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Morning folks,

 

Wondering if someone could advise re a letter delivered on Wednesday which I have just been able to access.

 

It's from the Halifax saying that they will refund the £846 charges + £309 interest that they have calculated but if I continue to ask for the other £1615 for the 2 years before 2000 they will file a defence.

This they have to do before Monday so I'm wondering if I need to reply to this letter declining the full & final settlement bit as I intend to go for the full 8 years( as you can see it's more than the following 6 years put together as most of our charges were incurred in the 90's)

 

many thanks

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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Hey Moses,

 

How far into your claim are you??, Ive filed my MCOL on the 17th October and they ahave acknowledged it on the 18th but I havent heard anything yet that they dispute the fact im claiming 12 YEARS!!!!!!!

 

I know some have got more than the 6 years and some are getting pulled up on it, guess its a bit of luck who gets noticed and who does not......

 

Not sure if you should except there offer or continue, leave that to someone who knows a bit more about the legalities.

 

Sean

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Hi,

 

I sent off 2 claims on the 11th one for 6 years on one a/c & the other for 8 years.

 

on wednesday the 25th I had a payment of £1231 appear in my a/c that i was claiming 6 years for "full amount" of claim

 

on the same day received a letter offering 6 years of the 8 claimed but stating if I didn't accept it they would file a defence- which they have until Monday 30th to do

 

Keep checking your account you never know & good luck with your claim( if I had 12 years worth of statements I would claim too as thats when we had most charges- you know, young ,4 kids at home etc...)

 

PS would you reply to the letter- it's cutting it a bit fine now for them to receive it before Monday?

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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Hmmmm well Id probably reply and get the letter out today, although if the dont enter a defence by the 30th does that mean you can claim by default??? although I do believe Ive read in some threads them entering a defence a few days after the 28days has elapsed......

 

Id just get the letter out and maybe call them to say you had replied........

 

 

Sean

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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thanks for that Sean,

 

any news yet?? should be any day now;)

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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Nope postie has just been and nothing today, Ill go and check my account this afternoon.........fingers crossed.:grin:

 

Sean

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Hello again,

 

My hubby has just arrived in Spain & has brought all the mail regarding our claims.Their response to the claim we have entered over 8 years is this:-

 

"The Halifax does not consider that you are entitled to the further £1615.43 that you are claiming. Unless yoyu can prove evidence of this further loss the Halifax will file a defence of this part of the claim"

 

can anyone point me in the direction of my next step???????? please

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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Guest bluecloud

 

"The Halifax does not consider that you are entitled to the further £1615.43 that you are claiming. Unless yoyu can prove evidence of this further loss the Halifax will file a defence of this part of the claim"

 

 

Just remind us all who provided you with the list of transactions and charges and how far back in time the list starts. :D

 

 

 

.

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Thanks for that bluecloud is that really all I need to prove I'm entitled to it & would I put that in a letter for them accepting the offer in part payment & sending a copy of the statements? cheers

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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Hi guys

 

I'm about to phone the Halifax re the part of my claim for £1615.43 which is for the 2 years previous to the 6 years charges which they have agreed to pay.

 

they say in their letter " unless you can provide evidence of this further loss the Halifax will file a defence in respect of this part of the claim".

 

When I phone them do I just have to tell them that I have statements proving the charges( which they sent me with my SAR) or will I have to enter in dialogue re

statute of limitations as I don't want to say something wrong & then they'll know i don't know what I'm talking about!

 

Any help would be really welcome as they have till today to file

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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Im in the same boat moses, so watching this with anticipation, they sent me statements going back 12 years so I have evedince they charged me, and my letter asks me if I can prove it.................

 

Sean

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Moses I am also claiming pre-6 years. It's best that you don't enter into any dialogue with them as they record your phonecalls, but you can't (unless you have the equipment). In my mind they are just bullying you into submission. It's YOUR money and you're entitled to it irrespective of what tactics they throw at you. My understanding is that the statute of limitation only comes into play if you were aware of of the charges being unlawful, which up until the OFT statement, we were all unware of.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6

 

See this whole link on claiming over 6 years, and it will make everything make more sense. Halifax can go ahead and defend your claim...ultimately if it gets in court they will still have to conceal the true cost of their charges...which they won't.

 

Don't let them bully you...keep fighting :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi,

 

So is there a letter to reply to the halifax saying you are not excepting there offer, or shall I just use the letter in templates stating Ill except it as partial payment etc etc.........

 

I think they have till the 6th Novemeber to file there defence in MCOL, does that mean i can claim the full amount by default after that date?????

 

Thanks guys

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Yes, you can send them the partial acceptance saying you will be pursuing the rest through the county court claim you have raised, although I don't think they will pay much attention. If they don't file a defence, then yes, you can enter a judgement by default, but don't hold you're breath...banks have been known to file a defence at the last minute, and have also been known to tell the court that they 'forgot' to file a defence, even after you've hit that judgement button.

 

Having said that, even if they file a defence, the likelihood that they will see you in court is very slim. Barclaycard, for example, filed a defence at the last min with me on a £160 odd claim in MCOL, but I haven't heard diddly-squat from them since :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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OK I think Im gonna sleep on this one, has anyone else successfully got back more than 6 years???...just dont want to mess this up....

 

Thanks guys

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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A fair few others have, and plenty of cases are on the go...if you're in doubt, PM a mod specifically about your case and I'm sure they can point you in the right direction...they'll also be more aware of individual cases over 6 yrs.

 

You're right to think about it though, it's best to hang fire and read around more so that you're well informed rather than jump in the deep end and not know which way to swim :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi guys

 

was moving house yesterday so missed these posts.

I will reply with the thanks for part payments see you in court letter &read the above mention thread

 

Many thanks crashbandicoot & my kids 3 now in their 20's & 1 12 still rate your game the best ever!!:grin:

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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Hope the house move went ok, and thanks, am very flattered that your kids think 'my game' is cool :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I think they are bluffing you. I doubt they will defend for the extra 2 years.

 

I have already been refunded for 10 years of charges from Halifax.

HBOS Plc - £9,954.65 Received partial settlement - Court 6/12/06 default removal / compensation / declaration

MBNA - Settled in full £2,377.33

Abbey National - MoneyClaim filed 26/06/2006 £883.90

Lloyds TSB - Claim Filed 11/08/2006 £2,630.00

Egg.com - Claim Filed 11/08/2006 £1,393.60

GE Money - Claim Filed 11/08/2006 £965.22

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OK Ive been hanging out for the decision and im gonna hold out for the full 12years....so Im not going to reply to the letter, I believer the have 28days from acknowledgment to file there defence, so acknowlefged on 19th Oct so have till around 16th Nov to file the defence.....hmm naybe i should post the partial letter, what do you think??????

 

the letter does say I only have 7 days to reply maybe they wont get it in time....

 

Thanks guys

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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me again,

 

Stuconroy,

 

did you get offered your 10years outright or did you have to decline a first offer for the 6 years????

 

Ta

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Sthurley have you created your own thread? It'll be easier for people to give you help regarding your own case. As it is, ignore their timeline and stick to your own. You can return the partial acceptance if you want but it'll be a waste of time IMHO as they already know you're claiming the lot, and may see it as a opportunity to bully you more. Let's see them defend it all if they really want to.

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks Crash, Yeah I have my own thread, was just using this one as it seems to have a few people in the same boat replying to it.....:-)

 

Thanks for the advice....

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Share on other sites

Let me have the link to your thread and I'll keep an eye on it :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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here ya go crash http://www.consumeractiongroup.co.uk/forum/halifax-bank/30737-thurley-halifax.html

 

Ill be using both threads......thanks8-)

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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