Barry Swift v Halifax

[barry swift]

after sending my first letter to halifax on the 16th of october i got my reply today on the 28th of october saying they will look into my complaint and that they are sorry that i have to write to them regaurding this matter it also said that they are making further investigations and will be in a postion to reply shortly i will keep you all informed on my progress i did try to start my own thread but it told me i never had enough privilages ;-)

[barry swift]

thank you jonni2bad very greatfull for that i have received a reply back from the halifax saying they are looking into my complaint what letter do i send next cause my 2nd letter is due to be sent on the 3rd nov 06 thank you:)

[Tink]

you proceed with your timelines, so if you have sent your prelim letter, then go onto your Letter Before Action ...

 

Good Luck and keep fighting.

[barry swift]

thanks tink yes they have had my prelim letter will i find letter before action letter in the library

[Tink]

yep, in the library and go get them!!!!!!!!!!

[barry swift]

hello everyone ok just opened my letters and have a letter from halifax asking if we will accept the sum of 1,121.00 as a final settelment well i aint accepting that so i wont sign it but i need advice on what to say to them in a letter to state i will accept it as part payment thank you all for your continued help by the way i sent my LBA on the 1st of nov and i got this letter today on the 10th nov

 

bazza:D

[barry swift]

someone feel free to jump in and help me with my last post;)

[puppylove]

here is a letter in the library hope it will be of some help

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

[puppylove]

Barry, I hope someone else will be along to help you but as far as i know i have read that you can accept their offer as a part settlement

[Springer]

Yes that's right, tell them you will accept the offer, but on the understanding you will pursure the rest with the court action you have warned them about in your letter dated xx/xx/xx. Keep to YOUR deadlines and submit your MCOL 14 days after your LBA.

 

You are well on your way!!!

 

xox

[barry swift]

thank you all

[barry swift]

COULD SOMEONE TELL ME WHAT IS A MCOL THANK YOU:o

[Springer]

Hiya

 

It is a money claim online, which is where you can issue court action on the web.

 

You don't get to this stage until you have sent your preliminary approach for payment, waited 14 days, sent you letter before action, then waited another 14 days.

 

At the 'MCOL' stage, you can add your 8% interest which you can work out on the spreadsheet in the template library.

 

xox

[barry swift]

Soz To Be A Pain But How Do I Do A Court Claim On Line They Have Till 17th Of This Month To Reply

[Springer]

Try this link, it should all be on there.

 

http://www.consumeractiongroup.co.uk/forum/helpful-external-links/10-moneyclaim-start-your-county.html

 

xox

[barry swift]

hi all just a quick update got letter back today not bad considering i only posted it on sunday anyway this HELEN MARTIN lady from halifax is saying she offerd me 1,121.00 which we declined and she confirms that she will not refund the money owed to us and that future charges will stand and she has the right to close the account if i dont manage it correctly she goes on to say that if i remain unhappy i should seek further advice from the financial ombudsman service there deadline is the 17th of this month before i do me court action or moneyclaim on line please could i have some advice on what to do next thank you

[Springer]

Hiya Barry

 

Ignore her letter, they have had your Prelim and LBA now and know what you want, so stick to YOUR deadlines and do your MCOL after your LBA 14 days are up.

 

Nearly there, would be nice in time for Xmas!!

[barry swift]

YOUR RIGHT THERE SPRINGER IT WOULD BE VERY NICE IM JUST TRYING TO WORK OUT THESE SPREAD SHEETS A MO IS IT 8% PER CHARGE OR 8% TOTAL:confused:

[barry swift]

hi all me again soz to be a huge pain in the rear but i have just done my spread sheet and the total has gone from 3###.## odd cant remember figure i got it on poota somewere to 4,182.13 i added 8% to each bank charge is this right

[barry swift]

could someone please shed some light on this for me many thanks and also do i send my working out to the halifax thank you:confused:

[Springer]

If you use the 'simple' spreadsheet in the libray it will work it out for you.

 

It will work out the 8% on EACH charge calculated from the date the charge was applied to your account.

 

When you have done your MCOL send your shedule of charges with the 8% to the court and the Halifax.

 

I used these letters:

 

FOR THE COURT:

 

The Court Manager

Money Claim Online

Northampton County Court

21-27 St Katherine’s Street

Northampton

NN1 2LH

 

 

(DATE)

 

 

Dear Sir/Madam

 

(YOU) –v- (BANK)

Claim No: ********

 

I have today requested the issue of a County Court claim via the Moneyclaim online service, details as above.

 

Please find enclosed a schedule of the money taken from me by the defendant bank by way of charges, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached with the particulars of my claim.

 

 

 

 

Yours Faithfully

 

 

 

 

 

 

(YOU)

AND FOR THE BANK:

(BANK)

 

 

 

 

(DATE)

 

 

ACCOUNT NUMBER: **********

 

Dear Sir/Madam,

 

Further to my recent correspondence to your department dated **/**/** and **/**/**, in which I requested the repayment of unlawful charges which have been levied to my account, your lack of positive action to resolve this matter has regretfully left me with no alternative but to seek redress at the County Court.

 

I wish to inform you that I have today (**/**/**) issued a claim for the repayment of the unlawfully taken charges, plus statutory interest, plus costs. The claim will be served to you in due course.

 

Please find enclosed a schedule of the charges I am claiming, along with the interest accrued to date. A copy of this has also been sent to the court. Please note this schedule does not include court costs.

 

 

 

 

Yours Faithfully,

 

 

 

 

 

(YOU)

[barry swift]

Spinger Thank You So Much For Your Help When I Win This I Will Donate To This Site Do You Know That It Has Gone From £3,769.00 To £4,182.13 With Intrest Can Court Fee They Would Of Been Better Off Paying The First Figure Lol:d JUST ONE MORE THING ON MY SCHEDULE THERE SEEMS ALOT OF UNPAID DD CHARGE WILL THIS MAKE ANY DIFFERENCE TO MY CLAIM

[Springer]

No Barry, it shouldn't do!!

 

xox

[barry swift]

well i have done mcol today and sent me letters and shedules of to halifax and court so i guess it is just a waiting game now lol:-D

[ab123uk]

no, its not 8% on each charge, its 8% Interest on the charge(s), if you use the spreadsheets, it should calculate itself for you?