Halifax refunded current card charges but not credit card charges

[Scarlett Girl]

Help, we are really stuck here. I'm posting on behalf of my fiancee, as I'm helping him claim his charges back from the Halifax.

 

We claimed for both current account charges and credit card charges.

 

I've sent the prelim letter, the lba, a letter in reply to their letter saying that they were not going to pay the credit card charges as they didn't understand where they came from. So I sent the schedule of charges yet again. They wrote again, saying they were going to refund court charges, interest and the current account charges.

 

I wrote to them and said fine, but I will not accept this as full and final settlement, you still have to refund the credit card late payment charges.

 

We've now received a questionnaire from the court, a notice of transfer of proceedings? As they've filed a defence? Does that mean my fiance is going to have to appear in court? Has anyone dealt with this before?

 

It's only approx £350 that they still owe, is it worth it? I'm thinking that we should just cut our losses and run, but then the bank will have won and that's not good.

 

Am I in the right for claiming late payment charges, or are these somehow exempt?

 

If you could reassure me, I would appreciate it. I fly into a panic every time I see the forms!

[Guest bluecloud]

Credit card late payment charges can be reclaimed.

 

When you sent your schedule of charges, did you keep the accounts listed separately?

 

If so then it shouldn't be difficult for the bank to understand that you have combined the claims.

 

If you merged everything into one schedule, did you indicate where each charge came from? In the event that you only supplied the bank with a single account number to cover a current account and a credit card account then you may well have to accept the lower amount and issue a separate claim for the Credit Card account.

 

You need to complete the allocation questionnaire. PM one of the Mods for help with this. Technically it does mean that a court appearance could be imminent but I think we all know that the banks are reluctant to go that far. It would still be worth starting to look at the requirements for a "court bundle".

 

 

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[Scarlett Girl]

Bluecloud, thank you for replying!

 

I sent one schedule of charges with the letter, but split the charges, and was very clear. The first set was the current account charges, complete with account number and the second set was the credit card charges, again, complete with the account number. They've completely ignored what I've said, about it being a different account, it is so annoying!

 

I didn't realise it was an allocation questionnaire. It looks quite scary. I can't find how much we're supposed to pay either? We've already paid the £120 fee for Moneyclaim.

 

So even though we're to fill in the questionnaire, there's still a chance my fiance won't have to go to court? Should I send them a letter saying something about them filing a defence and them not knowing what we're claiming for when I've already sent them the info 4 times? And obviously include it again?

 

I don't understand what you mean about looking at the requirements for a 'court bundle'?

[conzi]

Bluecloud, thank you for replying!

 

I sent one schedule of charges with the letter, but split the charges, and was very clear. The first set was the current account charges, complete with account number and the second set was the credit card charges, again, complete with the account number. They've completely ignored what I've said, about it being a different account, it is so annoying!

 

I didn't realise it was an allocation questionnaire. It looks quite scary. I can't find how much we're supposed to pay either? We've already paid the £120 fee for Moneyclaim.

 

So even though we're to fill in the questionnaire, there's still a chance my fiance won't have to go to court? Should I send them a letter saying something about them filing a defence and them not knowing what we're claiming for when I've already sent them the info 4 times? And obviously include it again?

 

I don't understand what you mean about looking at the requirements for a 'court bundle'?

 

Hi,

 

I am claiming Credit Card charges for someone from Halifax.

1st letter i recieved from them said they wont pay.

There second letter offered half the amount.

Started court proceding against them on 03/11/07, i think they may pay up soon, i'll let you know!

[Guest bluecloud]

Bluecloud, thank you for replying!

 

I sent one schedule of charges with the letter, but split the charges, and was very clear. The first set was the current account charges, complete with account number and the second set was the credit card charges, again, complete with the account number. They've completely ignored what I've said, about it being a different account, it is so annoying!

 

I didn't realise it was an allocation questionnaire. It looks quite scary. I can't find how much we're supposed to pay either? We've already paid the £120 fee for Moneyclaim.

 

WHAT ELSE DO I NEED TO KNOW?

 

An allocation questionnaire will be sent to both sides, but only if the defendant submits a defence.

• You have 14 days from receipt of the AQ to return it to the court shown
  
• Failure to meet the deadline could see your case being struck out
  
• There is a fee* if your claim exceeds £1,500 in value
  
• You must return payment with the form
  
• Failure to pay the fee may result in your case being struck out

* The fee is £100, but you may not have to pay if you are in receipt of certain state benefits.

 

See http://www.consumeractiongroup.co.uk...ead.php?t=2147

 

 

DO I HAVE THE CORRECT FORM?

 

There are 2 types of Allocation Questionnaires, form N149 and N150.

 

N149 should be issued for claims that are considered likely to be handled by the Small Claims Track, and N150 for more complex or higher value claims. Both are shown below.

 

The N149 is very straight forward - in fact the AQ itself, being a 'multi-purpose' document, is not really tailored to the needs of a small claims case.

 

Since the N150 is usually distributed for claims which are likely to fall outside of the scope of Small Claims Track, it is slightly more in-depth and has a few more sections. However, do not be worried if you receive one and your claim is under £5,000 - it could just be a mistake. There is no harm in completing one of these for smaller claims...

 

More information can be found at:

 

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

 

So even though we're to fill in the questionnaire, there's still a chance my fiance won't have to go to court? Should I send them a letter saying something about them filing a defence and them not knowing what we're claiming for when I've already sent them the info 4 times? And obviously include it again?

 

I don't understand what you mean about looking at the requirements for a 'court bundle'?

 

A court bundle is a collection of documents that you will need should you get a court date. More information is here:

 

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

 

 

 

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