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Hi Guys,

 

Just a quick query.

 

I was about to start Court Action against Halifax regarding an account closed in 2004. It was opened in 2000.

 

However, I then found out that all Court Claims were put on hold until the test case had been dealt with.

 

Once the test case results have come though, I will be looking at launching legal action.

 

However, am I required to re-calculate interest from the date I want to start action, put the claim through from the origional date, or re-start the whole process?

 

Many thanks,

Ron

The Woolwich - Case being held by Court. £1700

Halifax - Case being held by Court. £800

Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

Natwest - LBA - £800.

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Hi

 

if you have sent your lba,you can now file your claim adding on any further charges

right up until you file at court.If you file now your claim will be in the system.

You calculate your interest from the date of the first charge to the last.

 

 

 

Tilly

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Hi

 

if you have sent your lba,you can now file your claim adding on any further charges

right up until you file at court.If you file now your claim will be in the system.

You calculate your interest from the date of the first charge to the last.

 

 

 

Tilly

 

Many thanks for the response Tilly. I have the LBA completed, that was sent in 2007 though. Soon as I heard about the test case I put everything on hold.

 

Would that still be a problem?

The Woolwich - Case being held by Court. £1700

Halifax - Case being held by Court. £800

Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

Natwest - LBA - £800.

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Thanks Tilly.

 

Sorry, one more question.

 

I received a response from Halifax stateing that they were not going to pay me the money back. This was after the LBA.

 

Now the LBA was in 2007 and I have yet to start Court Action. (Long story but Cash issues)

 

Now all resolved. Can I just start Court Action now or do I need to start the entire process again?

 

Many thanks,

The Woolwich - Case being held by Court. £1700

Halifax - Case being held by Court. £800

Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

Natwest - LBA - £800.

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Hi

 

if you have a had response to your lba,you do not have to start all over

again,it is time for you to file your n1,you will need 3copies of you

N1 3 copies of poc and 3 copies of your spreadsheet,Take them to your

local county court.

If you have any questions just shout someone will come along.

 

 

 

 

Tilly

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  • 1 month later...

Hi Guys,

 

Right, all sorted and now ready to go.

 

Would anyone mind having a quick look over to make sure its all correct before I run it down to the Court?

 

95% its all OK, but would be great if someone wouldnt mind giving it the once over?

 

Ron

The Woolwich - Case being held by Court. £1700

Halifax - Case being held by Court. £800

Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

Natwest - LBA - £800.

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Sure. ;)

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Hi All,

 

Just a quick overview.

 

Received statements from Halfax about an account that was closed in 200.

 

It turns out that there are a few charges on there with a nice sum of about £400. I also had interest of £211.00.

 

However, when I use the Calculate 8% APR on the CAG website, I get different results. Could this be because I have made an error in calculation?

 

In Date Charge Incurred:I enter 29.2.2000, in To Date: I put todays date.

 

So if these details are correct, I am owed £639.78 rather than the £621.30 I requested. Does this mean any court action would fail due to the incorrect calculation, and should I restart the Court action to claim back the extra few pounds?

 

Any advice is much appreciated.

 

Best regards,

 

Ron

The Woolwich - Case being held by Court. £1700

Halifax - Case being held by Court. £800

Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

Natwest - LBA - £800.

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I used a calculator on another forum and figured out that it did not take into account the leap year days. I wonder if cags is the same?:confused:

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I used a calculator on another forum and figured out that it did not take into account the leap year days. I wonder if cags is the same?:confused:

 

Very good point. I think I am under by about £20.00 which could explain things.

The Woolwich - Case being held by Court. £1700

Halifax - Case being held by Court. £800

Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

Natwest - LBA - £800.

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I have just checked, the cag calculator is spot on. ;)

 

I have just realised, are you claiming for more thn 6 years??

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Yup, thats correct.

 

The first charge was 9.2.2000.

The Woolwich - Case being held by Court. £1700

Halifax - Case being held by Court. £800

Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

Natwest - LBA - £800.

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Share on other sites

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Share on other sites

So by adding:

 

"

s.32.

(1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-

  • (a) the action is based upon the fraud of the defendant; or
  • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
  • © the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. "

 

To my N1 and POC forms, I can continue with the claim?

 

Regards,

 

Ron

The Woolwich - Case being held by Court. £1700

Halifax - Case being held by Court. £800

Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

Natwest - LBA - £800.

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