this will all be over Chop
  16. Hi again! OK, just got off the phone to them with no extra money as yet. I said to the lady that I had already sent (twice) copies of the schedule of charges with all the calculations as evidence to prove the £423.88 was still owed by them. She looked on her screen etc and agreed this and said that she would send this up to the legal department to check and they may or may not instruct her to pay this. I did remind her that due to the bank holiday there was very little time to send letters etc before the deadline was up and she said it should go to the legal dept. today who should get back very soon! I will now have to ring MCOL and let them know Halifax have part paid. I will also write to the Halifax to let them know I accept this part payment etc. Time is getting short! Chop
  17. Hi Suze, thanks, lets hope they play bal today so I can have a better sleep tonight! Hi Mackem, Been at work all day so have just got back and have received a letter from Halifax giving me a breakdown of what they have paid into my account (On purely a commercial basis of course!). They have paid £2643.00 in respect of bank charges (full amount) £337.89 in respect of approximate interest that halifax has calculated. £120.00 court costs 'The Halifax does not consider that you are entitled to the further £423.88 that you are claiming. Unless you can provide evidence of this further loss the Halifax will file a defence in respect of this part of your claim' Surely the spreadsheets are evidence enough for them??? Will now ring them and see what they have to say for themselves....... Watch this space. Chop
  18. Hi Mackem Have a bash at adapting one to suit your situation, I will be doing mine a bit later too (at least if i find out the breakdown of their payment!). If you post on here I'm sure someone will come along and read it - maybe PM a mod too check it out as there isn't much time left now before judgment or if they file. Good luck Chop
  19. Hiya, i think you will need to have an address in England for correspondance if you want to use MCOL. However, depending on your circumstances it is sometimes better to not claim online as word count is restricted on the form, whereas if you file at court (or via the Ombudsman in Scotland) you can put more on the forms. There are a few good threads around here for claiming in scotland and some of the moderators are very clued up about the scottish system - really sorry but can't remember who they are but if you send a private message to one of them they will help. Have you not got any friends or relatives in England you could use? Chop
  20. Hiya, POC = Particulars of Claim. Its the detals you have to fill in on the N1 form or online if you are doing MCOL (Moneyclaim online). Good luck Chop
  21. Hi Mack, Exactly the same happened to me today!! Mine was also short of what I actually claimed by £425 ish. See my thread as SSL has given me some advice in there. My mcol runs out on 28th, so I am probably going to accept in part payment (once I have found out the breakdown of the money that went in today!) but let them know I will continue for the rest. I think you have to let the court know too. Good luck! Chop
  22. Thanks S, Your help is much appreciated!! Will ring and see what happens, ya never know they might give me the rest :grin: if not i'll let them know I will continue. Sorry to be a pain but I assume it would be sensible to send a recorded letter saying accept in part but will continue? Then phone MCOL or write them also? Cheers :grin: Hopefully be all over soon......then I'll start on the next Hali claim :grin: Chop
  23. hiya SS, Cheers for the quick response Will give em a rinf tomorrow to see what the money is all about and then probably send a partial acceptance letter. If I accept as partial payment do I need to inform MCOL? The money was not everything I claimed for. Cheers Chop
  24. You are correct Hopefully they won't do anything within the first 14 days so it saves the worry, finger nail biting and obsessive postie hasseling!!
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