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    • Hi all,        I really need to start my own thread on this Claim with Overdales/Lowell for a Cap One debt. but have already got to this stage .. My initial question for the moment - until replies come in - is that I figure my main stance is that a purchased debt cannot be claimed, debts can only be claimed by the original issuer of the debt .. but mediation is about coming to an agreement. So would I be acting in bad faith if I enter into mediation yet not seeking to come to a financial agreement? Also, I need to reject the scheduled time slot and ask for another as I'm not going to be free during those hours. The wording of the email gives the impression that I am given this one slot and if I reject it, then I am rejecting mediation - there is no mention of rescheduling, only of freeing up the slot for others .. although, I would have thought it would say so, if there were no possibility to reschedule.. Can I ask for another date without issue?   Anyway, if it's more helpful, I am happy to post up my defence and start a proper thread? I had a lot on at the time and had to do things right away due to the time limits, so didn't feel I had time to come here and go back and forth for info, so put my defence together from reading through relevant threads, late at night. CCA request appears to have been fulfilled (I'm still to check the accuracy of the documents). The other thing, asking solicitors about the particulars of the claim, hasn't .. although I forgot to ask for proof of postage and didn't send recorded post either (whereas the CCA I did), so not sure if I can pursue that easily ..?  
    • Looking for a bit of assistance. I moved into a rented flat on 20th April 2024. I viewed it on the 14th April. Before I moved into the flat, the letting agency provided me with an offer sheet, in said offer sheet I made a number of requests and conditions related to me progressing with assuming the tenancy. These were: 1. A professional clean of the flat prior to move in date. 2. The hob, shower glass and bathroom cabinet be replaced prior to move in date. These were all planned actions by the landlord when I viewed it. I could see the boxes for the hob and other items in the flat. I prepared to move in on the 20th April but none of the work mentioned in the offer sheet had been completed. The standard of the clean was abysmal - mouldy food left in the fridge, nothing wiped down, bathroom mouldy etc. The hob, shower glass and bathroom cabinet were also not installed. I decided to not officially move into the flat as it was not in a condition as promised, my partner lives relatively close by so I lived with her initially. It was only on the 24th April that the hob, shower glass and bathroom cabinet were installed. The cleaners visited again 2 weeks after move in date (3rd April) and attempted another clean of the flat. Again, it was a poor job. I resorted to cleaning the flat myself. I have numerous pictures of the things I identified during my clean and have sent this all to the letting agency. Because of the issues faced, I asked the letting agency that the rent be reduced for the initial month. Exactly halved - to represent the 2 weeks that I was not living at the property. The landlord and letting agency have responded by saying that they will be willing to accept 1 weeks rent as a deduction but not 2. My question is, am I in a strong position to insist on the 2 weeks rent returned or have I been fortunate that they have even offered a weeks rent as a deduction? I would like to insist on the 2 weeks. I have paid the 2 weeks only as my rent collection date passed 2 days ago. Thank you for any assistance. Any further relevant details required let me know and I will provide.
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Lee v Halifax ***SETTLED IN FULL***


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Hi, Been a member for just over a week, so thought Id make my first post.

 

I am now taking on the entity known as Halifax PLC to get my money back, I reckon they owe me a couple of thousand back in bank charges.

 

Ive requested my bank Statements directly from them, didnt bother with the SAR (is that Ok?), still waiting for them to come through.

 

Got the excel spreadsheet ready and waiting to calculate how much they owe me and will take great delight in sending off my Pre-lim.

 

Ordered them last wednesday so any day now :)

 

will keep all informed.

 

 

Lee

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  • 2 weeks later...

Hi, sorry this is my 2nd thread as cant find my first one lol, (will bookmark this one).

 

Rang up halifax on the 18/10/06 to request statements

 

Rang up again on the 24/10/06 to see if they have been sent. Got told yes.

 

Today (01/11/06) got a letter from them asking me to pay the £5 payment to cover the costs.

 

Rang up and moaned stating that Id already told them to take the £5 out of my account and what is going on as Ive been told that have already been sent.

man on phone stated that all calls to belfast are recorded and that he would contact the manager of the person who told me and if its true they will send them straight away, He even said he would call me back to let me know, so Ill give him till tomorrow and see if he does.

 

WANT MY STATEMENTS SO BADLY NOW LOL!!!!! Want to get an idea of how much Im gonna get :)

 

Anyway will keep u informed.

 

 

Lee

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Update:- Rang Halifax again today as no phone call recieved. I have been told

that I dont even have to order my bank statements and that all I need is an information letter detailing them all and there is no charge for this :)

 

She has said that she has ordered it now and it should be with me in 7 - 10 days :)

 

Lee

 

18/10/06- Requested Bank statements by phone

24/10/06- Was advised bank statements sent

01/11/06- Letter recieved asking for £5 charge. Called Halifax promised call back.

02/11/06- No call back received. Requested information letter detailing charges.

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3/11/06, Got a call back today from the man I spoke to on the 1/11/06.

 

Told him that Id been told that I dont need the statements etc and he said that I do and that there on my way to me lol, Cant beleive that place, they really dont have a clue what their doing lol!!!!!

 

Anyway, gonna call again monday and make sure theyve been sent.

 

Lee

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Hi, have just sent my prelim and got a few questions and hoped someone could help:)

 

How likely is it that they will close my account? Im claiming £687.

 

Do they put the money directly into your account or by cheque?

 

How likely/often do they just settle after the prelim?

 

 

Thanks in advance

 

 

Lee

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Replies in red........

 

Hi, have just sent my prelim and got a few questions and hoped someone could help:)

 

How likely is it that they will close my account? Im claiming £687.

 

We can't give any precise answer to that, but they are not in the habit of closing accounts. You need to be prepared for this though, just in case.

 

Do they put the money directly into your account or by cheque?

 

If the account is still active then it will be refunded to that.

 

How likely/often do they just settle after the prelim?

 

They are most likely to settle in full after the court claim is issued.

 

Thanks in advance

 

 

Lee

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 weeks later...

Ok received a letter through from Haliprats on Friday (17th Nov), offering me £212 pounds. Im claiming £687.

 

My LBA isnt due until next friday but seen as though they have replied to me am I right in thinking that I should accept it as part payment etc.

 

NOW THE CONFUSING BIT:)

 

Im going to attempt to claim contractual interest!!!! lol

 

Has anyone got an idea of what kinda letter I need to write them, bearing in mind that I will accept the £212 in part payment, its my LBA and also that I will be claiming Contractual Interest????

 

Also is there any other halifaxers who have been succesful in claiming contractual interest???

 

From phoning the customer realtiones department the other day they didnt even know what it is???

 

Please help :)

 

 

Lee

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From what I've read on other threads, its better to do separate claims for separate accounts or its gets confusing! If you get any spare time, ( do any of us get spare time? ) take a look through the winners threads. A lot of my ques have been answered by looking through ones that have gone the whole way and won!!! Most of the answers you want will crop up in there.

*Hayley*;)

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  • 3 weeks later...

Filed on the 5th deemed as served on the 7th. Have rang Halifax today to make sure they've received it and they have:) , So just a waiting game now!!!! Im starting to get very excited lol. Anyone have any idea how long it will be now, Ive been trawling throught the other posts. Some people are saying that they seem to pay out on the wednesday after its been served????

 

As everyone else whos been in this situation I keep on thinking there gonna drag it out!!!!

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  • 2 weeks later...

Ok little update, Rang Rachel Hincliffe, She said no claim recieved!!! Faxed through to them. She confirmed recieved. Said acknowledgment of service done on friday. Its now Tuesday and I havnt had anything in the post? Should I have by now? She said to me they now have until the 4th Jan to put a defence in? I thought the acknowledgement was the defence???

 

Any ideas?

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lee.all the banks know these charges are illegal,they wont defend because they know they will lose,if your having any doubts read all the posts on this website,if that doesnt convince you ,go to www.money saving expert.com there are dozens more examplews of settlements and tips on how to continue your claim succesfully.EVERYONE dont let them convince you to settle for less than the full amount.

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Got the letter through yesterday offering me settlement. They wont consider the contractual interest part of my claim but really need the money so have called and the woman said she will make a note that I will take the money. I havnt actually said to them yet that might continue for the contractual, (worth about £500), I just want to make sure I get the first bit of the money in. She says it will be between 5 to 10 days apparently. Anyone have any experience of how long it actually takes???

 

Another quick thing, Why is it that some people just find the money in their account and then get the letter but others like me get the letter first?

 

Is halifax not asking for people to accept it first?

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If you accept this payment (presuming that it will be called 'full and final') then it is the end of this claim, you can't change your mind about the contractual interest bit later.

 

That's not to say you should or shouldn't accept it - that's up to you only - but I just want to make that point clear.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi all, hope everyone had a good christmas.

 

Ive rang Halifax again today and asked when the money will be in my account. They have said probably late next week now!!!! I cant really wait that long as Im away for new year and really need the money!!!

 

Anyone got any idea how long it really takes?

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Have just rang again and went through to the actual department. She just told me someone has been dealing with it today and the money should be in there by the end of today!!!!:D

Im well chuffed:). well when I get the money in there I will be:D

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CONGRATULATIONS

 

Please take a minute to complete our SURVEY too.....

 

We will move the thread in a few more days - let others see the success first!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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