scared stiff!!! ** WON **

[Angi]

Hiya Hayley

Ohhhh good for you, Now stay calm, dont worry to much, you will do great.

By the way....mines Vodka & Coke lol(when you win )

Keep me posted ok

[Hayleytin]

Ok, so, filed on tuesday 7th, and on wed 8th I got a letter from Halifax replying to my letter accepting their goodwill gesture as part payment, basically telling me, you had your chance, now you cant have anything. Ha, we will see wont we Howard!!!!

[Hayleytin]

Right, thurs 9th I got my letter from the court with my claim number and also telling me my claim is deemed to be served on the 9th. Got a letter from Halifax today ( sat 11th ) saying my statements have been ordered and will be sent under separate cover!!:o :-? :-? Bless em, think they must be overworked at the minute.

[sallysas]

Going back a few threads your sister's claim came to under £5000 before 8% charges added. The 8% is not counted by the court, it is just added on afterwards so her claim is fine. I know what I mean but have I made myself understood?

[Hayleytin]

Right, A week on from putting my claim in. no news:( but have been reading the other threads and most people are getting their letters from Halifax after about 10 days.

[nwuk]

Submitted my MCOL yesterday, so watching yours closely

 

Steve

[Guest bluecloud]

You still going? Blimey girl, they really are making the customers wait?

 

Have you heard from the Courts re dates, if not it may be worth giving the Court a nudge.

 

 

.

[Hayleytin]

Got my claim number from the court last week. It said the claim was deemed served on the 9th and Halifax have untill the 23rd to reply. am going to ring them to see if they can tell me if Halifax have said they are going to defend.

[hagenuk]

Hayley, the Court will send you a notification that an Acknowledgement of Service has been filed and that Halifax intend to defend the claim.

 

This is quite normal. Then you will probably receive a defence from the Halifax and the Court will also send you a copy. Again, this is quite normal.

 

When that happens, let us know and we can advise you further.

 

The good news is, you're getting close...

[Hayleytin]

Thanks, Hag. Just getting soooooo impatient! Keep reading other peoples winning threads and working out how long it took for then to pay up after putting the claim in!!!!!

[willmurr6]

Hi Hayleytin

I am like you getting very anxious my claim was deemed served on 26th oct have heard nothing wish they would get a move on.

[zsazsa]

Hi Hayleytin! I'm a couple of days behind you with the filing, but I did mine online. The length of deemed service on mine seems to have been a bit slower & Halifax have until 28/11 to reply - so I'll be keeping track of how you go too - GOOD LUCK!

 

The offers of settlement Halifax send out seem so random it's untrue - my claim is for a little over £1600 (plus the 8% interest now going up daily) & they offered me £973.00 just before lba stage - which I refused except in part-settlement & then they told me to sod off we won't give you any now! All just scare tactics, so stick in there.

 

I was initially frightened to death at the very real possibility of going to court when I started getting copies from Court - but OK now. Hey! If they want me to be a test case I'm sure I'd lack nothing in support & this forum alone would take great pleasure in rallying around. Reading everyone's threads are very comforting, so if you need an moral at all drop me a line, pm whatever!

 

POWER TO THE LITTLE PEOPLE! What happened to the adage of the customer always being right?!

Zsazsa x

[Hayleytin]

I rang the court up, I know I shouldnt have but my impatience is getting the best of me, they said they hadnt heard from Halifax yet. The have until next wed.

[Springer]

Hi Hayletin

 

I'm a few days ahead of you and am posting updates on my thread (New Halifax Action). I will keep watching your now, and I know Willmurr is almost on the same time frame too.

 

I hope they don't keep us waiting too much longer. I've got some Xmas shopping to do!!

 

xox

[Hayleytin]

Very odd!!!! I got all my statements through in the post again today!!!!!

[Hayleytin]

Right, have spoken to halifax and they have not recieved anything to do with my claim. Spoke to really helpfull woman who said she would ring the court and get them to fax a copy of the claim to her so she can acknoledge it, then said she would be in touch.

[zsazsa]

Right, have spoken to halifax and they have not recieved anything to do with my claim. Spoke to really helpfull woman who said she would ring the court and get them to fax a copy of the claim to her so she can acknoledge it, then said she would be in touch.

 

Hayley!

 

If Halifax don't respond within 14 days after the court says they're deemed to have been served, you can ask for judgement by default in your favour. To my mind I'm thinking this might be better anyway (it's the coward in me!), if Halifax acknowledge they then get 14 days extra to come up with a defence & you end up waiting longer still.... plus you're likely to have to pay another £100 when you fill in an AQ form from the court regarding your claim......

 

I'd let sleeping dogs lie & go for the silent judgement by default if it were me...

Zsazsa x

[Hayleytin]

Just got an e-mail frrom halifax, They have now got my claim and will be in touch ( hopefully with a bit fat juicy deposit!!)

[hagenuk]

Hayley!

 

If Halifax don't respond within 14 days after the court says they're deemed to have been served, you can ask for judgement by default in your favour. To my mind I'm thinking this might be better anyway (it's the coward in me!), if Halifax acknowledge they then get 14 days extra to come up with a defence & you end up waiting longer still.... plus you're likely to have to pay another £100 when you fill in an AQ form from the court regarding your claim......

 

I'd let sleeping dogs lie & go for the silent judgement by default if it were me...

Zsazsa x

 

It might give you a feeling of immense satisfaction to go for a default judgement, but it will be shortlived.

 

Halifax will almost certainly file for a set aside and you will have just bought yourself delay of several weeks.

 

A Judgement in Default is not a win. In the case of Masters -v- Leaver[1999]EWCA Civ 2016 it was held that a judgment in default means just that - it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favours one or other case.

 

My advice would be to give more time simply because, by writing a letter, such as the one below, you wait just seven more days - if you obtain a Default Judgement you have not yet won and may well have just bought yourself a two, three, four or more week delay while the banks apply for a set aside, which they are almost certain to do.

 

The truth is, an application to set aside Default Judgment is almost always granted as Judges prefer cases to be settled on merit, not by default.

 

 

Dear

 

Claim Number 6XX00000

 

You have not filed a defence for claim number 6XX00000 at (Town) County Court, and the time to file a defence has now passed.

 

I am writing to give you one final opportunity to make full payment of £000.00

 

If I have not received payment in full by 4pm (date - 7 days from date of this letter) I will enter Judgement in default.

 

Yours sincerely

 

 

Furthermore, if as the Claimant you become aware at any stage that the claim may not have reached the Defendent you should apply to set aside any judgment which has been made.

[Hayleytin]

Halifax told me on Tues that they have now acknowledged my claim but the court havent logged it yet as they are 9 days behind with their paperwork!!!!! Am so stressed out with this, I am sure they wont pay me! I have come out in spots coz I'm stressed and I cant eat!!!! Just want this over.

[willmurr6]

Hi Hayelytin,still following your post with interest as we are still at about same stage,i still haven't had an acknowledgement from halifax they have until 30th to defend,going by other posts i thought i would have been settled by now,so you are saying you feel you could be the first to lose well i feel the excact same way.also regarding your spots i also have them as well,i am bothered with psoarisis haven't had it for about 14yrs had to pay doc a visit on monday as it has all flared up due to stress and worrying about this i think,anyway i will keep following your posts and hope we have some good news soon.take care.

[Hayleytin]

Oh no!!! I'm glad in a way that I'm not the only one that this charge claiming business is getting to but so sorry you are suffering too! Fingers crossed we both get good news before the end of next week! Xmas shopping to do!!!!!!!

[Hayleytin]

I won!!!!!!!!!!!!!!!!

Money was in at 9.30 this morning. Just under 4900.

Thank you everyone , especially bluecloud and angi. Will post again later, need to start xmas shopping!!!!!!! Yay me!!!!!!!!!

[Angi]

Well Done You:)

 

Congratulations

 

Over The Moon For You:smile:

 

 

need I say I told you that it would not belong lol

 

enjoy your spending huni, you deserve it

 

Take Care

Angi xxx

[hagenuk]

I won!!!!!!!!!!!!!!!!

Money was in at 9.30 this morning. Just under 4900.

Thank you everyone , especially bluecloud and angi. Will post again later, need to start xmas shopping!!!!!!! Yay me!!!!!!!!!

 

CONGRATULATIONS HAYLEY!

And I won't say it - but you know I should...