Halifax Plc & Capital One

[sam_temple]

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!

[Michael Browne]

Hi All

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!

Yes but only if you add the following to you particulars of claim:

 

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).

HHalifax are then liable for this even if they settle before court

[sam_temple]

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!

[Michael Browne]

 

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?

 

If you write as above they will almost certainly withdraw the offer anyway.I would write a short letter disappointed with their offer, refuse the offer and remind them the date that you intend to file a claim

 

 

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"

 

Exactly, 14 days after your LBA file at moneyclaim

[sam_temple]

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.