And so it begins...

[mo]

hiya,halifax told me to go away as well,offered me 6 months of charges,i said no to that,frightened myself lol.filled in court papers,and got paid from them yesterday,so stick to your guns

[gizmo111]

got a letter back saying sorry i dont accept the 25%, now go away. moneyclaim time....

 

ALLL HELP AND ADVICE APPRECIATED AT THIS POINT!

 

Read the FAQ and use the templates all the info you need is there. If there is anything specific you are ahving a problem with then post back.

[Meister]

how ya doin whitemouse?

 

Just thought i'd let you know, i'm at exactly the same point as you with I.F, received there customary 25% offer letter on the 25th, sent a thanks but no thanks letter same day and got a letter back today saying they will not refund any more so i'm filing the court claim today.

 

I actually called Rhona Kerr-Sloan to have a bit of an informal chat today, just to ask a few questions and to double check that that was there last offer as i was about to file court claim and that would result in them paying hundreds more......but sounds like her hands are tied... 'just leave it to the litigation dpt in halifax she says'...

 

Will do, its their loss at the end of the day!!

[whitemouse75]

ok, tyring to do mcol but on the particulars of claim it won't submit, i can only guess that its due to it being over 24 lines despite being well within the 1080 character limit.

 

1. The Claimant has an account xxxx with the Defendant, opened xxxx.Since xxxx the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. 4. Claimant contends a)The charges exceed the Defendant's losses caused by the breaches; (b)The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999,Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims a) return of the amounts debited of £xx;(b) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xx to xx of £xx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xx 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

 

 

how can i trim it down??

[whitemouse75]

ok, just deleted step 6 towards the end, claim submitted!

[whitemouse75]

mcol acknowledged 11/12/06

[Meister]

they still have acknowledged mine yet!! theyve got until 19th!

[whitemouse75]

i'm not sure what it actually means other than it gives them another 28 days

[Meister]

its not another 28 days, its 14 more days (28 days in total) from the date that the claim was deemed to be served on the defendant, you should have this date in the confirmation ltter from the court!

[whitemouse75]

deemed served on the 6/12, hope they chop chop!!

[whitemouse75]

hmmm, received a letter from legal services today asking for my account number or roll number (?) as i had forgotten to put them in my claim despite the first line saying:

1. The Claimant has an account xxxxxxxx with the Defendant, opened xx/xx/xx

 

stalling tactic?

 

[Meister]

Probably a mistake their side, might be an idea just to call them so they don't try to strike out your claim.

 

So have they acknowledged your claim yet on MCOL, they still havent with mine, i'll apply for judgemnt tomorrow!

[whitemouse75]

yeah mine was acknowledged, gives them until about 04/01.

i emailed the person who wrote yesterday's letter, they said it was because i only included the account number not the sort code. i thought IF only had one sort code, and even if not, surely they could find it out on the internal phone quicker than writing to me???

[Meister]

you would think so wouldnt you, their incompetency really doesnt surprise me, i had nothing but problems when i was with them.

[janetsilver]

Hi to all on this thread - am reading with great interest. Im about to file small claims court application in Northern Ireland against IF and am getting nervous! Well done so far to all here...Im hoping perseverance pays off...tremble!

[whitemouse75]

ok, i reckon that 28 days from being served on 6/12 gives them until 4pm today. what happens if i have heard nothing?

[Meister]

Hello again, have just filed for judgement myself today, they had until yetserday to file a defence.

 

Its dead easy to do, just clcik on the 'start' button on mcol - fill in how you would like to be payed (i've put the immediately option) and work out how much more in interest your due since you filed your claim and fill that in the box provided.

 

Just hope the courts dont let them file a defence now that their time is up!!!

 

Good luck

[whitemouse75]

is there any reason for sonsidering not filing for judgement? the deadline passed at 4pm yesterday

[Meister]

cant see any reason why you wouldnt want to file for judgement, i filed yesterday and its been accepted today, the order has now been sent to I.F and fingers crossed, must be only a week or so till i get the cash!!

[janetsilver]

Yeah go for it whitemouse - why get this far and not complete things...you will win!!

[whitemouse75]

i just thought i'd read something about them being able to apply for an extension or something, dragging it out even longer

[whitemouse75]

cant see any reason why you wouldnt want to file for judgement, i filed yesterday and its been accepted today, the order has now been sent to I.F and fingers crossed, must be only a week or so till i get the cash!!

 

 

ok, i filed and it was also accepted, do we just sit and wait now?

[janetsilver]

I've filed too..am waiting for some action!!! It seems to be such a long and drawn out process but here's hoping we all get our money back...Im on to Halifax now too (I know in retrospect I should have combined the two but didnt realise, so am doing it separately!). Agree re this forum being quiet...are all those IF customers happy not to claim???

[whitemouse75]

its sad really, i think it should be merged with the halifax one, seeing as we deal with the same people.

 

i had to post a thread on the halifax board and pm individuals just to get a response on here

[Meister]

You should get a letter any day now settling in full.... I did today!!

 

£1800 Settled in full!! Only problem is, they said they would credit my account.. its been closed for 2 years though. I rang them and they are sending out a cheque asap!!

 

Dont worry, you'll get yours by the end of the week i would guess.