Gem523 v Halifax

[Gem523]

Hi,

 

I was wondering if anyone could give me some advice please?

 

I've been following the guidelines as given on this forum to claim against Halifax for over £3000 bank charges. I received an offer for £1430 last week which I accepted only as partial settlement to the claim. They replied today stating that they are sorry I rejected their offer but they will not refund all bank charges.

 

I know that the next stage is to go to MCOL but what I'd like to know is, do I register on MCOL today or wait until the 25th which is the deadline I gave before going to MCOL stage? Do I take the refusal as a prompt to move on or do I stick to my original deadlines?

 

Thanks, your help is appreciated.

 

Gem

[lucy.c40]

File It Now

[hagenuk]

As you have done it all correctly so far and have received an emphatic "no" from Halifax, you may now move on to the next stage.

 

Issue your claim without delay.

[Gem523]

Thanks for your advice.

 

I've just registered my claim on MCOL...let battle commence!!

 

Fingers crossed everything goes OK, knowing my luck I'll be the one they make an example of! All going well I should receive £3770.03 from Halifax if they cough up in full.

 

Wish me luck!!

 

[Michael Browne]

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, 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 to the particulars of my claim.

Yours Faithfully

 

When you receive the Notice of Acknowledgement send a copy to the bank’s solicitors.

[Gem523]

Aw that's great, thanks for letting me know that as I wouldn't have had a clue!

 

I'll keep you posted on my progress

 

[Michael Browne]

From your POC's:

3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent.

[Gem523]

Hi,

 

Just thought I'd give you a quick update - I filed my MCOL on 19th but heard nothing back yet other than papers from the court. Is this right?

 

Also, does anyone know approx how long it takes from MCOL issue to see the money back in your account? I'm a little worried I'll be the one they'll make an example of!

 

[hagenuk]

It is quite alright not to hear anything back at this stage, but you should get an Acknowledgement of Service from the Court if Halifax choose to defend, which they almost certainly will. Do not worry about this however, it is perfectly standard.

 

Regardning your second question, it is impossible to say, but could still be this side of Christmas - it does depend on what Halifax do from here.

 

Regardless, you will get paid eventually - if they could make an example of anyone, don't you think they would have done so by now?

[soltan]

omg gem I'm 1 day behind you in filing my claim aswell, would be cool to have the money this side of xmas. As an added bonus with halifax paying all these claims they might not put their annoying advert on tv as much!!

[Gem523]

Thanks hagenuk, fingers crossed I do see the money this side of Christmas. Really could do with it!

 

Soltan, let me know how you get on, maybe we can help each other through this and keep each other informed of each others' progress?

[soltan]

Yeh that would be good anyway good luck don't think you need it though.

[twofiveothree]

Hi Gem and Hagenuk

 

I too filed my filed my MCOL this week on the 23rd and have only received the paperwork back from Court. One worrying thing is it is in Northampton County Court and I live in Preston, Lancs. Does anyone know if this is normal and not to worry or have I done something wrong. Its really worrying now we are up to this stage isn't it? Glad to know others are in the same situation though. . . . Keep us informed how you are both doing and I will do the same. Caz

[twofiveothree]

Sorry just re read above thread and realised I should have said Gem and Soltan. What an idiot I am....Caz

[Aaronsdad]

Stop worrying!

I'm 30 miles south of Aberdeen and my claim went through Northampton!

 

It's essentially the clearing house for on-line claims. As far as I can gather it's only when there is to be an actual hearing that it is moved to a court nearby. Haven't yet sussed nearby to who, claimant or defendant! Would like to know though!

Yes, scary, twitchy, seen others repaid three days in front of me etc

BUT WE WILL WIN!

Good enough for me!

 

A D

[Michael Browne]

Once the bank files a defence, it is transferred to the claimants local court who then send out the AQ

[soltan]

Yeh caz im in blackurn it where mcol is based from don't worry be happy:)

[Aaronsdad]

Michael, surely you mean the court local to the mailing address of the claimant? MCOL has my address and an English address I had to provide for mail. So, the AQ would go to the mailing address?

Don't want any of my claim to go near Scottish Court!!!

 

A D

[Michael Browne]

Yes, I'm sure the AQ will go to the mailing address, since MCOL will only deal with an address in England, so presumably it would be sent from the court local to that address. But I don't know for sure. Suggest you phone MCOL helpline in the morning to doublecheck

[Aaronsdad]

Thanks Michael, I'm not that bothered as i flit back and forth over the border and my mail is covered. I find it very strange that I need an English address to file MCOL as the claimant, surely it would be fairer for either 'domicility' to count. Especially mine!!!

 

Hey ho! Only a few days to go!

 

Then the next one starts!!!

 

A D

[Gem523]

Hi,

 

As above I filed my claim on 18th Nov (Sat) so that means the 14 days for them to acknowledge is up on Saturday coming. I've heard nothing from the Halifax - do I need to contact them to confirm they've received the papers or do I just assume everything's OK and file for judgement on Saturday as the 14 days will be up??

 

Any advice would be great.

 

Gem x

[hagenuk]

It might give you a feeling of immense satisfaction to go for a default judgement, but it will be shortlived.

 

Halifax will almost certainly file for a set aside and you will have just bought yourself delay of several weeks.

 

A Judgement in Default is not a win. In the case of Masters -v- Leaver[1999]EWCA Civ 2016 it was held that a judgment in default means just that - it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favours one or other case.

 

My advice would be to give more time simply because, by writing a letter, such as the one below, you wait just seven more days - if you obtain a Default Judgement you have not yet won and may well have just bought yourself a two, three, four or more week delay while the banks apply for a set aside, which they are almost certain to do.

 

The truth is, an application to set aside Default Judgment is almost always granted as Judges prefer cases to be settled on merit, not by default.

 

 

Dear

 

Claim Number 6XX00000

 

You have not filed a defence for claim number 6XX00000 at (Town) County Court, and the time to file a defence has now passed.

 

I am writing to give you one final opportunity to make full payment of £000.00

 

If I have not received payment in full by 4pm (date - 7 days from date of this letter) I will enter Judgement in default.

 

Yours sincerely

 

Furthermore, if as the Claimant you become aware at any stage that the claim may not have reached the Defendent you should apply to set aside any judgment which has been made.

[Gem523]

Sorry hagenuk, that kind of went over my head a bit!!

 

Are you suggesting that I just sit and wait for a while?

 

I've noticed others have telephoned Halifax's legal dept to see what's going on...is this a good idea?

[soltan]

Filed mine on 20th, MCOL updated today and said it has been aknowledged, maybe you could ring the court and see of any news.

[hagenuk]

No, what I suggest is, on Monday you check with MCOL to see if they have filed a defence. If they have not you send the letter above which reminds them that they have failed to file a defence and it gives them a further seven days to do so.

 

Once the seven days are up, file a default judgement by all means.