hey mate, hope you had a good trip its all done, been served a week now, they have till the 28th dec to respond. shame about the time frames, xmas period and all that, as i had to spend £120 pounds i never had:rolleyes: still, you never know, i may get an early xmas pressie, will certainly turn a dull one around anyway.

all done and dusted!! sit back and wait for 14 days now, should be officially served tuesday. let you all know how it goes...

Just picked up forms from court, and plan to fill them out tonight, and take down the court again tomorrow. I have prepared a letter to send back to the Halifax, how does this sound mate? The Halifax PLC Trinity Road Halifax West Yorkshire HX1 2RG Re: Account number Response to settlement offer. Dear Thank you for your letter dated 24/11/2006 I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £2,970.43 I will accept the sum offered only as part settlement and on the clear understanding that I have already pursued recovery of the remainder, with a County Court claim. My letter before action sent previously indicates that you had until 14/11/2006 to respond before Court action commences. As you will be aware this deadline passed long before I received your Settlement offer. You are reminded that there will be no extension to this timescale. I have enclosed an updated schedule of charges for which I am claiming. I trust this clarifies my position. Yours faithfully [signature] Any thoughts/corrections/advice all gratefully recieved. Iain

Hi Aardvark, thanks again struggling to get near a PC myself just lately. I have done nothing as yet, but am going to follow your advice. im thinking of using the N1 form at the courts rather than MICOL, purely because I am working near local court at the moment and would probably be a little easier for me to do it this way. Im going to pick up the forms shortly, and get the letter prepared hopefully today. I might need a little direction soon if you are available over the next couple of days mate. Iain

ok guys, need a bit more advice. my deadline set in my LBA expired on the 14th Nov. But due to being a little skint i have had to delay court action until this week. however, out the blue on Saturday morning (25th)came a "full and final" settlement offer of 900 pounds. Now, in the ideal world I would have already started my claim. they are also obviously 2 weeks too late with thier response, so after mulling things over for a couple of days i reckon i have 3 options. 1. ignore them, and carry on with my court claim asap 2. send back a letter accepting as part payment on full amount, carry on with court claim asap. 3. send back a letter accepting as part payment on full amount, give them another 14 days, then start court claim. to be honest, I am thinking that the first option is the one, but would still like a little help. I suppose whatever I do will be ok, but lets face it, Im probably not going to get anything more without taking them to court. so I may as well just get on with it. besides I gave them plenty of time. Also, I managed to pick up another charge, for going 3 pounds overdrawn, can i just add it on to my schedule? they will get another copy soon anyway wont they? once again thanks in advance for any advice. cheers, Iain

Aardvark once again thanks..unfortunately I already posted it before i read your post:rolleyes: ...typical anyway sure it will be fine, my original LBA was sent on the 24th Oct, so that would take me to the 7th. Because there was obviously some confusion on their part I am taking the 14 days from the 30th Oct, as that was when the "revised LBA" was sent, which will now take me to the 14th. So for simplicity I was planning on giving them till the 14th Nov, just so I know I have given them the reqiured amount of time, and they cant wriggle out of it by saying I have not given them the appropriate amount of time to respond. Im pretty sure I will recieve something back soon, as so far they have been pretty swift in their responses. If they write back before the 14th stating that they are not prepared to refund me in full, then I will start my claim before the 14th. Does that sound about right mate? thanks again, Iain

hey Aardvark what do you reckon mate? words are not my strong point..nor is IT so thanks for your help again mate. it will go off as soon as its been vetted!! do i now give them 14 days again, unless they tell me they are done negotiating? in wich case its MICOL time!! here goes... I am writing to thank you for your correspondence dated 27/10/2006. I am writing also to confirm that I also received your correspondence dated 19/10/2006. However neither correspondence comes anywhere near to meeting the targets for resolution that I first set in my prelim correspondence on the 12/10/2006. I calculate that you have taken £2,468.00. I have already sent you a copy of this in my original letter of the 12/10/2006 and also again in my original LBA on the 24/10/2006. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice. If however, as indicated in your previous correspondence, you are not prepared to meet the targets I have set, and this is your final response to the matter, then I request you state this in your reply. I will at this time consider that we have reached an impasse in our negotiations and I shall begin a claim against you for the full amount, plus interest, plus costs and without further notice. . Yours faithfully, IR Fordham

thanks again mate, gonna mull it over today then do something!!

hi all, an update got a reply to my lba today. i sent it on the 24th oct. heres what it says.. "in response to your recent correspondance dated 24/10/2006 (lba). it would appear you have not recieved our reply dated 19/10/2006. our previous correspondance is therefore noted below".. it just goes on to give me an exact copy of the last letter the buffoons sent me:rolleyes: there is a number on the letter 0113 2356647, i am seriously thinking of ringing it and asking them wether they require the remainder of the 14 days as per my lba. seems to me as though that is their response? and obviously not the one im looking for.. or shall i say nothing and move straight to filing my claim with the courts? are they really this stupid? common stalling tactic no doubt. there can be no mistaking my letter. it was from the template library and hadd another scheule of charges, without interest. perhaps they took the opening lines a little to seriously..i am very dissapointed you have failed to respond to my letter dated blah blah? any thoughts or previous experiances a to the next step?

aint that the truth mate..thanks for your help. i will keep you posted. 14 days starts today, any ideas of what to expect at this stage?

just sent my lba letter, so now starting to get my head round all the court forms again for when i have to no doubt take the next step. im pretty sure i have the knowlege i need to do it if i need to..as for motivation, well, living hell is what they have made my life..i wish i could do more then take them to court. i would love to hear them try an justify what they have taken of me, but will admit i worry about them wriggling out of it somehow, still seems a bit to good to be true.

thanks again mate, lba gone!! just needed a bit of moral support and motivation, they make you feel like you have no chance dont they?

hey guys an update.. just got a fob off letter back from the halifax (i was expecting it) few bits of interest... i qoute " to summarise, you are requesting the refund of any default charges applied to your account in view of recent media coverage surrrounding the subject" i quote " i can confirm that hbos reduced its credit card fees to 12.00 from1 aug 2006. at pressent the findings only apply to credit cards, so unfortunately, no refund of charges is due in relation to your bank account" i quote "please note, we are not oblige under the data protection act to supply any infomation about how we calculate our costs for dealing with these tranactions, as it commercialy sensitive" is this tue? and will this still be the case if they have to go to court? i qoute " i appreciate this was not the response you were looking for blah blah, 8 weeks to respond, i will assume:x you are satisfied with our reponse to our letter. assume i am satisfied?? sound familiar anyone? to be honest im worried, not with what im doing. but it would be just my luck if they had found some sort of loop hole since i started my claim to wriggle out of it. my lba letter is going in the post today regardless. i will fight them on the beaches if i have too, i hate them all.

yeah i got them quick, but thats cos i had a fob off letter asking for a fiver, made a school boy error and did not include money in original data request letter:rolleyes: so i guess they were waiting for it! i just resent the letter that i found on here, and kind off re educated myself, and put the fiver in:rolleyes: , and had them back within a week, besides i reckon they are well practised by reading on here:grin: aardvark..my letter stated in no uncertain terms that i was only asking for the charges alone to be refunded. the letter was as per the template, with the red bits removed. the 8% did appear on my shedule, but was as it came of the printer, i highlighted the without interest figure, to make sure they knew. i made no reference whatsoever to the 8%...its puely down to my incompetence on computers that i didnt remove it!!! will this still be ok do you think?i will remove that collum trying what you said, when i send my lba on the 26th to the buggers!!!:grin: cos they get another schedule with that! looking forward to seeing their response, be nice if they are that quick again. was looking through the schedule really makes you realise how much they mess you up. more the half my total was fleeced out of me this year!! one month alone was over 350 quid. i never went more than 80 quid over, my overdraft and tried everything i could to stop it including phoning, pleading grovelling etc

Just this minute slipped my prelim letter and statement of charges in the post. I have not included any interest whatsoever at this stage, but the spreadsheet i have used automatiaclly calculates the 8% i have not claimed for it at this stage, but it does appear on the statement of charges i have sent, but is not included at this stage. The figure i am asking for is solely the charges at this stage, but the 8% is visible for future reference. total claim is £2,468.00 at the moment 8% added is 418.43 so the total claim will be £2,886.43..when i send the LBA:cool: just after a bit of conformation please, pretty sure im right but i dont want to mess this up. its personal:-x cant wait to see what cack they fob me off with!