Msa V Halifax ***SETTLED IN FULL***

[msawouldlikejustice]

Hello all

 

Sent off Halifax S.A.R 19.07.06, recieved letter saying statements would follow but havent got them yet. I have had a look through the forums to see if there is a template letter to remind them of the time scale limitation, cant find one, i know its still early days just wondered if anyone has had this problem and what did you do?

[Michael Browne]

Look here for DPA non-compliance letters:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

[msawouldlikejustice]

Cheers michael i dont know how i missed that.

[msawouldlikejustice]

Halifax didnt comply the 40 day period is up and no statements. I sent off the faiure to comply letter yesterday and am waitng a response. I arent suprised as this is the level of customer service i have come to expect from them.

[msawouldlikejustice]

Still no statements, sent off barclay s.a.r a week and a half after the halifax one and they came last week. Cheeky gets and ive paid for them (£10). Dont ever bank with the halifax!

[msawouldlikejustice]

Statements have finally arrived, i added up the charges which came to over £700 (for 1 account) over the weekend, typed out my prelim letter and list of charges and sent them off this morning recorded delivery. Will see if they are any quicker at replying to this.

[msawouldlikejustice]

Got a letter friday offering a settelment figure and brochure with information on banking charges. i am really happy that i am starting to see some progress and the halifax is paying me for a change! tempted to accept but i think ill take them to the cleaners. Just about to look through the forums on what to do next.

[Michael Browne]

Delete 1st sentence of the LBA and add:

 

Thank you for your letter dated xx/xx/xx

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

[msawouldlikejustice]

Thanks again Michael, am going to type it out now.

[TARISA]

Hi, I Sent My First Letter To The Halifax And Received An Offer Within 14 Days Of Almost Half The Ammount I Claimed!! Not Bad For The Cost Of A First Class Stamp - It Does Work!!!! Good Luck!

[msawouldlikejustice]

Thats really good to hear Tarisa, did you claim the full amount?

 

Also am a little confused so if anyone could clear this up for me i would be grateful. i received the standard settlement offer of just over half the ammount 2 days before the 14 day deadline was up and i read under step by step instructions that there is no need to send another letter, just start the moneyclaim, am i correct in thinking that?

[TARISA]

only just received the first offer, so still have half the battle left to fight! no there is another letter to send accepting the offer only in part payment and you will be claiming for the rest, you will find it in the library templates! good luck!!

[jonni2bad]

But I would limit their response time to 7 days, no more.

[msawouldlikejustice]

Thanks jonni2bad,

 

Halifax letter came today, just another standard reply letter i think, saying "we will not be refunding the money as you did not wish to accept it", thats funny i am sure i said i would but still persue for the full amount!

Anyway i have registered with money claim so i guess i will double check i know what i am doing and get on with that.

 

Time from starting this whole process upto now 2 months 10 days, but i am making progress.

[jonni2bad]

Post back if you need help with the Particulars

[msawouldlikejustice]

Ok just to confirm and inform any confused souls

 

On MCOL "money claim online" you register, enter your details, as the person claiming you are the claimant and then enter the banks details they are the defendent.

 

Keep following the instructions step by step, as i understand you enter no under the human rights act question, and yes under the reserve the right to claim interest (if you have decided to claim your interest).

 

I then entered this as my short statement:

 

I am claiming back charges in the amount of

£xxxxx deducted from my account because i

now understand that they are unlawful at

common law. I will also be claiming back the

costs i have incurred during this process

which include the £10.00 cost for the subject access request and court fee of £80.00.

And added the total costs in the calculation boxes provided below.

I couldnt find any info on CAG site about filling in MCOL but i suppose it pretty simple to understand and fill in, this is just incase your wondering plus could a moderator or someone in the know please confirm i have done it correctly. THANKS

[Michael Browne]

I then entered this as my short statement:

 

I am claiming back charges in the amount of

£xxxxx deducted from my account because i

now understand that they are unlawful at

common law. I will also be claiming back the

costs i have incurred during this process

which include the £10.00 cost for the subject access request and court fee of £80.00.

 

This is a little sparse as Particulars of Claims go. You could try this which may need a little tweaking to fit

:

Claimant has account (A/C No) with Defendant from (Date a/c opened) conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) 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(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

[msawouldlikejustice]

Thanks very much Michael, i am glad i saved it and did not submit the claim now.

[msawouldlikejustice]

MCOL submitted and am dead excited. I know its not over yet but thanks for the help and advice so far.

[msawouldlikejustice]

Ok i might of messed up or am just being paranoid, sent LBA off dated 24.09.06. Recevied halifax reply saying "i confirm we will not refund all the charges" on 30.09.06. I then assumed because they have clearly stated they will not be refunding me i could start my MCOL so i did and entered it yesterday, 7 days before the 14 day deadline.

All the other threads seem to be waiting the full 14 day deadline before entering it, will that cause any problems? thanks.

[Thailand]

I really wouldn't worry about it ,the bank have made thier postion clear - IMHO there was no point in waiting anyway. I can smell your victory on the horizon!

[msawouldlikejustice]

Once again you have all the answers, thanks thailand.

[msawouldlikejustice]

What do you enter here?

 

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

The defendant has not filed an admission or defence to my claim

(Judgment by Default)

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

The defendant admits that all the money is owed

(Judgment by Admission)

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

 

 

Sorry for been thick, help please?

[msawouldlikejustice]

I am in over my head!!!

 

I thought i had really done well up to this point, i was uisng the CAG site to do research and double check everything without having to ask questions every 2 seconds but now am at a loss.

 

Questions:

Once the claim has been issued on MCOL am i right in thinking that you send off the schedule of charges to Northampton County Court straight away?

 

Do i click on start under judgement in the claim menu on MCOL website, or is somthing suppose to happen first like the bank replies or you give them the fourteen days?

 

If you do click on start straight away, what is the answer to the above post?(because it is the first option you get)

 

Thanks.

[Thailand]

I didn't send any copies, really don't think you need to at this point. Your MCOL claim is complete - where it now says 'issued' will change at some point over the next 19 days (the court will write to you shortly informing you of their deadline to respond). It will probably change to 'acknowledged' within this time. You need only use the default function (where is says 'start') if the Halifax miss thier deadline so don't worry about what you have asked in post #23. You really won't have to do much over the next few weeks, so sit back, give yourself a pat on the back, and don't fret!!