Becausewecan Vs Halifax

[becausewecan]

SAR's on 2 x bank accounts and 1 credit card account went out today Recorded Delivery - will keep this up to date

 

Becausewecan

[nat]

good luck!

[becausewecan]

Received statements yesterday, totted up the amounts - £1365 in total

 

Sent prelim approach for repayment today - halifax have 14 days to respond.

[MARTIN3030]

Which they may well do with a 20% offer

 

 

[becausewecan]

received the standard, how we will deal with your complaint pamphlet on thursday 24th Aug

[becausewecan]

Hi All,

 

I need some help with the next stage, I sent my LBA on 1 september and received a letter back from the halifax on 8th september offering a 20% settlement. I will be refusing this, but what i need to know is where do i go next, do i send another LBA or proceed straight to court claim?

 

Also, how should I word my refulsal letter?

 

Best regards

Becausewecan

[mechs]

Hi All,

 

I need some help with the next stage, I sent my LBA on 1 september and received a letter back from the halifax on 8th september offering a 20% settlement. I will be refusing this, but what i need to know is where do i go next, do i send another LBA or proceed straight to court claim?

 

Also, how should I word my refulsal letter?

No need to send another LBA

Something on the lines of Thankyou for your kind offer of £xxx which I accept as partial settlement but will persue the remainder in Court if I have to, I shall be filing my claim on the 15th

they wont pay the 20% anyway well they didnt with us

Best regards

Becausewecan

 

Mechs

[becausewecan]

Ready to file moneyclaim now, i've stolen another forum members format, can somebody confirm that this is ok.

 

Claimant has 2 accounts XXX

and XXX with Defendant from

2000 to 2006 conducted on their standard

terms and conditions. Claimant is claiming

the return of £1267.00 + £98.00 (total

£1365.00) taken by Defendant in charges

over 6 years. The Defendant's charges are a

disproportionate penalty and therefore

unenforceable as they are contrary to

common law. They are also invalid under the

Unfair Contracts Terms Act 1977 s.4 and

under the Unfair Terms in Consumer

Contracts Regulations 1999.Para.8 and

sch.2.1.e.

In the event that the charges are not a

penalty they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15. Defendant has declined

justification of charges despite repeated

requests. Claimant claims interest under

Sec.69 of the County Courts Act 1984 at a

rate of 8% a year from (31.05.02) to

(15.9.06) of £290.15 + £19.99 (total

£310.14).

 

As i am not really able to make it to court more than is absolutely neccessary due to work commitments, I realise i will need to send correspondance between myself and halifax (3 copies) into the court with my claim reference number. Am I correct in thinking i only need to send copies of everything from the LBA stage and later?

 

Thanks for the help

[becausewecan]

bump

 

sorry but i need help!!

[becausewecan]

can anyone help me regarding this? thanks

[MARTIN3030]

Is it an N1 you are filing in your local court ?

[MARTIN3030]

They will ask you for further info later.

For the moment you only need to send in the charges schedule.

I will post you a list of other things that you should send in later.

[MARTIN3030]

Almost forgot.......Have you done another spreadsheet/charges schedule that includes the 8% interest ?

one of these will also need to be sent to the bank/defendant solicitor.

[becausewecan]

I have the spreadsheet with the 8% on separately. As for the n1 do i still have to fill this in even if i file the claim online? My problem is getting to the courts during opening hours

[MARTIN3030]

Ahhh if filing online then its different.

 

Ok the claims details you have done are ok.......remember to format this so it fits within the allowed 24 lines.

Send a charges schedule to the court (address is on the claimform ) and another to the bank.

 

When your claim gets transferred to your local court you will later be asked for further info.

At this stage you can send the rest of the stuff.

 

Does this answer your questions ?

[becausewecan]

that's great, one last question, halifax have added some charges to my account since the last letter, can i add them onto the schedule?

[MARTIN3030]

Yes of course you can.

[becausewecan]

fantastic thanks. Just had an intersting conversation with phone banking. recently a charge has been applied to my unused account, it was listed as : charge as notified, however, when i looked at my online letters and statements there was no notification there. The guy i spoke to informed me that they do not have to notify me of charges, this is merely courtesy! I challenged him by asking for that in writing and his tune changed very quickly!

 

Now im on hold to customer complaints dept!

 

arse......elbow!

[MARTIN3030]

Its them who say they WILL notify you that charges are to be taken.

 

 

You couldnt make it up !!

[becausewecan]

Just filed my moneyclaim,

 

Interstingly, after rejecting their initial offer, Halifax offered me a 50% settlement in a letter that arrived yesterday.

[becausewecan]

Claim is filed.. ref:6QZ67090

[becausewecan]

claim acknowledged today ;-)