Gingerbam v Halifax - **WON**

[pelvicthrust]

Hi, Are you still waiting? Hows it going, I'm just about to 'dip my toes in' , sending off my first statments request letter. Keep at 'em , thats what I say.

 

PT

[gingerbam]

yep still waiting, had a bad week with the kids so haven't been able to go to the next step. Got a brief fob off letter from them on Monday, telling me to read the leaflet that they sent me a few weeks ago.

 

My worry is that now when I start action and add the 8% interest is that it will take my total now to over £5K, so I'm not sure what to do now, do I split my claim now even though I sent it to them as one IYKWIM?

 

 

Thanks

[pelvicthrust]

Really cant advise you unfortunately, but it does seem as though so many people have got so much money back...so why not you,eh?

[Michael Browne]

My worry is that now when I start action and add the 8% interest is that it will take my total now to over £5K, so I'm not sure what to do now, do I split my claim now even though I sent it to them as one IYKWIM?

 

 

 

If your claim is below £5000, but when you add the 8% interest is more than £5000, then it still dealt with in the small claims track. But court fees are based on the total and because this is over £5000, the court fee will be £250, which is reclaimable.

[gingerbam]

got an offer letter today, which is way below my claim. So will look at doing online tonight

[gingerbam]

Feeling really uptight about this now, can't find the reason for adding the 8% interest when you claim this. What reason do I out on my form for adding the 8% now.

 

Thanks, for any help.

 

I am wanting to do the Moneyclaim for as per the templates library, gone through the templates library again, about the step by step, do I just now claim via small claim court and not contact them now?

 

Also, what do I do about their offer? Do I accept or decline?

 

Many Thanks

[Michael Browne]

Add it to your particulars of claim:

 

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

[gingerbam]

thanks, what do I do with their goods will gesture offer?

 

Not sure if I can process tonight baby just woke up, but have registered with Moneyclaim.

 

(How can I get the title of my thread changed to Gingerbam vs Halifax?)

[Michael Browne]

what do I do with their goods will gesture offer? Nothing, filing at moneyclaim will sort that one out.

 

How can I get the title of my thread changed to Gingerbam vs Halifax? PM a mod and ask nicely.

[gingerbam]

Thanks for your help.

 

Can't believe I'm doing this... think I'm going to need a court buddy

 

G'night

[darling1]

help....Have just received an offer of £100.00, although I am claiming over £3000, I am going to turn this down. I am not doing very well with this site, it seem s everyone is brilliant and kind....it is just me, I cant even find how to join the forum properly. Where do I find the information to send a second letter, turning down the £100.00???? Why am I the only thick one out there???

[Michael Browne]

Go to the Halifax forum here:

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

 

Top left click on New Thread and post your questions and progrees there

 

Banktemplate letters are here;

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

And don't worry, you're not the only thick one out there!!! LOL

[gingerbam]

I WON!

 

Just got my letter from the Halifax and they have agreed to settle !!!

 

Very pleased, when I get the money in 5 days will pop back on to donate

[ROB_5]

Congrats !!!!

 

Good luck with the rest

 

Rob

[gingerbam]

not sure what to do with the online claim, I read a few threads, is it a letter I write to say the claim has been settled?

[gingerbam]

Ok, no money yet, they said 5 days, I made today the 5th from the date of the their letter........ are they waitting for me to write to the courts first?

[gingerbam]

This topic was closed on 09 March 2019.

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