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jenpenny v Halifax ***SETTLED IN FULL***


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hi all, im new! just sent letter to halifax today with a ten pound postal order asking for 6yrs statements. Now, I think my charges are gonna come to OVER 5k....(i know, i know)...does this make a difference? do these things ever go to court? feel sick and nervous!! looking forward to the journey though!

Jen

statement request - 8th jan

statements received- 13th jan

prelim sent - 22nd jan

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Hiya Jen,

Welcome to the forum, dont be nervous.

My claim is for over £5, im now at the court stage and so far it has been no different at all.

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This is a link to my thread, you will see we all start off very nervous and unsure of what we are doing. There are some very useful links on there aswell which you will find helpful

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank/43327-posted.html

HOW TO...DUMMIES GUIDE TO CAG...Read here

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

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hi again guys, was just wondering if anyone has any links to forum/questions/answers regarding claiming for over £5000.....help would be much appreciated 9and thx seaside lady, just looking for other links to help me out!!)

jen

statement request - 8th jan

statements received- 13th jan

prelim sent - 22nd jan

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If you go to the search bar at the top of the page and enter over £5000, plenty of threads will come up. And the more you read the better. :)

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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thanks for help sslady.....i have been reading and reading and reading!!! will just sit tight and wait for all the statements now, and if its over 5k will split it into two claims.

This site is fab!!

statement request - 8th jan

statements received- 13th jan

prelim sent - 22nd jan

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Jenpenny,

Hi, I've just joined the site this evening with a view to getting my money back from Halifax, probably around £2500. At the mo, am training to be a divorce lawyer, sitting Civil litigation exam in 2 weeks time so have some knowledge but by no means expert ( if I was I wouldn't be here asking for advice), £5000 is only the limit for the small claims track, if it is above this figure then the Court will send you an allocation questionnaire to decide how best to deal with your case. If the amount is over £5000 but less than £15000, the Court would most likely allocate it to the "fast track", you would have to pay a fee to the Court of around £100 but, unlike the small claims track, you are able to claim your legal costs up to £750. The Civil Procedure Rules (which the Courts use to manage cases), rule 1.4(1) lays down some fairly strong guidance to keep cases out of Court if at all possible, as such, defendants generally try to keep cases out of Court (and their costs down)if at all possible so don't be scared of calling their bluff!!

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thanks ever so miuch for advise naughty.....i might be ahead of myself but know this yr alone prob amounts to 2k so will see! gl, and look forward to reading re how you progress

statement request - 8th jan

statements received- 13th jan

prelim sent - 22nd jan

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I agree with bigmak,

It is better to keep your claim as 1. Its easier.

The lady at the court told me there was even less chance of banks taking it further with fast track. Lets hope it wont be long before you recieve your statements.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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well that was quick!!!! sent letter on the 8th requesting statements, got a letter today thasnking me for letter but it had this sentence in it....

 

"We deal with these requests on an informal basis, so I am returning your postal order for "10 to you"

 

??? has anyone else had this returned? strange. Aslo statyes i will be reciving my statements within 10 days!

statement request - 8th jan

statements received- 13th jan

prelim sent - 22nd jan

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anyone got any thoughts on the above? :-)

also - having a bit of a blonde moment! I have managed to access vampiresses spreadsheets thru opening google account. however, they are "vuew only" and iu cant enter any data....any ideas?

Thx!

statement request - 8th jan

statements received- 13th jan

prelim sent - 22nd jan

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got statements today, am owed 2423, not over 5k, didnt realise i was once such a good girl lol!!! antywaysv - they are movin quickly!!! sending letter tomorrow!!! am claiming to the 10th of jan. wish me luck!!

j

statement request - 8th jan

statements received- 13th jan

prelim sent - 22nd jan

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Hi there jenpenny. On the spreadsheet click on file and scroll down to copy spreadsheet press that and it should load and then you should be able fill in your details. remember not to put the interest on untill court stage. bigmac

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thans mac. finally sent prelim letter today, was waiting for a couple of charges to go thru. nervous now!!!! gl all

j

statement request - 8th jan

statements received- 13th jan

prelim sent - 22nd jan

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Hiya jen.

Dont forget you can keep adding charges until you file at court. So any you get between now and then, just keep adding to your list. :D

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Still waiting......:rolleyes:

Hate this bit. The court papers have been issued and they have over a week left to do something. Keep checking my account tho (just in case..;) )

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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hi all, recieved standard letter today (26th) sorry to learn you are unhappy....you will receive reply no later than 4 weeks...etc etc. Also recieved letter saying i was 250 quid overdrawn without over draft facility and they threatened to close my account. well, good! because i have opened another one ! :-) the 250 quid overdraft is made up of charges anyway! SO, GETTING READY TO SENMD lba IN 8N DAYS TIME. gl ev1 keep smiling!

j x

statement request - 8th jan

statements received- 13th jan

prelim sent - 22nd jan

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  • 2 weeks later...

hi all, havent heard anthing more from halifax, sending LBA tomorrow....quick question....have seen some people sya they have given 7 days nmotice on LBA rather than 14.....whaich one is correct??

Many thanks

jen

statement request - 8th jan

statements received- 13th jan

prelim sent - 22nd jan

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Hiya Jen,

 

I have copied this from the step by step guide.

 

If you are not offered a FULL refund then proceed to the Letter Before Action (LBA) in the library.

 

However do make sure that you understand that there is a possibility that the Bank may decide to defend and that you may have to present your case to a judge in a Small Claims Court. This is very rare, but you should be aware of the possibility.

 

If you have to issue a court claim, the spreadsheet mentioned earlier will also calculate interest at 8% as allowed by s.69 the County Courts Act (1984) and which you will add to your claim at that point. NOTE: you do not claim the 8% unless you put in a court claim.

 

 

(5)

 

Once again, one of the following will now happen:

 

A) The bank or credit card company will ignore your request and you will not receive a reply. If this is the case, allow for the 14 day deadline and proceed to the next stage of the claim - COURT ACTION

 

B) You will receive a fairly standard letter saying "sorry you are not happy, we'll get back to you sometime in the next decade..." Again, if this is the case, allow for the 14 day deadline and proceed to the next stage of the claim.

 

C) You will be offered a partial refund but it will be offered as a "Full and Final" settlement of your claim. Again, we would advise you to accept this - but only on the condition that it is a partial settlement and that you will continue with your claim to recover full funds. This is now the most likely outcome.

 

D) You will be offered a full settlement of your claim. This is still unlikely at this stage, but it just might happen.

 

It does say 14 days.

  • Haha 1

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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thx ssl and well done on your little win so far! did think it was 14 days, but read a few people have said 7...will stick to what i know! ;-)

jen

statement request - 8th jan

statements received- 13th jan

prelim sent - 22nd jan

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hi all....mnged to send lba today. I have a quest re interest....can i please say i HAVE done a lot of reading just not the brightest! now - im kind of preparing myself for MCOL. my cahrges come to £2501 without interest, and with the 8% interets it comes to £2813. This is the only interest i will (potentially) be claiming....but iseem to rememebr a x .0000222 or something been written on this forum...is this something i should be claiming? and what is it for???

many thanks

J x

statement request - 8th jan

statements received- 13th jan

prelim sent - 22nd jan

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hi all....mnged to send lba today. I have a quest re interest....can i please say i HAVE done a lot of reading just not the brightest! now - im kind of preparing myself for MCOL. my cahrges come to £2501 without interest, and with the 8% interets it comes to £2813. This is the only interest i will (potentially) be claiming....but iseem to rememebr a x .0000222 or something been written on this forum...is this something i should be claiming? and what is it for???

many thanks

J x

Hi JP

0.0022 is the multiplier you use to work out the daily interest on your claim, it is the equivalent of 8% per annum. By my maths, your debt is accruing interest at the rate of £5.50 per day, claimable from the day your claim hit the court system!

Good luck, I'm still waiting for my statements to arrive!

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