Halifax claim

[cazza57]

Hi Everyone

 

I have started to make a claim against the Halifax, just waiting for my statements to come through. They are dragging their heels though while the Clydesdale (Im helping my mum with her claim) who have been very difficult with a lot of others on this site have already given us the statements with the miniumum of fuss!

 

I need to check the terms and conditions of my account to see if it is under english law or not. It would be nice if it was as I could claim everything at once but it would be more convienient to claim here as the sheffifs court is pretty handy should it get that far.

 

My plan of action is to ask for the whole amount in my letters then split it up at the court stage if necessary.

 

My only query is interest. I know that this only goes on at the court stage - am I right in thinking that if I was charged say £30 on 1/1/04 then I would add the 8% interest from this date until the claim date as this represents the interest I would have made had the bank not taken the money?

 

Will let you know how I get on.

 

cheers

caz

[Tink]

Good Luck Caz

 

I am still waiting on my statements from HBOS and am not holding my breath, thankfully I have 18 months worth of statements here so am pursuing them for this timeframe whilst I am waiting ...

 

There was a question mark over when we can claim the 8% and the mods were working on it over the weekend, I haven't read any outcome on this yet though.

 

T

[charlieho]

Cazza57,

 

Very useful link about juristdiction at the Govan Law centre

Also Vampiress has a spreadsheet for use in Scotland .(which includes interest and I used as the basis of my schedule of claim)

 

Best of Luck

CharlieHo

[cazza57]

Hi

 

thanks for that. I am now looking for evidence to support my claim that the bank charges are penalties incase I do get to be the first person to take my claim to court (and win obviously).

 

I wll go through the Govan Law site with a fine toothcomb and go through the rest of this site (read all the scottish forum stuff)

 

 

As for my claim I am STILL waiting for the statements from my bank.

 

caz

[cazza57]

Have decided to try and chase up Halifax for my statements, not expecting much success though.

 

I have about a years worth of statements online so I am printing them off as I type and will tally the charges up. If they are reasonable I will start my claim (not want to do 5 claims if two will do) as I am tired of waiting and want to get the ball rolling.

 

caz

[cazza57]

hi

 

My statements came through eventually after I had sent my first letter using a years worth of statements. When I went through them I noticed that 2003 was a very short year - it lasted a few days! The statements jump from 31/1/03 to 31/1/04. I have been in touch with Halifax but still waiting...

 

I recieved an offer of good will of £188, my first claim is £620 so i rejected this and sent my second letter. I will need to get prepared to pu a court claim in very soon. I am fed up waiting for 2003's statements so I have averaged out my charges and estimated what these should be and prepared the first letter for this claim. I will make sure that I don't have both claims heading for court at the same time.

 

Caz

[cazza57]

Have had no response so putting in my small court claim tomorrow (should have been wed but I work wed and thurs night). Currently trying to ensure I have all the relevant info to hand. Am petrified but I am going to get my money.

 

caz

[msneddon]

Where are you going to serve the claim. Local branch or their head office in England. Which court are you using . I am currently persuing Abbey but Halifax is next

[cazza57]

hi

 

I have served my claim at my local court as it is way too much hassle to have to go to England if they don't settle soon. I broke my claim up so I am under the £750 limit. I also send my second claim second letter so the bank knows I am serious and I can take the second one to court as soon as the first one is resolved. I have until November for the bank to decide to pay me or defend...

 

caz

[cazza57]

the good news is that the bank decided to pay out my court claim plus costs and interest...

 

and they offered me a settlement for my second claim which I decided to accept. They paid the court claim within 5 working days.

 

The bad news is I am still waiting for the cash from my second claim (the settlement). Its been 15 working days. And the bank have given me a £90 charge!

[sarahmoon33]

Hi, firstly congratulations on your win. Ive just filed my first small claim at court and am waiting hear my return date etc.

 

I would chase the bank for the settlement they offered and I would write a pre lim letter for the £90 charges they just applied.

[cazza57]

hi

 

I am now chasing up my new £90 charge and trying to get my settlement. I have written to Halifax telling them if they do not give me my money in 7 days I am going to court.

 

Question is this: If they claim they do not have my signed form stating I would accept the settlement can I go ahead and claim in court for the full amount? Can I go ahead and claim for the full amount anyway (its nearly 25 working days) due to the inconvienience? I only settled to stop the hassle of having to go to court but it looks like I'm going anyway!

 

thanks

caz