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debbarker

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Everything posted by debbarker

  1. Hi Tilly Thanks for your msg. Have you heard anything yet? Have you gone through MCOL or your local court? Have you done this before? Debbie
  2. Hi again, I checked on MCOL just now and it says 'Acknowledged' and that Halifax now have 28 days from the date the claim was served (23/5/07) to reply. Does that include weekends? If so I make it that we should have heard something more by 20th June. I think that now I wait for the Notice of Acknowledgement to arrive and then send schedule or charges and covering letter to Halifax solicitors. Is that right? And is it now the solicitors we are dealing with? I feel everso slightly sick........ Debbie (trying to smile!)
  3. Hi Thomas And CONGRATULATIONS!!! I'm hoping to be not far behind you in declaring my winnings! I have used MCOL and on the Notice of Issue I recently recieved I see it says that you should inform the court immediately if you receive any payment before a hearing date. You could try this phone number - 0845 6015935 (10a.m-4p.m Mon-Fri) - it's on the bottom of their paperwork. I'm sure someone there will be able to help you. Well done again!! You have inspired me to keep the faith!..... Debbie
  4. Well, don't know if this will help but my claim is for £11,300. They already paid £6,000 and I accepted it as part payment but they have 'threatened' to take it back if we go to Court. I have therefore filed my court claim (last Thurs 17th May) for the full amount (£11,300) plus interest and fees. If they don't take the money back they will tell the court that they already gave us £6k and then the Court will make the adjustment as necessary, or I'll let the court know, but either way I'll get all the money back. Good luck! Debbie
  5. Ha ha ha!!!! That's excellent news, and good on her for pursuing it all the way!! It has given me a real laugh, and it just shows that 'People Power' will prevail!! Brilliant!! Debbie
  6. Received Notice of Issue from Northampton County Court yesterday. It says that the claim is deemed to have been served today (23rd May) and the Halifax has until 6th June to reply........ Watch this space then... Debbie )
  7. Hi Hellyb LBA stands for Letter Before Action - basically giving them one last chance to pay out before you file at court. Good luck, Debbie
  8. Good luck Jazz. It looks like we're at same stage. I'll be watching with interest to see how you get on. Debbie
  9. Hi Jazz Best of luck to you too!!! I'm sure we'll all be fine! I'll subscribe to your thread so I can keep up with what's happening with you. I think the Halifax must not know what is hitting them right now - so many claims being file din court. I have read many more threads on here where people are just about at same stage as us! All the best, Debbie
  10. Hi KVH You ignore their blatant attempt to stall you at this point and carry on to the next stage - that is you send the LBA informing them they have 14 days to pay up or you are going to Court. I take it from what you wrote that you already sent the Preliminary letter with the schedule of charges? Stick to your timescales and not theirs. You call the shots. Good luck, and keep fighting! Debbie
  11. This will give you a laugh....... I forgot to say previously that in the last week we received a letter from a certain 'Data Controller' regarding the 6 yrs of statements (those are the ones I requested in the SAR on 12th March!!!!) would be following shortly......and last Tues yet another person replied to an e-mail I sent on 26th March (to check they received my SAR) saying they couldn't find my request on the database, and asking ME for the date of the letter, and also how I paid - cash or cheque. I will wait until I win and then reply to this person....... This is just pure and simple evidence of the fact that they do not record anything on their systems and no-one really seems to know what they are doing. In case you're wondering (but you might not be!) the reason I have been able to carry on with this and already be at the stage of filing in court is because someone in Customer Relations sent me a spreadsheet kind of list of all charges for last 6 yrs - the statements I have now received do correlate with them!! Anyway, thought this would give you a laugh on a rainy Saturday afternoon!! Debbie
  12. Hi Chinnygirl I'm in same boat as you - well just a few days behind really. I filed claim via MCOL on Thursday 17th May - their site says it has been issued yesterday - am now waiting for stuff in writing from court. My claim is for £13,700 and am more than slightly worried that Halifax will decide to defend this and 'go all the way' as if I am correct it will have to go through a 'fast track' system and I will have to pay costs if they win and I lose (??). Sorry if I got this bit wrong, but it's just what I worked out from what I've read. Anyway, it's out of my hands now, and just have to watch and wait. Good luck with your claim. Will keep you up to date with mine. You can also read it on my thread 'Someone to hold my hand (doing battle with the Halifax'. Debbie
  13. Hi Krisyb Can I suggest that you ask one of the site Moderators to read your post and ask for their advice? You can find them listed on the front page of this site - if you scroll down there is a list of people online at any time. The 'Mods' names are in green. I'm sure they will be able to help you. Good luck ,Debbie
  14. Claim request has now been issued according to MCOL site. Am now posting schedule of charges and covering letter to the Northampton County Court so they can attach to my claim. I don't know if Halifax will know about it all yet, but the money is still in the account! At this rate I'll have no finger nails left!! LOL! Debbie
  15. Hi Moneyhelp Don't worry, there is LOADS of support on this site. You will always find someone is able to answer your questions - any time of day or night it would seem!! I have just filed a claim via Money Claim Online for just over £13k.....GULP. I've never done anything like this before and am pretty much clinging on to this site for advice and support! But the thing to remember is we are only going after what is rightly ours, and the Banks know that. They may try all the tricks in the book to get around what we're doing/asking for, but we will win in the end. Keep going.... Debbie.
  16. Righto - Have filed claim via MCOL for total of £13,485.44 - it's a biggy!! It now says that the request has gone to the Court to be verified bfore being issued. Do I send just one copy of the schedule of charges and interest by post to the Court? It's just that it says to send 2 copies on the onfo on this site, and I don't understand why. And do I send the schedule and covering letter now or wait until it has been issued? Have NEVER done anything like this in my life...... Thanks, Debbie
  17. Thanks for reading it. I think I'll just get on and finish it now - any more waiting and I'll change my mind!! LOL! Watch this space.....
  18. Well, if it helps, this is what I wrote in the Particulars of Claim section - 1 The Claimant has an account xxxxxxx with the Defendant. 2 Since 02/04/01 the Defendant debited charges and interest in respect of purported breaches of contract. 3 Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4 Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5 Claimant claims: (a) return of the amounts debited of £11,324; (b)Interest per S.69 County Courts Act 1984 of 8% - £2,161.44 continuing at 8% until judgement or settlement at a daily rate of £2.97. 6 Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7 Costs allowed by the Court. Does this look right? Ok to send? Thanks
  19. Please can someone read my last post....am now about to file claim via MCOL. Just wanted to make sure I've done it right. Thanks Debbie
  20. Right........ Have done virtually all the MCOL form - except hitting the 'submit' button! Still want to re-read it all tomorrow. I took the POC details from what is in the templates on this site - is that right? Obviously I changed various bits where necessary (figures etc), but am I right to calculate the daily interest still even though not claiming for 'overdraft interest' , just the 8% interest. Got a bit confused there. I took Jonni's advice and am claiming for the whole amount - let Halifax tell the Court they already gave us £6k as a so-called 'GOGW' - they're the ones confusing everything. I will wait for someone to check this post before I do anything more with MCOL - oooh, it's a bit daunting!! Debbie
  21. by the way, yes only claiming the 8% interest - all my brain will cope with lol!
  22. Hi Jonni, and thanks for replying. I get what you are saying. So it won't harm to claim for the full £11,300 especially as we think they might take the money out of the a/c ? Haven't filed yet but will do tomorrow. am just preparing spreadsheets and printing etc
  23. Hi C allen, well, if I think I understand what you mean (at almost 4:30pm!!!!) they didn't say the £6k was a refund of anything - just a goodwill gesture - and therfore no dates as to which charges they refunded, cos according to them they haven't!! So you reckon I should still claim for the interest on the charges (£6k) I already got back? That's interesting if a little confusing...... Thanks, debbie
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