Basmic v Halifax ***SETTLED IN FULL***

[basmic]

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Edited October 23, 2009 by basmic

[dan-rides-bikes]

depends who owns the debt - if its eversehds then you owe halifax £0

[callumsgran]

Hi and welcome. i think they may use it to reduce your account with evershed? sorry never heard of them!!! i dont see why they should tho, as you are now dealing with evershed. you only claim any interest they've charged you for uod's at this time. you then charge the 8% when you start court proceedings ok?

[basmic]

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Edited October 23, 2009 by basmic

[ArthurC]

I am not a legal buff but this is the way I see it. It is Halifax that made the charges against your account therefore your claim is against Halifax and when they settle it should be with you and then you settle with Eversheds.

[mechs]

Wow slow down ......I think you are jumping the gun here ......firstly I think you need to read a few threads and the FAQs.

 

HAve you asked for the statements with the Data Protection Act template letter and enclosed the £10 fee? if not the it will be very unlikely you will get them.

 

when you get your statements and have added them up you then send a letter (in the template library) asking for them to refund your charges ........then if they do not comply you send the letter before action

[basmic]

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Edited October 23, 2009 by basmic

[mechs]

I phoned up asking for a copy of all my statements. The lady did not ask for a fee, but assured me I would receive my copy within 7-10 days.

 

I am preparing the letter now, so I can be ready for the totting-up.

 

this one here I hope and not the letter before actiion one

 

preliminary approach letter

[cankster]

Best of luck getting your statements. Halifax promised them to me over the phone and surprise surprise they never came.

 

better to send a DPA request, they cannot squirm out of it then mate.

[mechs]

Best of luck getting your statements. Halifax promised them to me over the phone and surprise surprise they never came.

 

better to send a Data Protection Act request, they cannot squirm out of it then mate.

 

Thats what I have been trying to get across, short cuts sometimes end up the long way around

[jonni2bad]

Indeed - let's just clarify a couple of points here.

 

Halifax were responsible for charging you, so they are the one who now need to repay you. Eversheds are simply handling the debt.

 

If any charges have been imposed by Eversheds, for whatever reason, then you must deal with that separately.

 

Eversheds / Blair Oliver Scott - they're all the same really, just Halifax in disguise.

 

Halifax are also the ones who supply you with info under the Data Protection Act. You should send in a written request, with the payment of £10 - forget all about phone calls with lovely jubly members of staff who have no real authority anyway. Avoid phone calls - letters are king in this business.

 

If they choose to only charge you £5 or nothing at all, then fine, but if you don't give them the option it may come back to haunt you.

 

From this point onwards, start to view them as a defendant in a court case, since it's likely you'll have to submit a claim, you might as well get used to it now. If you believe for one moment that they have your best interests at heart, then you may be in for a big surprise.

 

Data Protection Act letter, asap. Then let's see where we are with charges and make an informed decision from there (and it would be a Prelim letter, not LBA, as your next step).

 

Are you in England or Scotland?

[henrysdad]

First of all, Halifax own your debt unless they have written to you to say it has been assigned to another company. The only Eversheds of which I am aware is a large firm of Solicitors. My guess is that Halifax have instruicted them to act as debt collectors.

 

My advice would be to continue to write to the Halifax and they can pass it on to their advisers if they so desire. Use recorded delivery with all important correspondence because they can and will deny receipt.

 

Some of your questions suggest you have not read the FAQ's thoroughly - and that is the key source info of this site - I hope the Mods do not mind me saying that!

[jonni2bad]

...Use recorded delivery with all important correspondence because they can and will deny receipt...

 

You don't need to prove receipt, and recorded delivery will often go unsigned for anyway, since the postie doesn't have time to stand around waiting for 10's of letters to be signed for.

 

This can have the effect of making the sender think it went missing in action.

 

The courts will deem a letter to have been delivered 2 working days after postage - so a FREE certificate of postage is the best option.

[basmic]

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Edited October 23, 2009 by basmic

[jonni2bad]

...Perhaps an FAQ named something like "want to know how to claim your debt - click here" sticky would be more suitable. Within it, have say steps 1-5 - step 1) Click here, do so-and-so, etc....

 

You mean something like this?

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/243-step-step-instructions.html

[basmic]

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Edited October 23, 2009 by basmic

[basmic]

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Edited October 23, 2009 by basmic

[basmic]

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[jonni2bad]

See post 13 above.

 

Recorded delivery is almost useless in my opinion.

 

You don't need proof of delivery, only proof of postage - which is also supplied by the slip you receive from recorded delivery. The court will deem it delivered 2 working days after postage so don't worry about the website not being updated.

[Lizbrind]

Just to echo what Jonni has said, we sent two letters a couple of weeks back - one was a prelim and the other was the DPA SAR.

 

Both (as far as Royal Mail tracking is concerned) were never delivered. Despite that we still got a response to the prelim (usual 10% offer) but are still waiting on the DPA request (it's only been just over 2 weeks so it's in keeping with the Halifax's heel dragging techniques).

 

Question is, for the timetable we're working on and the fact that the Halifax put an 8 week period on the acceptance of their partial offers would they still be able to argue they hadn't received the LBA we're sending and believed we were still considering their offer?

[jonni2bad]

... would they still be able to argue they hadn't received the LBA we're sending and believed we were still considering their offer?

 

Not in court, no

[basmic]

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Edited October 23, 2009 by basmic

[dan-rides-bikes]

continue as normal

[basmic]

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Edited October 23, 2009 by basmic

[jonni2bad]

If the timescale for response to the LBA is up - then it's time for court.