angie27 v Halifax ***SETTLED IN FULL***

[angie27]

Would you believe it. Royal Mail have lost my second letter. Im so cross. The bank must think that i have forgotton its nearly 6 weeks. Third letter going out today. Gonna send it by special delivery rather than just recorded. Nightmare.

[jonni2bad]

Angie, you may have already sent this new one, but recorded delivery is sometimes useless and even though the item is delivered, the records are not updated making the sender believe that the item must thus be lost.

 

Proof of posting would suffice for court purposes (which would mean you didn't have to send a new one, or use special delivery).

 

Just really a note to all users if you've already sent it out....

 

*** Get a FREE proof of postage certicate from the Post Office ***

[angie27]

oh just sent final letter. If thats the case then my 14 days are well up. How would i know for sure. Royal mail have agreeded that the item is lost and are willing to compensate me. Should i now move on to money claim as the first letter was sent 31/10/2006

[angie27]

so should i start money claim and if so help will be appreciated

[jonni2bad]

You're certainly not going to harm your case if you resend this LBA (just with proof of postage!) and it would certainly put your mind at rest that you have done all you need to do.

[angie27]

Well filled out money claim. Will be paying for it tomorrow.(money goes in then) So when that is submitted tomorrow whats next? Am i waiting for a date or questioner. I get confused as to what i have read. I intend to now re read the steps as im so worried i will get it wrong.

[Michael Browne]

After filing send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours sincerely

[Michael Browne]

Complete guide to Moneyclaim here:

Her Majesty's Courts Service

[angie27]

Thanks Michael.

[angie27]

ADVICE PLEASE

Recieved a letter this morning. Halifax have offered me £349.00 as a full and final setlement. Considering that im claimimg £1575.09 obviously im not going to agree. The Letter is worded in a way that would suggest they had not yet recieved the money claim bit. What shall i do from here. What is the next course of action??? As always help and advice appreciated. Must add that i have recieved a notice of issue from moneyclaim saying that they have till the 26th of dec to reply. Also how do i inform the court that they have made this offer.

[Michael Browne]

You don't need to inform the court, it's an offer not a payment. If you want to, you can send them this or just ignore their offer:

 

Dear [named sender or Sirs]

 

 

Thank you for your letter dated xx/xx/xx. Prior to receipt of your letter I have filed a claim in the County Court and have therefore incurred further costs.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees now totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I trust this clarifies my position.

 

Yours faithfully

[angie27]

Well just to up date. The bank have acknowledged my claim with the intention to defend! So the bit im unclear of is do they have 28 days from the date i issued the claim or is it 28 days from the day they acknowledged it ????

[missybpink]

hi its from date deemed served which is normally a couple of days after it was issued it will be on the letter from courts

[angie27]

Well tomorrow is the day that the bank would have had to file a defence, as it is 28 days from issue. If i hear nothing then what do i win on de fault and how do i go about things from there on. Also shall i wait till the 10th or 11th or just assume if nothing materialises in my account of throught the door on the 9th they are not defending after all.??? You know me full of questions but always grateful for the advice.

[livelylad]

Well tomorrow is the day that the bank would have had to file a defence, as it is 28 days from issue. If i hear nothing then what do i win on de fault and how do i go about things from there on. Also shall i wait till the 10th or 11th or just assume if nothing materialises in my account of throught the door on the 9th they are not defending after all.??? You know me full of questions but always grateful for the advice.

 

 

Hi its 28 days from when the claim is deemed served which is usually 5 days after filing using MCOL. If the date you are using are correcet then you should ask for judgement as soon as youo can. I would expect them to defend though at the last min as usual.

[angie27]

Yeah dates are correct so on to tomorrow then. cheers for the advice. Well i will let u know

[hardcore_alleigh]

good luck, anticipating on hearing ur news!

[angie27]

Ok if the claim was deemed as served on the 12th of december, then acknowledged with an intent to defend when exactly are those 28 days up. When exactly do i ask for judgement. Is it tomorrow morning? The 9th is the 28th day or the 29th if you include the 12th itself?

 

Just to let you know Halifax called this evening asking for an extra week to collect statements etc implying that they wanted to pay. Not sure this was there intention however and them just needing more time.

 

Due to screaming children i said i would call back and was given a number to do so. When i did to tell them no, nobody answered.

 

Anyone else had this?

[angie27]

Not sleeping well. Anyone else worried about it all.

[livelylad]

Dont panic you will be fine. ok you ask for judgement after the 28th day, so they 29th Day. If you try to apply for judgement and its too early the system will not let you so dont worry about pressing the judgement button and making a mistake. I would ring the Halifax and tell them that you file as soon as the 28 fdays are up unless they offer the amount in full. As I said previously I would expect a last min defence from them.

[angie27]

Hello there asked for judgement yesterday as no defence was submitted. Recieved a letter from Halifax this morning saying seen as i had turned down there goodwill gesture, i sent a letter saying a would accept as partial payment. That they would not be refunding anything at all and would close my account if i did not manage it corectly. Do i need to respond to this letter or leave it as i have now asked for judgement.????

[angie27]

Checked mcol this morning and it said that a judgement had been issued. Inder warrant it said start. Do i need to start anything under that at the moment or do i wait and see. Advice always appreciated.

[angie27]

Hi. Can someone read the above post and give some advice. Cheers. its now the 15th and im not sure what i should be doing if anythinhg? thanks

[angie27]

Advice please. Checked my e mail this eve and found that the Halifax left a message asking me to call. Called but office closed. Will try again tomorrow. Im left pondering what this could be about. As of yet no money is in my account. Do you think they will offer, ask for more time before i issue a warrant? Anyone else had this?

[Guest NATTIE]

Bump and please can someone advise