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    • Hello everyone,   Just thought id post an update.   I've today now finally received a claim form from PRA Group. Bit annoying as the last payment to them would have August 2018 so was nearly over the line. I believe my only grounds for defence is that they haven't managed to produce a copy of the DN notice, however from some online research I managed to find some case law that stated they can use their systems screenshot to show proof of it being sent.   I know I have to respond back to their claim form and will do so online on moneyclaim, is now the time to pick up the phone to them and negotiate a deal?   Any advice as always is much appreciated it.
    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
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Dogsdbs V Halifax


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Hi there

 

Just found out about claiming fees back after being charged £120 last month so I thought I'd post letting you know what happening for me.

 

Kept a lot of my statements but quite a few missing - Current account so far is £504 and Credit Card is £75.

 

Sending 2 letters today to Halifax - One for current account and other for credit card - requesting charges list. Used letter in template forum, addressed to Data Protect Consultant, Halifax Plc, Trinity Road, Halifax, West Yorkshire, HX1 2RG and enclosed Cheques for £10.

 

Does this sound OK? Also is there an approx time frame for getting the list back?

 

Thanks for a brilliant website.

 

Dogsdbs

________________________________________________________________

Halifax Current account - Owed £673, Data Protection Act Letter sent 16/8/06, statements received - 18/9/06,

Prelim letter sent 25/9/06, 6/10/06 - received offer of half the money.

LBA (and offer decline) sent - 10/10/06

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Hi , I am by no means an expert on this but my case sounds pretty similar to yours. I only sent 1 letter and 1 cheque for my credit card and bank account combined and have treated them together claiming for one total amount.

Have however sent separate schedules of charges but in the same letter.

 

So far so good, just filled out Moneyclaim... arrgh!! Have had standard (separate) offers for piddly amounts for each account so they seem to be able to cope with it all in one... shall see...

 

Good luck with everything!

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Thanks for your reply.

 

Sending two because I've just moved house and my Credit Card is still registered at my mum's house. Didn't want to give them any reason to come back.

 

Hope yours goes OK.

 

Fingers crossed.

________________________________________________________________

Halifax Current account - Owed £673, Data Protection Act Letter sent 16/8/06, statements received - 18/9/06,

Prelim letter sent 25/9/06, 6/10/06 - received offer of half the money.

LBA (and offer decline) sent - 10/10/06

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Just realised I didn't put any start date that I wanted on the charges list from on the request letter. Does this matter?

________________________________________________________________

Halifax Current account - Owed £673, Data Protection Act Letter sent 16/8/06, statements received - 18/9/06,

Prelim letter sent 25/9/06, 6/10/06 - received offer of half the money.

LBA (and offer decline) sent - 10/10/06

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Hi in the sense that they wont know how many years you want to go back so you might get 10 years or 1 month Did you send a cheque? wonder if its worth resending the letter agian but altering the text to refer to the previous so that they can cross reference the two but this time put in the date.

 

Mods any idea?:confused:

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There wasn't any mention in the template letter, only this paragraph:

 

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Dave

________________________________________________________________

Halifax Current account - Owed £673, Data Protection Act Letter sent 16/8/06, statements received - 18/9/06,

Prelim letter sent 25/9/06, 6/10/06 - received offer of half the money.

LBA (and offer decline) sent - 10/10/06

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  • 1 month later...

Just a quick update. Received a letter from the halifax on Friday sending back my cheque for £10 back and telling my they don't have to send my charges/statements.

This morning there were 25 letters on my doormat containing everyone of my statements from 1994 to date.

Adding up at the moment and it looks like they owe me £673.

I'm currently preparing the Prelim letter. On the schedule for claiming it says don't put the interest on at the moment but on the prelim template it says put it on.

Anyone know what I should do?

Cheers

Dave

________________________________________________________________

Halifax Current account - Owed £673, Data Protection Act Letter sent 16/8/06, statements received - 18/9/06,

Prelim letter sent 25/9/06, 6/10/06 - received offer of half the money.

LBA (and offer decline) sent - 10/10/06

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________________________________________________________________

Halifax Current account - Owed £673, Data Protection Act Letter sent 16/8/06, statements received - 18/9/06,

Prelim letter sent 25/9/06, 6/10/06 - received offer of half the money.

LBA (and offer decline) sent - 10/10/06

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  • 3 weeks later...

Hello there.

 

Bit more help if possible.

 

Received an offer on Saturday 8th Oct for less then half the money (£330). Of course I'm not going to accept. The thing is I'm due to send my letter before action out tomorrow (10th) as the first 14 days are up.

 

Should I send the LBA and tell them I will accept the £330 as partial payment or does it need to be two letters?

 

Many thanks

 

Dave

________________________________________________________________

Halifax Current account - Owed £673, Data Protection Act Letter sent 16/8/06, statements received - 18/9/06,

Prelim letter sent 25/9/06, 6/10/06 - received offer of half the money.

LBA (and offer decline) sent - 10/10/06

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Or should I just send the LBA???

 

Dave

________________________________________________________________

Halifax Current account - Owed £673, Data Protection Act Letter sent 16/8/06, statements received - 18/9/06,

Prelim letter sent 25/9/06, 6/10/06 - received offer of half the money.

LBA (and offer decline) sent - 10/10/06

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You can just adjust your LBA to reflect acceptance in part without prejudice but, they will probably retract their offer once you have said that you won't accept it as "full and final" or, you can just adjust the wording slightly to reflect the fact that their response has not been satisfactory rather than that you have not had any response.

 

Hope this helps

 

Sarah

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Many thanks.

 

I'll get my LBA in the post tomorrow (With adjustments).

 

Dave

________________________________________________________________

Halifax Current account - Owed £673, Data Protection Act Letter sent 16/8/06, statements received - 18/9/06,

Prelim letter sent 25/9/06, 6/10/06 - received offer of half the money.

LBA (and offer decline) sent - 10/10/06

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Just had another charge (£39). Can I add this to the list i've already sent or should I wait?

 

dave

________________________________________________________________

Halifax Current account - Owed £673, Data Protection Act Letter sent 16/8/06, statements received - 18/9/06,

Prelim letter sent 25/9/06, 6/10/06 - received offer of half the money.

LBA (and offer decline) sent - 10/10/06

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You don't need to send the bank anything else. Just put it on your spreadsheet for the court and include it in your total claimed. You can keep adding right up until the date you file your claim.

 

Just a tip - if you are going to claim through MCOL it might be worth your while registering with them and filling a few details a few days before you are actually due to file. I did it the day before - it saves the pages for you as you go along and it saves having to rush through things on the actual day. I re-read the details I had put in about 3 times before I completed it. You will get to this stage because Halifax won't settle in full before you do but, once you have filed things should move fairly quickly for you.

 

Hope this helps

 

Sarah

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  • 2 weeks later...

Thanks Sarah

 

Filed today. Do I wait 28 or 14 days?

 

Dave

________________________________________________________________

Halifax Current account - Owed £673, Data Protection Act Letter sent 16/8/06, statements received - 18/9/06,

Prelim letter sent 25/9/06, 6/10/06 - received offer of half the money.

LBA (and offer decline) sent - 10/10/06

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Thanks Sarah

 

Filed today. Do I wait 28 or 14 days?

 

Dave

 

I don't think you will have to wait that long Dave. My experience seems to be common in that as soon as the claim was shown as "acknowledged" on MCOL I received a letter offering full settlement. I filed on a Monday, it was acknowledged on the same Thursday and I had the money in my account by the following Tuesday. So, just over a week all in all.

 

Hope this helps

 

Sarah

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Thanks Sarah. Fingers crossed for this time next week.

________________________________________________________________

Halifax Current account - Owed £673, Data Protection Act Letter sent 16/8/06, statements received - 18/9/06,

Prelim letter sent 25/9/06, 6/10/06 - received offer of half the money.

LBA (and offer decline) sent - 10/10/06

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  • 2 weeks later...

Jusy had a letter through saying that Head of legal services at halifax is going to defend all of the claim.

 

Do I need to do anything???

 

Dave

________________________________________________________________

Halifax Current account - Owed £673, Data Protection Act Letter sent 16/8/06, statements received - 18/9/06,

Prelim letter sent 25/9/06, 6/10/06 - received offer of half the money.

LBA (and offer decline) sent - 10/10/06

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Thanks for that.

 

Do they still have 28 days from when the claim was issued?

 

Dave

________________________________________________________________

Halifax Current account - Owed £673, Data Protection Act Letter sent 16/8/06, statements received - 18/9/06,

Prelim letter sent 25/9/06, 6/10/06 - received offer of half the money.

LBA (and offer decline) sent - 10/10/06

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