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Zenith69uk vs HBOS


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Hi all didn't really feel ready to post a thread till i got to this point, but now got my statements through from the evil hbos and its actually almost a k less than my guesstimate. So copying the 'preliminary approach for repayment' from the templates library, and posting it on monday morning. My intent is to go after them in their local ie Halifax registered hq's county court as I am based in scotland and want to go after them for the full amount in 1 whack. If any jocks have done this so far can you give me a shout and offer your counsel.

 

Good luck everyone

Zenith Vs Halifax

 

Data Protection Act Letter Sent 16th June 2006

Halifax S.A.R - - Reply received 23rd June 2006

- Sent LBA threatening Sect 7 Action 23 Aug

- Statements arrive 8th September2006

- PAR posted 11 Sept 2006

- Halifax Reply - - No joy (shock horror)

- LBA for payment, prepared for posted on 22 Sept 2006

- Halifax reply (offering £975) in full & final settlement (dated 04/10/06)

:)MCOL Submitted & Letter posted accepting £975 without prejudice as partial settlement on 9th October

MCOL Acknowledged (6QZ71604) on 12th Ocober, deemed served by MCOL on 15th

Letter from Halifax folding on 17th October - HUrrah

I WON

 

Total of £3444.19 including interest

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Mods, should this run concurrently in the Scottish group or should the thread just be in there completely?

Zenith Vs Halifax

 

Data Protection Act Letter Sent 16th June 2006

Halifax S.A.R - - Reply received 23rd June 2006

- Sent LBA threatening Sect 7 Action 23 Aug

- Statements arrive 8th September2006

- PAR posted 11 Sept 2006

- Halifax Reply - - No joy (shock horror)

- LBA for payment, prepared for posted on 22 Sept 2006

- Halifax reply (offering £975) in full & final settlement (dated 04/10/06)

:)MCOL Submitted & Letter posted accepting £975 without prejudice as partial settlement on 9th October

MCOL Acknowledged (6QZ71604) on 12th Ocober, deemed served by MCOL on 15th

Letter from Halifax folding on 17th October - HUrrah

I WON

 

Total of £3444.19 including interest

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Well the PAR & Schedule (sans interest at 8%) is prepared and ready to post in the morning. So by my understanding next date on timetable is the 27th of september, hope someone will let me know if i am going off track.

 

Zenith

Zenith Vs Halifax

 

Data Protection Act Letter Sent 16th June 2006

Halifax S.A.R - - Reply received 23rd June 2006

- Sent LBA threatening Sect 7 Action 23 Aug

- Statements arrive 8th September2006

- PAR posted 11 Sept 2006

- Halifax Reply - - No joy (shock horror)

- LBA for payment, prepared for posted on 22 Sept 2006

- Halifax reply (offering £975) in full & final settlement (dated 04/10/06)

:)MCOL Submitted & Letter posted accepting £975 without prejudice as partial settlement on 9th October

MCOL Acknowledged (6QZ71604) on 12th Ocober, deemed served by MCOL on 15th

Letter from Halifax folding on 17th October - HUrrah

I WON

 

Total of £3444.19 including interest

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  • 2 weeks later...

Well almost at the 2 week deadline for the PAR, I'm away with work when the next letter should be posted. So have prepared my LBA ready for posting next wednesday (will get flatmate to check mail for any response from PAR, though i'm not holding my breath for anything of any substance).

 

Mildly nervous that I have not had any comments at all, am i doing everything right ? Taking the silence to mean that I am.

Zenith Vs Halifax

 

Data Protection Act Letter Sent 16th June 2006

Halifax S.A.R - - Reply received 23rd June 2006

- Sent LBA threatening Sect 7 Action 23 Aug

- Statements arrive 8th September2006

- PAR posted 11 Sept 2006

- Halifax Reply - - No joy (shock horror)

- LBA for payment, prepared for posted on 22 Sept 2006

- Halifax reply (offering £975) in full & final settlement (dated 04/10/06)

:)MCOL Submitted & Letter posted accepting £975 without prejudice as partial settlement on 9th October

MCOL Acknowledged (6QZ71604) on 12th Ocober, deemed served by MCOL on 15th

Letter from Halifax folding on 17th October - HUrrah

I WON

 

Total of £3444.19 including interest

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Well just got a response from halifax pooh poohing me, was fully expecting to recieve this but it does make interesting reading. Some quotes:

 

"To summarise, you are requesting the refund of any default charges applied to your account in view of the recent media coverage surrounding the subject."....Not patronising in the slightest eh.

 

"HBOS disagrees with the legal analysis of default fees outlined in the OFT's statement, published in april......At present the findings only apply to credit cards, so unfortunately, no refund of charges is due to you.".....Now if that isn't a clear indicator of the righteousness of our claims I don't know what is.

 

 

Anyway shall be sending them my LBA as a clear response. teh wording of the letter implies that a Mr Liam Pollitt now holds a file on my case so am just replying to him.

 

Chins up all

Zenith Vs Halifax

 

Data Protection Act Letter Sent 16th June 2006

Halifax S.A.R - - Reply received 23rd June 2006

- Sent LBA threatening Sect 7 Action 23 Aug

- Statements arrive 8th September2006

- PAR posted 11 Sept 2006

- Halifax Reply - - No joy (shock horror)

- LBA for payment, prepared for posted on 22 Sept 2006

- Halifax reply (offering £975) in full & final settlement (dated 04/10/06)

:)MCOL Submitted & Letter posted accepting £975 without prejudice as partial settlement on 9th October

MCOL Acknowledged (6QZ71604) on 12th Ocober, deemed served by MCOL on 15th

Letter from Halifax folding on 17th October - HUrrah

I WON

 

Total of £3444.19 including interest

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  • 3 weeks later...

Well i got their sttlement letter in on saturday offering £975, it really gave me the confidence that this was going to work as it was exactly what i was expecting.

 

My timetable was to submit MCOL on monday anyway (using a friends english address as I am based in Scotland). As you can see from my signature below I have now submitted MCOL and sent a settlement rejection letter saying i'll take the £975 without prejudice but i'll see you in court (I am paraphrasing).

 

so hoping to finish this off within the next 10 days or so. I now have several friends who are also at different stages of this process. Still guessing I am doing things right - but would love at least one person to say well done you are doing everything right. Good luck to you all.

Zenith Vs Halifax

 

Data Protection Act Letter Sent 16th June 2006

Halifax S.A.R - - Reply received 23rd June 2006

- Sent LBA threatening Sect 7 Action 23 Aug

- Statements arrive 8th September2006

- PAR posted 11 Sept 2006

- Halifax Reply - - No joy (shock horror)

- LBA for payment, prepared for posted on 22 Sept 2006

- Halifax reply (offering £975) in full & final settlement (dated 04/10/06)

:)MCOL Submitted & Letter posted accepting £975 without prejudice as partial settlement on 9th October

MCOL Acknowledged (6QZ71604) on 12th Ocober, deemed served by MCOL on 15th

Letter from Halifax folding on 17th October - HUrrah

I WON

 

Total of £3444.19 including interest

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"Well done you are doing things right" .....and thats a serious comment, you are doing fine, you have it all in hand, my experience of halifax tells me you havent much longer to wait until they pay up! Keep the faith! And keep us updated!

  • Confused 1
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Hurrah, was feeling a bit lonely. Thanks shaz

Zenith Vs Halifax

 

Data Protection Act Letter Sent 16th June 2006

Halifax S.A.R - - Reply received 23rd June 2006

- Sent LBA threatening Sect 7 Action 23 Aug

- Statements arrive 8th September2006

- PAR posted 11 Sept 2006

- Halifax Reply - - No joy (shock horror)

- LBA for payment, prepared for posted on 22 Sept 2006

- Halifax reply (offering £975) in full & final settlement (dated 04/10/06)

:)MCOL Submitted & Letter posted accepting £975 without prejudice as partial settlement on 9th October

MCOL Acknowledged (6QZ71604) on 12th Ocober, deemed served by MCOL on 15th

Letter from Halifax folding on 17th October - HUrrah

I WON

 

Total of £3444.19 including interest

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np!! i know how it feels if you dont get a response, there are so many threads being posted some people sadly get overlooked by accident, but as your thread growns so will the interest it!! Any problems just shout!!! If I dont reply, feel free to PM me!

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Quick question: When/if HBOS fold and pay out the principle (& I argue with them for the 8%) will they also pay the court fees (£120). If not can i go after them for that?

Zenith Vs Halifax

 

Data Protection Act Letter Sent 16th June 2006

Halifax S.A.R - - Reply received 23rd June 2006

- Sent LBA threatening Sect 7 Action 23 Aug

- Statements arrive 8th September2006

- PAR posted 11 Sept 2006

- Halifax Reply - - No joy (shock horror)

- LBA for payment, prepared for posted on 22 Sept 2006

- Halifax reply (offering £975) in full & final settlement (dated 04/10/06)

:)MCOL Submitted & Letter posted accepting £975 without prejudice as partial settlement on 9th October

MCOL Acknowledged (6QZ71604) on 12th Ocober, deemed served by MCOL on 15th

Letter from Halifax folding on 17th October - HUrrah

I WON

 

Total of £3444.19 including interest

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£3444.19, THanks for my money back halifax.

 

MOD can you please move thread to won section.

 

Thanks for all the help and will do survey and donate when i get the cash.

Zenith Vs Halifax

 

Data Protection Act Letter Sent 16th June 2006

Halifax S.A.R - - Reply received 23rd June 2006

- Sent LBA threatening Sect 7 Action 23 Aug

- Statements arrive 8th September2006

- PAR posted 11 Sept 2006

- Halifax Reply - - No joy (shock horror)

- LBA for payment, prepared for posted on 22 Sept 2006

- Halifax reply (offering £975) in full & final settlement (dated 04/10/06)

:)MCOL Submitted & Letter posted accepting £975 without prejudice as partial settlement on 9th October

MCOL Acknowledged (6QZ71604) on 12th Ocober, deemed served by MCOL on 15th

Letter from Halifax folding on 17th October - HUrrah

I WON

 

Total of £3444.19 including interest

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So need to go celebrate, lol.

Zenith Vs Halifax

 

Data Protection Act Letter Sent 16th June 2006

Halifax S.A.R - - Reply received 23rd June 2006

- Sent LBA threatening Sect 7 Action 23 Aug

- Statements arrive 8th September2006

- PAR posted 11 Sept 2006

- Halifax Reply - - No joy (shock horror)

- LBA for payment, prepared for posted on 22 Sept 2006

- Halifax reply (offering £975) in full & final settlement (dated 04/10/06)

:)MCOL Submitted & Letter posted accepting £975 without prejudice as partial settlement on 9th October

MCOL Acknowledged (6QZ71604) on 12th Ocober, deemed served by MCOL on 15th

Letter from Halifax folding on 17th October - HUrrah

I WON

 

Total of £3444.19 including interest

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Hi Zenith69uk

CONGRATULATIONS on your success.Now can i ask a question how did you do your claim as i see you are from Glasgow and we are also in Scotland and getting ready to apply to court as our 14 days from LBA are up today our claim is in the region of 4k dont know whether to do lots of small claims or 3 summery causes.any help greatly appreciated.We havent even had an offer from halifax so getting quite anxious.

Thanks in advance

Willmurr6

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Right 2 things.

1. I didn't get a response from them till the 11th hour. I think it was 2 days shy of the 14 days when i got my reply (which just made me say hurra, I can MCOL them early).

2. AS i was claiming for far more than the scottish small claims limit (4 and a bit times it), I went after them in the english court system. Now as there registered office is down there that is ok as long as you have a friend whose address you can use. MCOL (or claiming against them in court) is quite simple, the templates on here are great - but you are making a few assumptions:

 

a.That

Zenith Vs Halifax

 

Data Protection Act Letter Sent 16th June 2006

Halifax S.A.R - - Reply received 23rd June 2006

- Sent LBA threatening Sect 7 Action 23 Aug

- Statements arrive 8th September2006

- PAR posted 11 Sept 2006

- Halifax Reply - - No joy (shock horror)

- LBA for payment, prepared for posted on 22 Sept 2006

- Halifax reply (offering £975) in full & final settlement (dated 04/10/06)

:)MCOL Submitted & Letter posted accepting £975 without prejudice as partial settlement on 9th October

MCOL Acknowledged (6QZ71604) on 12th Ocober, deemed served by MCOL on 15th

Letter from Halifax folding on 17th October - HUrrah

I WON

 

Total of £3444.19 including interest

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sorry continued....

 

a.that you have an english address that you can use.

b. that you are happy to travel to england if it comes to court (hasn't happened yet that i am aware of)

 

apart from that they get you to sign your contract or terms and conditions under english law so no reason that you should'nt go after them in england.

 

the one concern that i have is that i used the the offer after lba as my judgement that this system worked, but i can guarantee that there are hundreds of folk who haven't had one.

 

I genuinely belief that the halifax are now being flooded with these cases, and are probably taking on temps like mad. I have only done one of these and the mods or site helpers can help you more than i can.

 

My advice is to follow the FAQs and the Rules of Engagement, and ask for advice if you are unsure - this site allowed me to get my cash back with no advice apart from reading the forum - HURRAH.

If you want me to advise or send you copies of what i sent to them ask me here or in a pm.

Zenith Vs Halifax

 

Data Protection Act Letter Sent 16th June 2006

Halifax S.A.R - - Reply received 23rd June 2006

- Sent LBA threatening Sect 7 Action 23 Aug

- Statements arrive 8th September2006

- PAR posted 11 Sept 2006

- Halifax Reply - - No joy (shock horror)

- LBA for payment, prepared for posted on 22 Sept 2006

- Halifax reply (offering £975) in full & final settlement (dated 04/10/06)

:)MCOL Submitted & Letter posted accepting £975 without prejudice as partial settlement on 9th October

MCOL Acknowledged (6QZ71604) on 12th Ocober, deemed served by MCOL on 15th

Letter from Halifax folding on 17th October - HUrrah

I WON

 

Total of £3444.19 including interest

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Bearing in mind that I have been out celebrating my win against the Falihax how cool and informative do i sound in those last two posts. Again thanks to everyon who has helped me with their posts/FAQs/How to pages.... means a lot to me

Zenith Vs Halifax

 

Data Protection Act Letter Sent 16th June 2006

Halifax S.A.R - - Reply received 23rd June 2006

- Sent LBA threatening Sect 7 Action 23 Aug

- Statements arrive 8th September2006

- PAR posted 11 Sept 2006

- Halifax Reply - - No joy (shock horror)

- LBA for payment, prepared for posted on 22 Sept 2006

- Halifax reply (offering £975) in full & final settlement (dated 04/10/06)

:)MCOL Submitted & Letter posted accepting £975 without prejudice as partial settlement on 9th October

MCOL Acknowledged (6QZ71604) on 12th Ocober, deemed served by MCOL on 15th

Letter from Halifax folding on 17th October - HUrrah

I WON

 

Total of £3444.19 including interest

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Sorry just read the question again and would make the point that why do scottish small claim s and summary causes when you can do an english small claims for the whole amount - looked at it and the solution I came up with was to do an english small claims. 2 things to remember that even with all their might the banks are just shoring up their defences on this and that not everyone here has the experience to say yay or nay to anything - I went english small claims and got it paid out in 1 action, if ihad gone scottish summary cause I would be only halfway through at this point. Good luck and will watch your case with interest.

Zenith Vs Halifax

 

Data Protection Act Letter Sent 16th June 2006

Halifax S.A.R - - Reply received 23rd June 2006

- Sent LBA threatening Sect 7 Action 23 Aug

- Statements arrive 8th September2006

- PAR posted 11 Sept 2006

- Halifax Reply - - No joy (shock horror)

- LBA for payment, prepared for posted on 22 Sept 2006

- Halifax reply (offering £975) in full & final settlement (dated 04/10/06)

:)MCOL Submitted & Letter posted accepting £975 without prejudice as partial settlement on 9th October

MCOL Acknowledged (6QZ71604) on 12th Ocober, deemed served by MCOL on 15th

Letter from Halifax folding on 17th October - HUrrah

I WON

 

Total of £3444.19 including interest

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Thanks Zenith69uk for your reply i am very interested in your comments we had been thinking of the english claim as we have a friend who lives in Carlisle which is only about an hour from us so going to court wouldnt be a problem.So does that mean we can do MCOL as were told prevously you couldnt use this in Scotland.Could you please PM me the information you mentioned in your post.Hope you enjoyed your celebrations was going to say at the halifax's expense but it isn't as it your own money anyway,sorry if i seem to be rabbiting on.Again a big thanks for your help.;)

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seen that thanks shaz

Zenith Vs Halifax

 

Data Protection Act Letter Sent 16th June 2006

Halifax S.A.R - - Reply received 23rd June 2006

- Sent LBA threatening Sect 7 Action 23 Aug

- Statements arrive 8th September2006

- PAR posted 11 Sept 2006

- Halifax Reply - - No joy (shock horror)

- LBA for payment, prepared for posted on 22 Sept 2006

- Halifax reply (offering £975) in full & final settlement (dated 04/10/06)

:)MCOL Submitted & Letter posted accepting £975 without prejudice as partial settlement on 9th October

MCOL Acknowledged (6QZ71604) on 12th Ocober, deemed served by MCOL on 15th

Letter from Halifax folding on 17th October - HUrrah

I WON

 

Total of £3444.19 including interest

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Well money is in account, and they are only £17 short - which in my eyes is good enough (certainly for the amount of hassle it seems to be to get them to pay out this measly amount) as i paid more than this for a round of drinks to celebrate not going to get that excited by it. A word of caution for others - the MCOL i copied didn't specifically mention the refund of the SAR fee and they are taking an aggresive tone that if its not in the little totals box on the MCOL they ain't paying it. I know that we could say that it is my money etc. but in my book £3444.19 is a great return for £17 and 5 first class stamps. Good luck to you all and hope you are as hopeful with the sagas ie Zenith69uk vs ...... lol i'll keep you on tenderhooks.

Zenith Vs Halifax

 

Data Protection Act Letter Sent 16th June 2006

Halifax S.A.R - - Reply received 23rd June 2006

- Sent LBA threatening Sect 7 Action 23 Aug

- Statements arrive 8th September2006

- PAR posted 11 Sept 2006

- Halifax Reply - - No joy (shock horror)

- LBA for payment, prepared for posted on 22 Sept 2006

- Halifax reply (offering £975) in full & final settlement (dated 04/10/06)

:)MCOL Submitted & Letter posted accepting £975 without prejudice as partial settlement on 9th October

MCOL Acknowledged (6QZ71604) on 12th Ocober, deemed served by MCOL on 15th

Letter from Halifax folding on 17th October - HUrrah

I WON

 

Total of £3444.19 including interest

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