Dewars v Halifax

[dewars]

Hi, I could do with some advice, ive got all my statements of halkifax and discovered that i was owed £3'222,77, so i sent them an LBA and they made me an offer of £1'200 which i refused as a full and final settlement but because i was working out of town and didnt have access to a pc i was unable to continue and this was back in october 2006 will i still be able to continue where i left off or do i have to start again?

[dewars]

have i sent that last thread to the right place?

[ukaviator]

Is this for a Credit Card Dewers?

[dewars]

no its for a current account

[dewars]

Hi everyone think im getting the hang of things round here now so i hope im in the right area, anyway, i started my claim for unfair charges back in November 2006 for £3'222.00 but didnt carry it through as i had work out of town and havent had access to a pc. What do i do now, do i continue from where i left off or do i start the procedure all over again?

[MARTIN3030]

Welcome to the site.What stage did you get to ?

[dewars]

I sent them an LBA and gave them 14 days to respond but due to lack of funds i delayed the mcol stage however i suddenly had a contract out of town. it is now 18 months gone by.

[MARTIN3030]

2 threads merged.Try and keep your posts together.

 

You will need to reopen your complaint.If you are just claiming the amounts as before then send them a 14 day LBA with the schedule of charges.

If there are additional charges since then then you can add them to the Schedule and again send the LBA...taking into account the 5k threshold for small claims.

No online claims are being accepted at this time so you will need to file on an N1 laterin open court.

Take some time to read up on the developments since your last contacts including revised letters drafts and POCS which have been revised to take into account of developments in the past 12 months or so.

[dewars]

Sorry about that still trying to get used to this site, thanks for your replies can you point me in the right direction POCS etc

[MARTIN3030]

Sure you will find this in the banks temps library...N1 revised particulars of claim.This is further down the line for you but you can study it as you wait for a rsponse to your LBA.

It should be pointed out also that the waiver agreed between the OFT and the Banks as part of the test case..has given them extensions on deadlines to deal with complaints.Therefore its likely that Halifax will not reply within those 14 days.

However you should proceed and get your claim in ASAP.

[dewars]

i've been round this site now for a few hours and Im still a little bit nervous and confused... how do i reopen the complaint and do i just send the revised LBA as i have had no contact with Halifax since i threatened to take them to court back in 06 plus i no longer have an account with them

[**Tilly**]

Hi Dewars

 

It can be daunting and confusing, as Martin said, send your Lba and an amended

schedule of charges, if any more charges need to be added, there is always someone

around to help just shout.

 

http://www.consumeractiongroup.co.uk...lates-library/

 

 

 

Tilly

[dewars]

thanks, i dont think i'll bother with any more charges i'd be happy to just get what they origionally owed me, so do i just send a new Lba with the origional schedule of charges?

[sea-sidelady]

If you do have more charges, just add them on to the list. I know it can be a pain having to redo, but if you have the original spreadsheet saved on your com, it will auto update, then all you need to do is add the new ones onto the bottom. Or failing that, just write them on at the bottom of your original sheet. Seems a shame to miss any off, when you dont have to.

 

Then yes send them to Trinity Road.

[dewars]

I dont have any more charges however the charges refer upto november 2006 and will i have to redo them because it would be going back 8 years and not 6

[dewars]

I dont have any more charges however the charges refer upto november 2006 and will i have to redo them because it would be going back 8 years and not 6

[ukaviator]

Dewers

 

In your new LBA refer to the older charges using the Limitation Act 1980

 

You shouls add something like this in your letter:

 

I believe also that due to the Concealment of the true costs charged by the Halifax, under s.32 (1)© Limitation Act 1980 the payments were conceded on the mistaken presumption that the said charges did not amount to penalties.

 

It's your money they have taken, get it all back.

[dewars]

ok ive done the LBA along with your "qoutation" at the bottom of it and printed out the schedule of charges is there anything else i need to do before i seal the envelope and put it in post PS do i need to send it via recorded delivery?

[ukaviator]

Not that i can think of, send it recorded other wise they may say they have never received it. Try and keep a paper trail when dealing with any financial institution.

[dewars]

sugar!! one more thing, the address that all my other post went to was my branch address, do i still send it there or do i send it to another address?--sorry

[dewars]

HI Anyone, ive sent my LBA nearly two weeks ago and am a bit confused about the court claim can anyone help? I live in birmingham and am ready to proceed with a claim but not sure where to start can anyone point me in the right direction please?

[dewars]

please help, the 14 days for the LBA is nearly up and im still struggling to find out what to do next i dont know what to look for regarding court details and fees etc have looked at templates etc but on the n1 form do i just fill it in then send it to my local courts with the fee(how much) im starting to lose my nerve a bit now

[sea-sidelady]

First thing is to stop worrying, we will help you.

 

Here are the forms you need to fill in...

 

N1 FORM

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

POC FORM

http://www.consumeractiongroup.co.uk/forum/show-post/post-1066071.html

 

Fill these in, and make 3 copies of everything, as you need to send 3 to the county court

 

Have a good read, and if you get stuck, just ask.

[dewars]

ok ithink im getting the picture now.. ive filled in the N1 form but theres a piece in there that says "amount claimed "Court Fee "Solicitors costs" "Total amountin the bottom right of the first page do i leave this blank?

[**Tilly**]

Hi

 

 

 

Amount claimed xxxxxx this is the total you are claiming back

court fee xxxxx if you have paid a court fee,

solicitors - leave blank

 

Total of claim and court fee xxxxx

 

 

Tilly