Gill V Halifax

[bearo]

Standard letter, don't worry, proceed as normal.

[doinmaheadin]

Thanks Ollie

 

LBA sent by special delivery 14 days and counting from tomorrow then onto court off to read up on how to to fill out the forms will likely be back with questions will have to take it myself down to court as on benefits so not sure as yet how to fill in the forms

[doinmaheadin]

Well just got back in the house to be told by my sister that the bank phoned me stating that they have recieved my letter and they will be sending a letter out to me in regards to it obviously I wasn't in to take the call so don't know what it was about but they thought my sister was lying by saying she wasn't me till she couldn't give them any details on the account. How stupid are they?

[doinmaheadin]

Well recieved the letter that the phone call was about yesterday. It's the standard letter with a good will gesture of £513.00 full and final. Well I won't be signing the acceptance slip they will get a letter saying that I will accept as part payment but I'm still going to pursue the rest I'm claiming £1639.95 to date

[pennypenny]

Goodluck Doinmaheadin,

You're slightly ahead of me with your claim, I sent my LBA on 13th november and I really hope it's all sorted out by christmas for you. I think it should be going by all the other threads. I'll be following your thread with interest:-)

[doinmaheadin]

Thank you Penny I do hope so hopefully it should be sorted with something like 2 weeks to go

 

Good luck with your claim

[doinmaheadin]

I'm going to be sorting out my court papers tomorrow but I do have a question or 2 before I fill it out (LBA time up on Thursday) the first is,

 

When doing the list of charges (which I know) and the interest (know that part too) how do I put it at the bottom for the extra costs like the total charges plus interest then I'll have the extras to add on like the postage (I think) the DPA cost ETC? I need to go down to the court cost I'm on benefit so hopefully it won't cost me.

 

The second question is I'll be filling out the N1 by hand (prefer that know what I'm writing then lol) what exactly do I write? I found this in the templates do I just eliminate any parts that doesn't concern me and fill in the blanks that do?

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Any help would be appreciated just don't want to get it wrong want to look "proffessional" LOL

[Michael Browne]

The schedule should just list your charges and 8% interest. Costs such as DPA fee can be listed separately in the Value box.

 

You can fill the N1 on-line, if you want a more professional look, although I agree 100% about 'know what I'm writing then ' Plus you're going to need 3 copies of N1 + schedule. But remember you can't save it, you have to print it off before closing.

 

Re: benefits - You need form Ex160 from here:

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=168

 

Phone the court and they will tell you what documentation you need to show.

[doinmaheadin]

Thank you for pointing me in the right direction for the Ex160 just filled out and printed ready for signing and dating. Now to sort out the N1 which I'll do tomorrow evening might leave it till close of business on Thursday just to give them that final day to put my money in my account doubt they will but you never know

[doinmaheadin]

I'm filling in my N1 online (not mcol) can someone help me with what I put in the "brief details of claim" section please? And in the "particualrs of claim" would I be OK to fill that in on a seperate bit of paper and attaching it to the N1 or would it have to be on the form itself?

 

Nerves starting to kick in now never done anything like this before not even with a lawyer doing it for me

[Michael Browne]

Brief Details: The claimant has a bank account with the defendant. The defendant deducted from the account various amounts of money in penalty charges. The claimant contends that these charges were legally unenforceable and the claimant is demanding the repayment of money.

 

In POC's put: Please see attached sheet.

[doinmaheadin]

Thank you

 

Off to court tomorrow couldn't do it today our court house was closed due to a bomb scare

[doinmaheadin]

1 more question I've seen somewhere about the daily interest rate how is that worked out? I don't see a part on the form for that or is there somewhere where I add it in or does the court sort that automatically?

 

Thanks for all your help

[doinmaheadin]

Well just been down to my local court and found out something interesting and might be of use for those claiming in Northern Ireland.

 

The N1 form and the Ex160 are no good over here it is a different form altogether and totally different to each other but still with the same effect. Also, over here you are NOT exempt from the court fees no matter if you are on benefit as if you win (which we all know if done right you will) you get the court fee reimburesed from the defending party. Also, if you are claiming between £500 and £2000 (£2000 is the maximum to keep it in the small claims court) the court fee is £62.

 

So had to come back home to sort the form out, borrow the money from a friend, and going back this afternoon to hand it in. Also got told the claim then gets sent from there to Belfast for them to make the claim active and issue it to Helifax.

 

The clerk I spoke to was extremely helpful even came out from behind the desk with the glass in between us to talk properly what a nice guy hope he's there when I go back

[doinmaheadin]

Well that's my claim in the court hands it needs to go to Belfast before it gets sent to Halifax. I think I'm the first one to lodge a claim like this in my local court they hadn't heard of this happening before. Instead of one clerk dealing with it I had 4 come take a look lol.

 

Well now I sit back and wait

[edtheduck]

HI Gill, I'm in NI too and am about to post off some letters today:

 

1st letter requesting refund of fees £157.03 with interest.

2 letters to halifax (i have another older acc with them) and First Trust asking for breakdown of my charges.

 

Sending it to Trinity Road address.

Nervous, but seeing you (being in NI) have claimed, i'm going to go for it!!

good luck and i may be contacting you in nfuture for help/advice??

thanks

edtheduck

[doinmaheadin]

Hi Ed

Good luck not that you need it feel free to ask any questions and read as much as you can. I too was nervous when I first started my claim but the more I read the more I got excited plus read the long threads especially those that have won it sure does boost your moral. If you are going to lodge it through your local court then go to it 1st and ask them for a small claims form it's different to the N1 form on here

 

Gill

[edtheduck]

thanks - all posted off now, so just wait and see.

[doinmaheadin]

Ok well after a 3 week back log I have finally recieved the documents from the court giving me my claim number. they now have until the 23 Jan 2007 to respond to the court if nothing by then then I can go for Default Decree. Ain't the courts nice over here they even give me a ready made letter for when the claim is settled just the blanks to fill in and a letter for the Default Decree again with the blanks to fill in. Ok so I won't likely get my money for christmas but we will just have to have a second christmas in my house

[edtheduck]

i reclaimed £155 from Halifax on 19th November and got offered £127 this morning. Now, my question is ...of the £155 i claimed, £28 of this is not due to be taken until the end of december, so would one presume that the £127 is the £155 less the £27?i am happy enough to accept their offer, but should i say i am accepting it based on the assumption that the £28 charge will not come out at end of december? or do u think this will come out anyway??what do you think?thanks

[doinmaheadin]

is the £127 the full amount you are claiming?

[edtheduck]

well it was 155 with interest but 28 of the 155 charges arent coming out til end of dec.so i guess thats where they're getting the 127 from.

so i am prob going to accept without prejudice their offer and also on the assumption/proviso that the 28 will not be taken...dont know if that will work, but i am pretty chuffed to have been offered this so soon. just waiting on statements from other halifax account and first trust so...............great news all round

[hillards]

Give the person who sent your offer a letter a call and ask the question - ask them to ensure that the forthcoming charge is reversed, they have the power to over-ride the system or stop it if that's what it will take to agree on settlement.

 

They are not scarey people, they're just doing their job and handling as many cases as they can. Seems that recent policy is to reach agreement before court stage. That saves them having to refund court fees, and the 'little extra' 8% of course.

 

They've cottoned on to this as a way to save a few thousand and we are told that if we settle, for the full amount, prior to court stage then that's a successful claim. No logic in going forward if we get back what we originally asked for. Nobody can really go to court stage if they've had a full repayment offer.

 

You may as well get things clarified so you have peace of mind come the end of the month.

[doinmaheadin]

Certainly sounds like you have won to me congratulations now if only they would have settled mine before the court stage i would have been happy enough with that but not to worry congrats again

[edtheduck]

thanks hillards & doinmaheadin - i've sent it off now but i put a note on it that i accepted "without prejudice and also on the assumption/proviso that this charge will not be taken. i trust this meets with your approval" fingers crossed, but to be honest i am happy anyhow with the speed i have been dealt with so..... i would have had to pay to file in court and it would have probably cost me more than £28 to file, plus the wait and botheration.... so i think i've done ok even if they do take it!!