HoneybadvsHalifax

[honeybad]

Dear All,

 

I really could use some advice right now! I have followed every stage of reclaiming my bank charges in the correct manner and allowing them maximum time to respond positively.

 

My MCOL was issued on 31/10 and they initially acknowledged on 09/11 and i had a copy of their acknowledgement papers sent to me by the court. They then had until the 04/12 to file a defence in reposonse to my claim (this was yesterday and neither the court or myself have had any response). I had been informed by another successful claimant on this site that Halifax usually send a letter offering full and final settlement a few days after they have filed an acknowledgement (this has not happened).

 

I was all ready to enter a judgement against them (thinking that at last my 5 month wait is almost at an end) and i read a post on this forum that has given me grave cause for concern.

 

It states that enetering a judgement may cause you to incur extra time delay, as the bank can apply to the court to issue a ruling that will "set aside the judgement"?????? (and i have to attend a hearing for this?) Is it really true that after all this time and the fact that the banks do not have a leg to stand on, they can still get away with not reimbursing charges??

 

It has also been stated that for someone in my position, it may be advantageous to send in a last letter warning them that if i do not receive funds within my account within 7 days, then i will issue a judgement against them for the full amount???

 

Or do you think that the Halifax are just back-logged with claims and that is the reason for their delay in responding to me?

 

I really don't know what to do for the best????

 

Dan.

[David1004]

Hi Dan,

I'm just a little behind you. My claim was acknowledged on the 4th December. How I understood it, you can make a claim for judgement in default after 28 days from when the claim was acknowledged. I thought they could only ask for a stay if they hadn't acknowledged the claim initially. I.e. They are given 14 days for a reply and acknowledging buys them a further 14 days in which to enter a defence. If they haven't entered a defence after the further 14 days (28 in total) then I was under the impression that there were no further time delays. I bought the Small Claims Law Pack but it doesn't make it really clear. Maybe a phone call to MCOL would be the way forward to check if they have any options. If you find they can't go for a stay then file the judgement. Let me know how you get on.

Good luck

David

[David1004]

Hi Dan,

Addendum to the above, I've managed to find other threads which confirm that once they've acknowledged they have to enter a defence. If they do you receive an allocation questionnaire if not you have WON!!! Here's hoping I don't hear anything before 25th December. It seems rather appropriate having Christmas Day as Judgement Day!!

 

All the best

 

David

[David1004]

Hi Dan,

I just rang the MCOL myself as I wanted to be 100% sure of the situation. The bank CAN APPLY FOR A SET ASIDE if you file for a judgement, so I think the letter has to be the way forward giving them a final 7 days.

 

David

[honeybad]

Hi Dan,

I just rang the MCOL myself as I wanted to be 100% sure of the situation. The bank CAN APPLY FOR A SET ASIDE if you file for a judgement, so I think the letter has to be the way forward giving them a final 7 days.

 

David

 

David,

 

Many thanks for your advice.

 

Do you think it may be beneficial to me to ring their legal dept to find out what is happening or should i just send the letter giving a final 7 days?

 

Dan.

[David1004]

Hi Dan,

If it were me, I'd ring and then send the letter. Be weary of any tatics they might try on the phone. Write everything down as a record. A really good tatic is to record the conversation which you can do if you have a speaker phone. I've used a dictaphone in the past when I wanted accurate records of a phone conversation. You might have to inform them that you were recording the conversation if you wanted it to be admissable in court.

Hope this helps,

david

[honeybad]

Hi Dan,

If it were me, I'd ring and then send the letter. Be weary of any tatics they might try on the phone. Write everything down as a record. A really good tatic is to record the conversation which you can do if you have a speaker phone. I've used a dictaphone in the past when I wanted accurate records of a phone conversation. You might have to inform them that you were recording the conversation if you wanted it to be admissable in court.

Hope this helps,

david

 

David,

 

I don't want to sound stupid, but how should i word my conversation with them so that it doesn't sound too menacing and at the same time gets my point across??

 

Regards,

 

Dan.

[David1004]

Hi Dan,

I would just be very polite but firm. I'm ringing up because you have not filed a defence to my claim numberxxxxx. The deadline for a submission of a defence was xx/xx/xx. As that date has passed I'm giving you the opportunity to settle the claim within 7 days before I file for a Judgement in Default. I will be putting this in writing.

Make sure you stick to the points you wish to make and not get sidetracked into any other discussions. I've read on the site that people in the legal depat are really quite nice!

Good Luck.

David