karenjen v Halifax **WON**

[karenjen]

Hi

 

I have just calculated charges in th last 2years with Halifax £3716!! Anyway I have just written th prelimanary letter will post it tommorrow. Wish me luck will keep you updated.

[carlieanna]

Good Luck.

I'm sending mine out today , so not far behind you.

carlie

[karenjen]

Hi

Sent my prel letter on 24/07 for £3700! let's see what happens...

[callumsgran]

Good luck Karen

[karenjen]

Still waiting for a response! and I've received another £78 of charges:-x

[Michael Browne]

You can add them to your LBA and keep adding them right up till you file at court.

[karenjen]

Thanks for that. I hope that I win but I keep having night mares that they will get to by claim and suddenly think that they are goin to make an example of me and take me to court:mad: . I can imagine singing my defence in court like their singing adverts!

[karenjen]

Received standard letter today,saying that they will look into my complaint within 4 weeks blah blah... I will stick to my timetable so I will send them the 2nd letter on 7th August. Keep you posted!

[karenjen]

Sent LBA today. I wonder if they will offer me something soon!

[karenjen]

I have recently sent my LBA however when the 14 days are up I will be going on holiday for a week. Will that affect the procedures?

 

Secondly I the interest that I have been charged over the two years that I am claiming according to my bank statements probably amount to about £70 if that. My claim is for nearly £4000 is it worth working out the interest? I am confused...help:?

[andybhoy]

Im not sure if the extra time will affect your claim in any way, thats for someone else to answer I'm afraid, but having put *some* of my charges totalling £1089, and going back to May '04, the single 8% intrest is £122 on that alone. I have more statments coming though, and also, I *believe*, though I could be wrong, that I can charge another 8% intrest on top of the original 8%, thus bringing my total claim to £1333, and thats only a wee bit of it. have you calculated your intrest using the spreadsheet in the library? Thats how I done mines.

 

I used the spreadsheet to compile my Schedule of Charges, and it automatically adds the intrest on for you. Save the sheet at this point, but dont print it. Then, hide the colums that have the intrest in them print them out, ensuring no intrest is showing on the printout and send that away as your Schedule.

 

When its time to claim back the intrest, you can simply unhide the intrest colums and use it for that as well. If everyone done that, everyone would be claiming back their intrest, as its really easy.

 

Anyways, its your money, they've taken it, get it back! Its not the amount, its the principal!

[sohoscribbler]

I was away for five weeks in the middle of my process and it didn't make any difference except that it delayed things a bit.

[karenjen]

Thanks guys. I will start preparing my spread sheet now and finish the process after my hols.

 

They haven't even made me an offer:x

[karenjen]

Hi

 

Papers were served on the 29th August I haven't heard a thing since ... should I be worried bank has up to 14th to respond but on reading the threads people are getting money before the 14 days or at least acknowledgement acouple of days after papers are served. Can anyone help??:?

[Tinkerbelle]

Don't worry. Banks will often wait up until the last minute to acknowledge the claim in order to buy themselves more time.

 

In the event that they do not respond, then you will be one of the lucky few who gets to hit that JUDGEMENT button

[orfoster]

I think im at the same stage as you. My claim was served on the same day and the bank have the same time to reply. Mines Natwest but i will be watching with interest.

[aardvark the lecturer]

Stick at it and follow your schedule up to the 14th, there are many many cases where banks are waiting until the last possible minute to submit defense or settle.

Keep thinking about the interest ticking away......

 

lol

[EKELSEY]

Well Bank of Scotland decided not to respond to me so maybe Halifax trying this tactic too!

Im in Scotland so never got to be "one of the lucky few who gets to hit that JUDGEMENT button" although i am intrigued. Sounds much more exciting than simply writing to the court.

 

Good Luck

[karenjen]

Hi everyone

I cannot beleive it checked my account this morning and I have been paid up - £4100 I am so amazed.

How do I make my donation?

[dollies01]

Fantastic news! well done!

pleaseeeee let me be sooooooon! lol

[karenjen]

Oh it will be very soon. There was no acknowledgement or any communication with the bank and they had up to the 14th to respond.

 

Good luck this site has been fantastic!

[Michael Browne]

Congratulations!

 

Please fill in bank survey. You can donate here:

https://www.paypal.com/cgi-bin/webscr

 

Well done, enjoy the dosh!

[caro]

Congratulations. I have merged all your threads and changed the title so everyone can see how you got your bank charges back.

 

Donation button at the top of the page, and please complete the survey too.

 

Thanks and well done.

[karenjen]

Hi

 

Thanks very much. I could not have pursued this if this site was not available. ONce I have sorted out my money I will definitely be making a contribution. This money has pulled me out of a very difficult financial situation. Just a note to everyone pursuing a claim read the Q&A carefully and follow the step by step guidelines without straying.

 

I have been charged a further £117 since I put in my NI so I think that I may as well as claim that too!

 

Thanks again and good luck to everyone (not that you will need luck).

[bandonbhoy]

Reading into it in Scotland, I came acros this information, If your claim is for way in excess of £750, rather than claiming for tranches of £750 to reach your totalclaim figure, why not claim for tranches below £200 and in the attached info, your expenses may be significantly greater. Or am I reading this incorrectly?

The rules on expenses in Scotland can be complicated, for example, if a bank does not defend a small claims action (or having stated a defence does not proceed with it) then the protection of the restricted small claims expenses (eg. no expenses if the claim is under £200, or a maximum of £75 for claims over that figure and up to £750) does not apply in terms of Small Claim Rule 21.6 (available here: http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/ssi2002/20020133.htm#IDA2ROLD).

Instead in that scenario the pursuer (eg. you) are entitled to claim expenses on the Summary Cause Scale. How much can I recover? Here is an example: your raise an undefended claim for £49.99, if after the Return Date no response form has been received by the court you can Minute for Decree in terms of Small Claims Rule 8.1 - you must Minute in Form 11 (download as pdf).

In the example given you would Minute for the principal sum sued for (eg. £49.99) with judicial interest at 8% per annum until payment with expenses of lodging dues (eg. £7) and the £181.30 block summary cause scale fee, resulting in decree for payment of £49.99, with expenses of £188.30 (all in terms of the example used).

The relevant expenses tables in undefended small claims actions are reproduced below (with links to the relevant statutory instruments):