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HELP! legal translation needed, please...NI claim


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I'll be following this thread closely Stephany, as I am also in NI!

I'm going to try and break my claims up into £2k chunks, as advised. I really want to bite them, get every single penny back and then give the fingers out the car window each time I drive past a Halifleece branch, haha!

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I have decided to go for a civil bill, it costs £140 but i think if i have read things right, we can get this back, because of the benefits we are on, it means at least doing it all in one go! less hassle,

but will keep everyone up to date!

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Stephany. :p

Are you sure the court charges are £140. I thought they were several hundred pounds. I am at the same stage as you from NI but my head is spinning. I have read so many messages and questions and answers I have BRAIN OVERLOAD!!!Every time I decide what route to take I read up on this site and certain things change my mind. I was going to go the Civil Bill way but all that money(£700) put me off as I just don't have it. Then I was going to split my claim but I'm nervous incase the courts say no more claiming and put a stop to it. Then the option came up for claiming in England and I'm waiting to hear if I can use that option from a friend. But after reading your message about civil bill I'm back to maybe using this option as it would be easier keeping everything at home!!! But is it cheaper for you as you are on benefits or is this what everyone will be charged. Ahhhhhhhh DONT KNOW WHAT TO DO!!!!!!!!!!!!!!!!!!! I REALLY CAN'T THINK ANYMORE. MAYBE I SHOULD CHANGE MY HAIR COLOUR FROM BLONDE TO ANY OTHER COLOUR...... THEN MAYBE I WOULD BE ABLE TO THINK CLEARER. I FEEL AS THOUGH MY BRAIN IS ABOUT TO EXPLODE!!!!!! HELP PLEASE. :eek: :eek: :eek:

CATHY.

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Now not sure, going to go to the court house today to find out, head is fried, if it is £140 and we can round that because of benefits then great, if not might have to do the splitting thing, worse still my laptop broke down again so back on hubbies, groan, need some good news now!

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Ok

Went to my local county court who told me i cannot split a claim and told me that for a civil bill i had to have a solicitor, the money online site looks perfect but is only suitable for England and Wales, not Northern Ireland! so how do i proceed? the total money i am claiming is £5979.98, and then there is the 8%, you know there is a reason i failed maths G.C.S.E, coz i am rubbish at maths, do i add the 8% on top of the £5979.98? or only from the spreadsheet? and the spreadsheet does not have enough room for me to put in all the charges, i am completly confused and lost, i want to claim all the money back, but don't know how best to go forward,

please advise?

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Stephany.

Cathy here....... I am where you are now. Now this is what I know. Spoke to my solicitor he has given me some input of the court system.

1. He thought that splitting the cost in court, would be a misuse of court proceedure and the judge might not take too kindly to going through court hearings twice.(although it's a risk you have to take if you want to chance it.)

2. Going across the water to England to a court there but then again he felt that because this was an issue in Belfast that he thought that maybe court proceedings should go ahead here not England.

3. So this only leaves me with option 3. Which is the Civil Bill. Now this will cost a few hundred pounds in court fees (compared to £62 in small claims)not to mention solicitors fees. I feel I have no other choice but to take this road and now I have to win this or I have to pay alot of money. A chance to take but I would rather do that than possibly lose the 2nd claim by a judge not allowing me to go ahead.

Will be speaking to solicitor tomorrow and hopefully will have more info for you then if you want it.

Cathy.

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Sorry Stephany forgot to say.... When you were doing your spreadsheet did it not automaticallly calculate your 8% for you when you highlighted the interest column. With your £5,000 + add the 8% on to it which will bring you well over the £6,000 mark. I think the Civil Bill is the way you have to go. It's too much money to split and you dont want to get rapped over the knuckles for wasting court time. ( Well sorry... I couldn't but if you feel "bugger it" then you go for it and you never know things could work out very very well.

BUT ONLY YOU CAN DECIDE AT THE END OF THE DAY WHAT TO DO. IT'S YOUR CHOICE MAYBE ASK FAMILY AND FRIENDS WHAT THEY THINK AND OF COURSE THERE'S ALWAYS YOUR FRIENDS HERE.

Keep in Touch.

Cathy.:-)

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I have decided to take my chance and go through the small claims court online. I will split the claim into three and only proceed with the next one after the first is completed.

It may not be the course of everyone, but after talking to my solicitor, a civil bill takes ages and costs a fortune, we are moving to Oz hopefully in 3-4 months, i don't have ages, will get back what i can and hope for the best. Here goes!

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Hi again.

I spoke to my solicitor today and he can't work for me as his company has defended Halifax in the past so can't go against them now. Standard solicitor practice apparently. Nothing ever goes smoothly for me, typical!!!!! So I too have decided to split the claim. Letters going off tomorrow. Good Luck. Will be in touch.

Cathy. :-)

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Guest bluecloud

What an absolute load of cow poo!

 

A solicitor can work from whomever he chooses (as long as he doesn't represent both parties in the same matter). It's more likely that if he takes on a client filing against the Halifax he is unlikely to get much more work from them.

 

 

.

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BLUECLOUD, That could be a great idea.... SEND MY SOLICITOR A PILE OF COW POO, SEEING HE LIKES TALKING IT SOO MUCH!!!!!!!! ONLY JOKING. :grin:

NO REALLY I WASN'T SURE IF HE WAS TRYING TO GET OUT OF IT OR NOT. NOW I KNOW HE WAS. MY SISTER EVEN SAID THAT SOUNDED FUNNY!! I am still very innocent with all this crap I'm told. He also told me not to split my claim, so I went out today and did the opposite he said and SENT OFF MY 1st CLAIM, (AT LONG LAST ;) ;) ;). )

HE IS NOW OFFICIALLY BEEN STRUCK OFF MY PHONE LIST. (No Christmas Card for him this year!!!)

FINGERS CROSSED EVERONE. WILL KEEP YOU POSTED.

NOW KNOWN AS (CATHY THE GULLIBLE.) :lol: :lol:

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Hey Cathy the gullible! finally, I am not the only one who is gullible, must come from a deep sense of always wanting to give people the benefit of the doubt, the hard part is realising people are talking poo, without getting cynical!

Here's to you and me, getting every penny back!! lol

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YOU ARE SOOOOOO RIGHT.(maybe it's a blonde thing!!!! but I like to think it's what you said we like to see the goodness in everyone.)

YOU GO GIRL. Let's start this money rolling our way for a change.

Nothing to do now for a couple of weeks but wait, read up and get ready for the next stage.

GOOD LUCK STEPHANY, WILL BE IN TOUCH.

CATHY :p

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  • 5 months later...

How did the split the claim matter end up?

 

I've a claim over £3000 against woolrich/barking barclays and am in the difficult choice zone of what next? Splitting doesn't sit well as it is tantamount to abuse of process but hey! Isn't having huge costs and having to use a solicitor abuse of citizens???

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How did the split the claim matter end up?

 

I've a claim over £3000 against woolrich/barking barclays and am in the difficult choice zone of what next? Splitting doesn't sit well as it is tantamount to abuse of process but hey! Isn't having huge costs and having to use a solicitor abuse of citizens???

 

Don't know yet, still waiting for an outcome!

hopefully will know some thing soon looking forward to getting more money from the Halifax!

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Hi Stephany. I too am here in Norn Iron. I filed my online money claim with NIcourts service and Halifax had until 5th May to respond otherwise a decree absolute would be issued by the courts. Today I got a letter offering me a partial refund of £785. I phoned and said I want the full ammount and they gave it to me. Job done.....good luck!

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Hi

I tried phoning them too before i put the claim in, since i had already got one claim paid by them, but they said to go through the courts, so i have, seems a bit silly to me, coz it will cost them more to go through the court, but hey their loss, my gain!

They have until the 20th April to respond.

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  • 2 weeks later...

Hi everyone. It's been a while since I've been on. So at the moment here's how things stand.

I have already split my claim twice and I am in the process of submitting my 3rd claim. You would think that after me getting 2 sucessful claims that they would learn from this but Nooooooo they are still sending me letters. So when the letters stop I will be claiming for the 3rd time. (Thank goodness that you can just go straight to the court stage.)

Hope everyone is getting on ok with their claims and keep in touch. This will diffently finish me with Halifax and then I will start with the Northern Bank and possibly my credit cards. Although I know someone who tried to claim back their credit card charges and they would only pay half the charges and they wouldn't budge on that. Has anyone else had problems with credit card charges?

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  • 2 weeks later...

Hi all, i hope this is the right place to post!

 

RBS submitted a defence yesterday and i have subsequently received details from Cobbetts (i assume their solicitors) of the defence and a request for further information form. In the defence it states that 'No admissions are made as to what charges have been debited to the claimant's bank account', and also states that 'The claimant refers under paragraph 3 of the particulars of claim to having provided the defendant with a copy of the list of charges. The defendant has not yet received a copy of this list. The claimant therefore put to strict proof of each and every charge the subject of the claim and must identify in respect of each charge (a) the date the same was debited, (b) the amount of the same and © the description applied to the charge'.

This is rubbish because i obviously sent them a list of charges with dates (but not the description of the charge, does this matter?), so do i need to send it off again or is this a delaying tactic? Where do i go from here? Has anyone had to deal with the same thing? :confused:

Thanks

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  • 1 month later...

I had a business for almost 10 years and had a business ACC with FIRST TRUST i have been reading so many threads and i am soo confused!

 

Having a business ACC i had all my statements anyway but thought i would ring them to get a summary of all my charges but as usual there co-operation was poor:evil: , so i went threw all my bank charges and to my shock its almost 15GRAND CRIPES!!!!:shock: :shock: :shock:

 

So i sent the standard letter to the bank requesting this money be refunded to me! I got the usual bull***t letter from them it could take up to 8weeks! Basically im rather strapped at the minute well i mean pure skint and i was wondering how i could speed up this 8week (there timescale) and what would be the best line of attack CIVIL BILL several small claims for under 2grand each???????

 

Any suggestions welcome PLEASE HELP

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