iain v halifax

[aardvark the lecturer]

there is a number on the letter 0113 2356647, i am seriously thinking of ringing it and asking them wether they require the remainder of the 14 days as per my lba. seems to me as though that is their response?

 

Hi Fordy, I don't think their last letter is worded strongly enough to indicate a 'final response' from what you've typed in, I would send them another letter thanking them for their correspondence of 19/10/2006 etc. Inform them that you are indeed in reciept of both letters however they does not meet the targets for resolution you set out in your prelim correspondance of --/--/06.

 

then restate the part of your LBA that set out the timescale to court action and highlight the date at which that action will be taken.

 

The parting blow would then be to say

 

"If however, as indicated in your previous correspondence, you are not prepared to meet the targets I have set and this is your final response to the matter, then I request that you state this in your reply.

I will at this time consider that we have reached an impasse in our negotiations and I shall begin a claim against you for the full amount plus interest plus my costs and without further notice."

 

The response to this will likely give you grounds to proceed directly to court action (do not pass go) without delay. It is important that you are not seen as trying to bypass or shorten the negotiations unduly, but are simply responding to their correspondance and the information they have supplied.

 

Aardvark.

[fordy]

thanks again mate, gonna mull it over today then do something!!

[fordy]

hey Aardvark what do you reckon mate? words are not my strong point..nor is IT so thanks for your help again mate.

 

it will go off as soon as its been vetted!! do i now give them 14 days again, unless they tell me they are done negotiating? in wich case its MICOL time!!

 

here goes...

 

 

I am writing to thank you for your correspondence dated 27/10/2006. I am writing also to confirm that I also received your correspondence dated 19/10/2006. However neither correspondence comes anywhere near to meeting the targets for resolution that I first set in my prelim correspondence on the 12/10/2006.

 

I calculate that you have taken £2,468.00. I have already sent you a copy of this in my original letter of the 12/10/2006 and also again in my original LBA on the 24/10/2006.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

If however, as indicated in your previous correspondence, you are not prepared to meet the targets I have set, and this is your final response to the matter, then I request you state this in your reply. I will at this time consider that we have reached an impasse in our negotiations and I shall begin a claim against you for the full amount, plus interest, plus costs and without further notice.

 

.

 

Yours faithfully,

 

 

IR Fordham

 

[aardvark the lecturer]

Suggested text

 

 

Thank you for your correspondence dated 27th October 2006.

I am indeed in reciept of both this letter, and your correspondence of the 19th October, however would like to point out that they do not meet the targets for resolution which I originally sent to you on the 12th of October and so in the interests of clarity I have restated these for you below.

I calculate that you have taken £2,468.00, and have provided to you in my letters of the 12/10/2006 and also again on the 24/10/2006, a schedule of the charges in question.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I require repayment in full of this money. If you do not comply fully within the timscales I have set out previously, then I shall begin a claim against you for the full amount plus interest plus my costs on the 7th of November and without further notice.

 

If however, as indicated in your previous correspondence, you are not prepared to meet the targets I have set, and this is your final response to the matter, then I request you state this in your reply. I will at this time consider that we have reached an impasse in our negotiations and I shall begin a claim against you for the full amount, plus interest, plus costs and without further notice.

 

Yours faithfully,

 

 

IR Fordham

 

 

Just a couple of minor suggestions fordy, sorry I didn't spot this yesterday. Don't worry if already sent, your letter would be fine (I'm a bit of a picky b*gg*r).

 

By the way, are the dates correct for your prelim and LBA? there seems to be only 12 days between them, not 14?

 

Good Luck!

[fordy]

Aardvark once again thanks..unfortunately I already posted it before i read your post:rolleyes: ...typical

 

anyway sure it will be fine, my original LBA was sent on the 24th Oct, so that would take me to the 7th. Because there was obviously some confusion on their part I am taking the 14 days from the 30th Oct, as that was when the "revised LBA" was sent, which will now take me to the 14th. So for simplicity I was planning on giving them till the 14th Nov, just so I know I have given them the reqiured amount of time, and they cant wriggle out of it by saying I have not given them the appropriate amount of time to respond.

 

Im pretty sure I will recieve something back soon, as so far they have been pretty swift in their responses. If they write back before the 14th stating that they are not prepared to refund me in full, then I will start my claim before the 14th.

 

Does that sound about right mate?

 

thanks again, Iain

[aardvark the lecturer]

Sounds good to me

 

No Prob.

[fordy]

ok guys, need a bit more advice. my deadline set in my LBA expired on the 14th Nov. But due to being a little skint i have had to delay court action until this week.

 

however, out the blue on Saturday morning (25th)came a "full and final" settlement offer of 900 pounds. Now, in the ideal world I would have already started my claim. they are also obviously 2 weeks too late with thier response, so after mulling things over for a couple of days i reckon i have 3 options.

 

1. ignore them, and carry on with my court claim asap

 

2. send back a letter accepting as part payment on full amount, carry on with court claim asap.

 

3. send back a letter accepting as part payment on full amount, give them another 14 days, then start court claim.

 

to be honest, I am thinking that the first option is the one, but would still like a little help. I suppose whatever I do will be ok, but lets face it, Im probably not going to get anything more without taking them to court. so I may as well just get on with it. besides I gave them plenty of time.

 

Also, I managed to pick up another charge, for going 3 pounds overdrawn, can i just add it on to my schedule? they will get another copy soon anyway wont they?

 

once again thanks in advance for any advice.

 

cheers, Iain

[aardvark the lecturer]

Hi Iain,

 

been offline for a couple of days, sorry I didn't see your post sooner.

 

What did you decide to do?

 

If you haven't decided yet then my suggestion would be,

 

First) start your MCOL/N1 with the recent charges included;

 

Then) send the rejection letter (same day), telling them that court proceedings have now been instigated against them. Inform them in the letter that the further charges have been included and supply a new copy of the schedule.

 

Good Luck

[fordy]

Hi Aardvark, thanks again

 

struggling to get near a PC myself just lately. I have done nothing as yet, but am going to follow your advice. im thinking of using the N1 form at the courts rather than MICOL, purely because I am working near local court at the moment and would probably be a little easier for me to do it this way. Im going to pick up the forms shortly, and get the letter prepared hopefully today.

 

I might need a little direction soon if you are available over the next couple of days mate.

 

Iain

[fordy]

Just picked up forms from court, and plan to fill them out tonight, and take down the court again tomorrow. I have prepared a letter to send back to the Halifax, how does this sound mate?

 

 

The Halifax PLC

Trinity Road

Halifax

West Yorkshire

HX1 2RG

Re: Account number

 

Response to settlement offer.

 

Dear

 

Thank you for your letter dated 24/11/2006

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £2,970.43

 

I will accept the sum offered only as part settlement and on the clear understanding that I have already pursued recovery of the remainder, with a County Court claim.

 

My letter before action sent previously indicates that you had until 14/11/2006 to respond before Court action commences. As you will be aware this deadline passed long before I received your Settlement offer. You are reminded that there will be no extension to this timescale. I have enclosed an updated schedule of charges for which I am claiming.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

[signature]

 

 

Any thoughts/corrections/advice all gratefully recieved.

 

Iain

[fordy]

all done and dusted!! sit back and wait for 14 days now, should be officially served tuesday. let you all know how it goes...

[aardvark the lecturer]

Just returned from a trip to China [if thats not the best excuse for being away from a PC I don't know what is!!!!].

 

I guess it must be N1 time now then?

 

I think theres a link to the N1 download in the templates somewhere, so you can simply cut and paste (and ammend of course). T^hat's probably the simplest route if you have the access.....

[fordy]

hey mate, hope you had a good trip

 

its all done, been served a week now, they have till the 28th dec to respond. shame about the time frames, xmas period and all that, as i had to spend £120 pounds i never had:rolleyes:

 

still, you never know, i may get an early xmas pressie, will certainly turn a dull one around anyway.