Nothing left to lose -taken everything but the will to fight

[mcowlishaw]

Hi There,

 

Many thanks for that. Brilliant!

 

However, just before i continue would you confirm whether the Halifax are likely to close my account?

 

Regards,

martin:lol:

[tdb]

They didn't close mine. They just paid up, and that was that. However, it would not surprise me if they did start closing accounts at some point - even if it disuades only a few people, they may think it is worth it. Always best to have a back up account ready just in case.

[Emms]

hello. I received a letter offering me £600 full payment of which I have no intention of accepting. Should I send them a letter respectfully accepting their 'generous offer' as partial payment only or seeeing as how I'm making my claim out and taking it down the court today should I not bother. any suggestions would be appreciated. thanx

[Emms]

Good Luck Emms - seems like we are at the same stage!!!

 

I sent my letter recorded delivery 15/08/2006

 

I am watching here everyday just willing people to win and get their money back - how do they do this to people cause it sure adds up over a few years doesn't it?

 

 

Hi Elizabeth. How's your claim going? I'm filling in my court claim today. Could really do with having a chat with you.

Emms

[Emms]

HELP. Confidence is all gone wobbly. I'm confused about the next stage of the proceedure. I have no money to fill out the claim online or to write a check out for court costs.....bit worried bout what to do. Poxy banks taken all my money again. ARRRGH!!!!

 

I've also received a letter from the executive office hoping that their offer of fulpayment of £600 will have resolved matters. Should I ignore them and continue with claim?

 

is anybody out there????

[Lizzie R]

Hello Emms

 

Look back through the various threads and find a template for a letter (there are quite a few examples) - one that outlines acceptance of that amount as part settlement only - it goes on to say that you will still be pursuing the balance through the courts or words to that effect. Don't, whatever you do, accept the offer - it's your money, get it back! Good luck girl!

 

All the best

L

[Emms]

Thanks Lizzie.

Panics subsiding. Am in the process of copying and pasting letters now.

Lots of deep breaths and I think I can get my head arround the court case form. Guess I'm gonna have to make out another bad chq and hope I can muddle the money together to make sure it's in the bank before the chq clears.

It's so silly but I'm really finding this part of it so emotional. Bizare how filling out a simple form can trigger lots of throat swollowing, hand wringing and ichy eyeing.

[Brad Smith]

try not to worry Emms, don't forget...it's YOUR money.

 

The bank have just been looking after it for a while....in a nice, high interest account

 

it'll all be worth it soon...chin up

[Emms]

Cheers Brad.

Well I just completed rejection of offer letter.

Now to complet court claim.It says three copies. Do I have to also include 3 statements of charges too?

[thewifeandI]

One per copy of the claim form.

[Emms]

Brilliant! Thanks.

OK. I've filled out my claim now off down town to hand it in!

Here goes.........gulp!

[elizabeth1]

Hiya Emms,

I am still loitering!! :0) So far I got Hubbies and Son's money claims served - I did them both in my local County Court Offices - because the other form had a bit more room to write the claim details (the online form was restricted to 1080 characters) - plus if I was unlucky enough to land my rear end in court - it was local ha ha

 

I am now doing my own card with Capital One just done SAR today and am still waiting for SAR from Abbey as we put all our accounts on that SAR and have only had part of it so far (I expect several depts with Loan, mortgage and bank accounts??) So am letting the 40 days tick away with this one!!

 

My Capital One card is a real *@$* to do cause my balance/limit was only £300 and they absolutely hammered me with charges et.. and defaulted me at around £800 (animals!! grunt?? ) so I plan to clear that one off now cause they were awful to me. But from what I read around that forum - they do make a meal of peoples desparate situations - Emms none of us are on our own!!

 

I do know how you feel etc.. - I cried when I went through my husbands Halifax Statements and his words to me were "Oh - they haven't been as bad as Abbey were with us!!" (So I dread to think what they took off us at Abbey??) I couldn't believe over £2000 - and here we are struggling!! This will sure clear a backlog of bills and put us back on an even keel while I fight the others?

 

Something that could be useful to others that I found out after paying the money for my husbands Claim etc.. is that there are some exemptions from the court fee costs for people on Benefits or who have Working Family Tax Credit (WFTC) - and those with low incomes below a certain level etc.. are exempt from paying the court fees for registering claims etc.. - there is some information on the MCOL site - there is a small form to complete that allows the exemptions!! We get WFTC oursleves and I didn't find out till after I'd paid the fees.

 

Do we have a Moderator on here who could make a link to the excemption info or forms etc.. and a STICKY of this point etc.. I am concerned and passing this on to help others because I read somewhere last night that some person had accepted the banks lesser offer because they couldn't raise the court fees - for them personally it was a question of their personal economics etc.. (which quite right too - money is hard to come by for many of us?) - but I think people should be aware that there are excemptoion forms etc.. that could make a difference to some people here in waivering the court cost fees??

 

Emms - sorry for trashing your thread with that point and for "waffling" - but for some this point may make a difference?

[Lizzy]

Good luck Emms, I know you are feeling delicate so I shall warn you now that the Halicrap WILL say they are going to defend in full in court (expect it)please don't be shocked or upset. You will be very near the end.........

Elizabeth, once you have sorted out this go over to the legalaties section to get your default removed and get your life back.

 

Good luck

Lizzy

[elizabeth1]

Lizzy - Thanks I shall read there tomorrow and make sure I know what I am doing etc.. - as Capital just made it impossible to keep up with their charges etc.. the whole thing just cascaded till I stopped paying anything cause it made no difference due to the unreasonable charges etc.. (nightmare of a company - all I needed was some humanity?)

 

But sure will get rid of that default cause they played a dirty game and made me look like rubbish!!

 

Nice to be here where everyone tries to help eachother!! Even nicer seeing those who win

[Marquez]

[Emms]

Go Marquez!

 

Well I got down to the County Court Office only to be informed that the office had closed at 4pm. I got there at 4:05pm....grrrr doh!

So Elizabeth I'm really gratefull for the info about low income etc. Will go and check out the site asap and go down the offices Monday with said completed forms. Thankyou babe.(And you haven't trashed my thread, rather enhanced it methinks).

 

Thanks for the warning too Lizzy, you were right as I would have peed my pants if I received that wee morsal of despair. Now I can expect the worse and still hold my ground.

I'm still rockin!!!!

[elizabeth1]

Emms, I hope that point about the excemptions helps you and a few others - I didn't read it properly as I'd already paid ours (Doh!! might have not had to pay??) But it could be the difference for a few as the court money is a lot to find when people are stuck for money - every little bit helps when we are stuck for money? I wasn't trying to distract people away from your process & thoughts - just see it may help a few here perhaps.

If I get a chance later I shall read it and try copy and paste the basic drift of it to the top of threads and ask if the Moderators will make it a sticky so it will be seen across all the forums for the different banks perhaps.

 

Emms goodluck I am sure you will win - you made me laugh about just missng them at the Court offices - when I took Hubby's stuff I paid the wrong fee (argh!!) had to nip back and correct it ha ha the people in the courts are nice and helpful - so don't be afraid of asking questions or going there - I would give them 10/10 for helpfulness and efforts!! There is nothing to worry about there at all Emms!!

[Bookworm]

Something that could be useful to others that I found out after paying the money for my husbands Claim etc.. is that there are some exemptions from the court fee costs for people on Benefits or who have Working Family Tax Credit (WFTC) - and those with low incomes below a certain level etc.. are exempt from paying the court fees for registering claims etc.. - there is some information on the MCOL site - there is a small form to complete that allows the exemptions!! We get WFTC oursleves and I didn't find out till after I'd paid the fees.

 

Do we have a Moderator on here who could make a link to the excemption info or forms etc.. and a STICKY of this point etc..

 

There is a link in the Library, has been there since 20th March 06. :-?

 

http://www.consumeractiongroup.co.uk/forum/helpful-external-links/2147-court-fees-do-you.html

 

 

.

[elizabeth1]

Thanks Bookworm - I had missed it myself etc.. and I read on here recently that someone had gone ahead and taken their banks lesser offer etc.. cause they couldn't afford the court fees - so it was more econimical for them etc..

 

I was just concerned that people may miss out if they didn't realise they'd get some help etc.. if on lower incomes that was all. I just thought it was a shame to see people miss out if it wasn't there etc..

 

Thank you!!

[Bookworm]

No worries, hun. Not a personal dig, I promise, but it just shows why we keep on drumming into people to read the FAQs and browse the library, etc...

 

As you say, it is such a shame that people should give up because they can't afford the fees...

[elizabeth1]

Bookworm I didn't take it personally honestly - I just didn't want people thinking I was having a go about the forum etc..

I really felt for that person I read about and will go look for thread and see if I can spot it - as it is a real shame to see others miss out - when there is help there etc.. if I find it I shall PM the the person the link you just gave me and hope it's in time for them cause I didn't know either (despite reading loads ha ha)

 

You people do such a good job here - it's brilliant honestly - I didn't intend to upset anyone - just had found out there was help and felt it needed passing on to others to help them that was all.

 

Thanks so much for your help!! I guess I will be around here for a while to chase my money back etc..

[Number6]

Emms, I hope that point about the excemptions helps you and a few others - I didn't read it properly as I'd already paid ours (Doh!! might have not had to pay??)

 

If you are entitled to exemption from the Court Fee then you can still claim it back. Download and conplete the EX160 form and tick the box (1e) that asks if you are reclaiming the fee, put in the date and case number and send it off along with any evidence required.

 

The EX160 can be obtained HERE

 

And an explanatory leaflet can be found HERE

 

Hope this helps.

 

Pete

[Emms]

sorry that I've been away for longer than I expected. Caught up in lifes fast lane juggling jobs, daughter and relationships. Any way I took my claim down to the local county court offices on Wednesday last week along with my completed fee exemption certificate. Warning when claiming exemptiom please ensure that all neccesary docs are upto date - I had a fun relay between the court offices and inland revenue on wed avo between lunch time and school pick up as the Inland revenue had been a bit slow acknowledging my tax creadits for the next year.

Bless Mike the ' Friendly' tax man for taking pity on me and sorting everything out.

Anyway claim has gone in, the guy in the court offices said it should take about 8 days to proccess - aw the joys of beaurocracy!

 

Anyway I've heard nothing since this morning when I opened a letter from Halilax saying they were prepared to up there offer from £600 to £1786 full repayment baring in mind that they did have to recover their costs. Of which I still haven't had disclosed as per my two requests in letters I've sent.

 

so what do I do now?

Do I ignore this and let procceediings progress along with another letter to them saying that I will only accept this as part payment for the total amount etc?

 

Why don't they just give it all back!!!!

[tdb]

Unless 1786 is the full amount you are requesting, I'd accept it only in part payment. It's incredibly unlikely they will ever tell you how much their costs actually are because they are minimal (literally a few pence i should think) unless they are forced to in court - which is why i don't think they've ever gone that far.

[Emms]

Okay I'll send the letter re: only accepting as particial offer blah..again. (sigh)

And wait to hear back from the court that they've proceessed claim & informed me of my case no. etc.

Only a few more days to go...dum dee dum.(Twiddle of thumbs)

 

I have to say that I'm enjoying this, though it's been an emotional rollercoaster of a ride. I feel so much more confident and I'm now off the happy pills.

Great being a worm with the armour of a tractor!

Thanks for the advice tdb and everyone else who've shared.

You've helped me recover from an awful state of mind when I really had given up the will to live. I know that I'm still quite fragile but at least I'm not falling down anymore. Thanks everyone - you're all great!