Jump to content


Us Vs Halifax ***SETTLED IN FULL***


SophMc
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6378 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

just thought we'd post our claim now that it's going to court:

 

Us vs Halifascists: £3000

 

SAR sent, reply within 40 days with offer of £250 and reminder that we are naughty people who are unable to manage money properly, this is not their fault!

offer very politely declined and Prelim letter sent.

Offer raised to £600, and another reminder of just how irresponsible we are!

Again offer declined and letter before action sent.

Reply from the Halifax telling us to go jump as they are no way, not ever going to refund all the money. And they reserve the right to close the accounts (they are dormant anyway).

 

Claim made in court (N1 form filled in and delivered by hand) for the amount of £2444 PLUS 8% interest £437.97

PLUS £120 court costs

 

total claim £3001.97, Claim number 6ML01539

 

We'll keep you posted...

 

oh and thanks for all the invaluable advice on this site, and your amazing excel sheet for calculating the interest! (we'll be donating 5% guys cheers!)

Link to post
Share on other sites

  • 2 weeks later...

Just to keep you updated, we've now received a 'Notice that Acknowledgement of Service Has Been Filed' by Halifax's solicitors. It states that Halifax has 28 days from service to file a defense...

Do we need to do anything else in the meantime or just sit tight?

I've got to say that having looked at this site I'd be surprised if they managed to defend every single case... there must be hundreds every week!

But if they do want to go to court we're ready! Although all advice at this point would be gratefully received!

 

cheers!

Link to post
Share on other sites

Good luck! I had a reply to my LBA action telling me to go away too (although they didn't increase the amount offered) so I'm starting action this weekend. Keep us posted - I'm getting scared and need the encouragment!

 

SCKCB against:

HSBC - approx £600

First letter sent - no reply. Deadline Friday.

 

Halifax x 1 - £178

First letter sent - reply within 7 days. "Good Will Gesture" of £78

Offer Refused

LBA Sent - reply within 5 days. Halifax says - "Go away"

Court action to start this weekend

 

Halifax 2 - approx £2000

First letter sent - reply within 7 days. "Good Will Gesture" of £700

Offer Refused

LBA Sent - witing for reply. Expect one in next few days.

 

Capital One C/C

Will be claiming as soon as I can sort myself out to ask for the statements. Suspect about £100

Link to post
Share on other sites

Guest bluecloud

If the Halifax has notified the Court it intends to defend the claim you may well receive an Allocation Questionnaire from the Court. Don't worry too much, it's the Court's way of deciding who the claim will be "tracked".

 

More information is here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

As your claim is for more than £1500 there is an additional fee of £100 but in the event that you win, you will get this back.

 

It may be worth looking at the following link too:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

It's not meant to worry you, it's just worth remembering that you are in a legal battle and the better prepared tend to come out on top. :)

 

 

.

Link to post
Share on other sites

Thanks for the advice... it's really useful to get prepared in advance... it makes such a change for us to be calling the shots with them jumping after us for a change... no chance we're gonna mess this opportunity up!

will keep you posted...

 

Oh we're also in the process of claiming £1k from smile (they've not replied within the 14 days to the letter before action..)

and...

We'll be sending the SAR to RBS ASAP... oh how funny am I?... pass me the wine quick...

Link to post
Share on other sites

New Update... Halifax have just 10 more days to get their defense into court... lets hope they're too busy eh?

 

I've just posted a thread in the Co op bit but thought i'd let you know that smile replied days late to my letter before action (i was going to deliver the N1 to court on Monday).

 

But today got a letter saying they'd put £998 back into our account.

SETTLED IN FULL!!

Hurrah! lets hope Halifascists do the same....;)

Link to post
Share on other sites

  • 2 weeks later...

we did have a thread running in this forum but its vanished???

i wasn't even being offensive or anything... honest!!

 

anyway... just to remind you...

 

SAR sent.... reply letter offering £250 in anticipation of any futher requests for money...

 

no thanks... they owe us over £2500

 

prelim letter sent, offer raised to £600

declined again

 

Letter before action sent...

 

reply from halifax to say that they will not now, not ever give us more than the £600 offered.

 

N1 filed by hand in local county court for amount plus 8% interest plus £120 it cost us to take them to court.. total £3018

 

letter received from the court to say that halifax intend to defend... gutted..

however...

 

they had only until 20th nov to lodge their defense... we've not heard a word... called the courts today who say they have nothing from halifax.. they are behind in their paperwork so slight possibility they have something... but very doubtful!!

we've filled in a request for judgement and await the outcome...

 

I THINK THIS MEANS WE'VE WON THOUGHT DON'T YOU??

 

cheers guys... oh and we'll be donating once we get our grubby little mits on the cash!!

 

ps... Smile settled after the letter before action for £998 and we've just sent SAR to royal bank of scotland...

happy christmas!:p

Link to post
Share on other sites

hey hey my old thread came back... or did it never go away??

i'm not too hot with all this newfangled techno-wotsits... (god how old do i sound and i'm only 30!)

 

anyhoo... update...

 

we applied for a judgement on monday as their time had run out..

on thurs this week we received, thru the post, a judgement in our favour for the full amount plus 8% interest plus £120 costs

 

TOTAL £3018 hurrah!

 

then on Friday this week got a very very nice phone call from the halifax themselves (they have never ever been soooo nice to us) to say how terribly sorry they are that they haven't yet given us back the money owed.. they made a mistake and that the payment will be actioned on monday!! a total turnaround from their previous letter telling us that they were no way, not now, not ever gonna refund more than the £600 they offered us!

ha.

 

once we get the money a donation will be winging its way to you guys, we would never have got this back without the help on this site... i've told everyone i know about it... cheers!

 

(did i mention we got £998 back from smile last week after the letter before action.. and an sar will be landing on the doorstep of the RBS tomorrow...)

Link to post
Share on other sites

final update on this thread, halifax paid up today... but were £20 short..

unbelievable!!... they pay the money days late and then are short by £20.. christ if we still owed them £20 the bailiffs would be knocking the door down!

anyway cheers for all the help... am to start a thread in the RBS bit as they've had their SAR this week!

Link to post
Share on other sites

Well Done Soph

 

Looks like it's Payout Thursday today!

HALIFAX

30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95

HALIFAX 2nd claim

5th Mar - 16th Apr - Success in claiming £176

EGG (3 accounts)

20th Jan 07 - SAR posted

17th Mar 07 - Paperwork received - bits missing

19th Mar - Non-compliance for missing bits posted

9th Apr - ICO complaint filed

BARCLAYCARD

20th Jan 07 - SAR posted

21st Mar - Statements received

23rd Mar - Prelim posted

31st Mar - Offer for £30 rec'd

10th Apr - LBA sent

Link to post
Share on other sites

i'd saved it in word so have cut and pasted our blurb below (where i've put XXX or ?? you need to fill in your own details):

 

The claimant’s action is on the grounds that they have a contract with the defendant, XXXXXX bank, which is conducted on their standard terms and conditions. The claimant is claiming the return of money taken by the defendant in the way of charges over the last ?? years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

The claimant has repeatedly asked the defendant to justify their charges but they have declined to do so.

 

That did the trick for us matey... also make sure you use the excel spreadsheet on this site to work out your costs plus 8%, it got us an extra £200+... well worth it... also the court and the bank know you mean business...

GOOD LUCK!

as long as you don't try to cut corners and fill everything out properly you'll get your money back... maybe even before christmas if you do it tomorrow!:)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...