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sam_temple

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  1. I am helping a friend claim back their charges and I am hoping somebody could help with his issue; He was due to attend court in the beginning of October but received the following communications from D G Solicitors on 12th Sep[tember: "The court have advised they have stayed your action until the resolution of the bank's proceedings with the OFT" . This came with assurances that the FOS were not proceeding with any cases until after the test case. This appears not to be so. He has now received a letter from the courts worded "Upon hearing counsel for the defendent and the claimant not attending it is ordered that upon hearing the claimant in person and counsel for the defendant and upon it hearing that the issues in this case are identical to those likely to be the subject of proceedings in the Commercial court between the OFT and certain financial institutions ("the test case") pursuant to an Agreement made on 25th July 2007, it is ordered that 1) This claim is stayed until 1 calendar month after the final judgement in the test cases including any appeal or 31st October whichever be sooner. 2) Either party may upon notice to the other apply to lift the stay at any stage up to the earliest of the two dates provided for in para 1 above. 3) If no application is made to lift the stay or seek further directions before the earliest of the dates provided the claim shall be dismissed without further notice. I am now stuck with this and need help as to how to respond as he does want to pursue this but feels he has been misled by DG Solicitors?:-?
  2. Have just been reminded I haven't posted a thread for a bit..ooops got tied up with other stuff...... Filed against Halifax last week and I am looking forward to getting my money back. Unfortunately mine must be one of the the only Debit Cards not accepted by Moneyclaim (Visa Electron), however the girls at the County Court were really helpful. It felt like such an achievement!! My Capital one gets filed tomorrow... Just reading through everybody elses threads keep my morale up.. There IS light at the end of the tunnel so keep your chins and up and keep going!! HALIFAX: Prelim letter sent 22/06/06 requesting full return of £1258 Letter response received 28/06/06 offering £170. LBA sent 01/07/06 Moneyclaim prepped for action end July Filed (Small Claims) at County Court 02/08/06 CAPITAL ONE CARD Prelim letter sent 01/07/06 requesting full return of £460. Letter Response received 17/07/06 offering £176. LBA sent 17/07/06 Filing at (Small Claims) County Court 07/08/06
  3. After what seems to have been an endless wait I have finally received a written response following my initial request for the reurn of £460 worth of Overlimit Charges and Late Payment Fees from Capital One. Mr Udy from their Exec Office stated that capital One feel these charges are both fair and legal, however, as an act of goodwill he has agreed to credit back £176 and hopes I accept their apologies for the inconveneince and hopes "we can put this experience behind us". I will send my LBA to them today... Incidently, are the Overlimit Charges and Late Payment fees the only charges we can request to be returned. It seem quite clear regarding banks but I'm not too sure about credit cards? HALIFAX: Prelim letter sent 22/06/06 requesting full return of £1258 Letter response received 28/06/06 offering £170. LBA sent 01/07/06 Moneyclaim prepped for action end July CAPITAL ONE CARD Prelim letter sent 01/07/06 requesting full return of £460. Letter Response received 17/07/06 offering £176. LBA sent 17/07/06
  4. You should write and tell them you're disappointed they have not responded positively to your request. Advise you'll accept the money offered as part settlement but you'll still be seeking the remainder. I turned them down myself. They offered me £170 for £1258 worth of charges and then upped their offer to £460 (without my asking). Have a look in the Templates Library and and through the threads as you'll find loads of help with the exact working you'll need If you've only sent the Prelim letter give them the timescale you initially stated and then send the LBA. Good luck!
  5. Thanks again!;-) I've just come off Moneyclaim site and have prepared my claim ready just to make payment and send it off. I just want to make others aware as I got a bit of a shock at having seen the cost ( I know I can claim this back and will). It will cost £120 for me to get my £1258 back Alot but worth it in the end I'm sure. Halifax, it looks like, will get another 2 weeks grace after 15th July as this will have to wait for another pay-day!! HALIFAX: Prelim letter sent 22/06/06 requesting full return of £1258 Letter response received 28/06/06 offering £170. LBA sent 01/07/06 Letter response received 11/07/06 CAPITAL ONE CARD Prelim letter sent 01/07/06 requesting full return of £460.
  6. Thanks, actually I've just received another reply from them in response to my LBA. It thanks me for allowing them time to reply and confirmed they had offered to refund 6months worth of charges as "Goodwill" which I had refused. They state they are not prepared to refund the full amount requested. How should I now express: "Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of first charge) to (Date of filing) of (£0.00 = 8% on your claim) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00 = Amount of claim multiplied by 0.022)" ..as the LBA has already been received and acknowledged? Should I now go back and state that the 6months refunds will be acceptable as part refund will I will still be seeking the remainder? I just don't want to look silly engaging in correspondence with them when I had stated in my LBA I would take legal action "without further notice" Cheers!
  7. Hi All Having been reading this site through and through but just wanted some clarification on a point if possible: Am due to log with Moneyclaim over my Halifax charges on approx 15th July. Once they've recieved my claim through Moneyclaim, are the Halifax THEN liable for the 8%APR and any related costs, or does that only apply once this goes to court? Cheers!
  8. Having a blonde moment (very long one!!) and can't find my previous thread, probably posted it in the wrong section (oops!!). Just wanted to say: HALIFAX: Prelim letter sent 22/06/06 requesting full return of £1258 Letter response received 28/06/06 offering £170. LBA sent 01/07/06 CAPITAL ONE CARD Prelim letter sent 01/07/06 requesting full return of £460. Having a good read through the rest of the site is very reassuring seeing so many people getting their money back!! Fantastic!! This site has taken 10 years and a tonne weight off my shoulders just as I'm sure it has done for many others...
  9. Sent my initial letter into Halifax 22nd June and requested all copy statements from capital One on the same day. Have just had a response today from the Halifax with an offer on £150. Called them to get an email address for the lady who responded and have since been offered an increased £468 to go away. The total I am claiming is £1258 for the last 6 years, so no, I am not going away!
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