Sime V Halifax

[sime1230]

I am sending the Data Protection Act letter to the Halifax 1st class recorded del 15/08/06 asking for charges for the last 6 years since I opened my account with them have given the 40 days to reply and have enclosed a cheque for £10.00 to cover costs!!!! dread to think what charges will be hope they will respond sooner sent letter to Halifax, Trinity House, Halifax HX1 2RG

[thewifeandI]

It's a good start, and you've got to start somewhere!

 

While you are waiting for the statements, take some time to read up on the next steps and the ones that follow after that. Have a good read of some of the threads in this forum to see how others have fared. Good luck.

[sime1230]

Well sent of SAR letter to the Halifax they failed to send statements within 40 days called the Halifax to say have not received 2 days later 19 envelopes of statements arrive in the post so I set about adding up charges they total £1771.00 so have filled in the spreadsheet and sent the preliminary approach letter recorded del mon 2/10/06. Tuesday 2 massive letters arrive in the post more statements!!!! So the Halifax now have 2 weeks to reply or I am going to really lose my rag!!!!!!!!

We didn't realise charges would add up to so much just shows how much money they have taken from us in the last 6 years.

Hope to hear from the Halifax soon christmas is on it's way!!!!!!

[aardvark the lecturer]

Hi there, I am now about 5 weeks ahead of you and filed earlier in the week. Don't be surprised if they don't respond in the two weeks at all, and certainly don't expect them to pay up without a court case being filed.

They do sometimes (with no obvious pattenr) but it's very much the exception rather than the rule!!

 

Good luck and fingers crossed for you that it arrives in time for christmas!

[sime1230]

My boyfriend got a call from the Halifax lasts friday so he told them to contact me because I am dealing with his charges anyhow 2 minutes after they call him I get a phonecall offering us £156.00 out of the £1771.00 of charges so I refused and the lady said the most I can offer you is £478.00 so that offer went up within seconds I told her that he would not accept offer and the 14 days have expired so I am now sending them the Letter Before Action and have also sent the partial offer letter accepting there offer as part settlement they now have until the 29th October before we File court papers.

Cant believe the offer they made told the lady we would be going to court she said well that is dealt with by another dept so I guess we will never here from her again.

Need this money asap christmas is coming!!!!!

[bearo]

Well if Halifax continue to stick to the process that they seem to be using I think you will certainly see your money by christmas, however please be aware that timelines and outcomes are never guaranteed to be the same for everyone!

Stick to your side of the timeline, read lots between now and issuing your small claim and you will be able to proceed without missing valuable days in research!

You are doing fine by the way!

[sime1230]

Right I am just filling out the Money Claim Form on line the total of claim is £1771.00 plus the interest is £351.69 how do I work out the daily rate I have tried to work it out using the money claim template put doesn't make sense.We are not claiming and overdraft interest as account doesn't have that facility.

Also when it says total claimed do I include the interest charges or just the £1771.00. I am getting really scared now also do I send new schedule of charges up to todays date or do I just leave it, have seen from other threads people have not had to and been settled just need reasuring!!!!!!really really scared now!!!!!!

[Springer]

Hiya

 

I filed my MCOL on Friday, so am a few days ahead of you. It won't be long now!!!

 

To work out the daily rate, you take your total charges (excluding the 8% interest) and multiply it by 0.00022. This will give you your daily rate.

 

When it says total claimed, enter the total of your charges, PLUS your 8% interest.

 

Once it is filed I think you have to send the Halifax another statement of charges, but I need clarification of this myself!!

 

You will be fine and please don't worry. I had major panics last week, but you are almost there!! Any other probs, just post.

 

xoxox

[sime1230]

Great thanks for that was really worried once money claim is filed just wondered how long it usually takes for the Halifax to pay up????

I am planning my day out Christmas shopping knowing my luck the Halifax will chose to defend and will still be waiting after Christmas!!!!!

[Springer]

Looking at the posts in the 'sucessful claims' bit, it usually takes about 1-2 weeks, but I suppose it is different for everyone and depends on how busy the Halifax are!! (very I suspect!! shame!!) I am sure you will get it in plenty of time for your Xmas shopping!! You will be able to do a trolley dash!!

 

xoxo

[sime1230]

So do I need to send a schedule of charges to money claim and the Halifax if so what do I put on the letter???? I don't want to mess this up now

[GaryH]

Send two copies with this covering letter;

(YOUR ADDRESS)

The Court Manager

Money Claim Online

Northampton County Court

21-27 St Katherine’s Street

Northampton

NN1 2LH

(DATE)

Dear Sir/Madam

(YOU) –v- (BANK)

Claim No: ********

I have today requested the issue of a County Court claim via the Moneyclaim online service, details as above.

Please find enclosed a schedule of the money taken from me by the defendant bank by way of charges, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

I respectfully request that the enclosed schedule should be attached with the particulars of my claim.

Yours Faithfully

(YOU)

 

Send this to the Halifax as well if you like;

(YOU)

(BANK)

(DATE)

ACCOUNT NUMBER: **********

Dear Sir/Madam,

Further to my recent correspondence to your department dated **/**/** and **/**/**, in which I requested the repayment of unlawful charges which have been levied to my account, your lack of positive action to resolve this matter has regretfully left me with no alternative but to seek redress at the County Court.

I wish to inform you that I have today (**/**/**) issued a claim for the repayment of the unlawfully taken charges, plus statutory interest, plus costs. The claim will be served to you in due course.

Please find enclosed a schedule of the charges I am claiming, along with the interest accrued to date. A copy of this has also been sent to the court. Please note this schedule does not include court costs.

Yours Faithfully,

(YOU)

[sime1230]

Hi filed money claim form on the 3/11/06 the claim is showing as issued on the website so does this mean that the claim has to show as served before the Halifax get there 14 days?

[sime1230]

Hi there Moneyclaim issued 7th November 2006 due to me making an error in 1st claim just checked moneyclaim site and claim has been acknowledged the 13th November. does anyone know what will happen now??? it states that the Halifax have 28 days from when the claim was served can anyone tell me what will happen now or what usually happens now?????

[pixiepower]

Hi there, at a smilar stage to you, court claim was deemed served on 7th November and acknowledged on 9th November with me. What happened next is I got a letter from the court, saying that Halifax intend to defend their claim. They have 28 days from when it was served (7th) to file their defence, so thats what you are waiting for as well now,to see the Halifax defence!

What seems to happen in most cases is that they receive a letter within the 28 days from the Halifax stating that it would not be financially viable for them to continue and offer you full payment. This is what you and I should be hoping for. In the meantime, I have been reading up on the court questionnaire that I may have to fill in if it goes further, so maybe do some preparation in case it goes to court. But it seems that in nearly all cases I have read, the Halifax WILL pay before the 28 days are up.After all, if they actually went to court, they would have to prove that £39 for a bounce DD is a lawful and just amount, which they just can't do:D

 

Not long to wait now,

[sime1230]

:D Have just checked my other halfs bank balance and we have won the Halifax have paid up in full and payed court costs!!!!!!!!!!!!!!

Will make a donation after have done the school run!!!!!!!

Thanks for everyones help I have now inspired one of my friends to beat the banks!!!!!!!!!

Can you please change our thread not sure how to do!!!1

Thanks again

Siobhan