Some advice about a claim

[EdinburghKev]

My apologies in advance for a NEWBIE question. I have read, re-read and printed off loads of notes and FAQ's from the site but I cannot seem to find the thread I need to get advice about a Scottish claim that I may need to make against the Halifax.

I have followed the process and I have just sent off my letter asking for repayment. I have my LBA ready and I am asking for just over £2500 in charges to be paid back to me.

I have read everything relating to a claim of £750 or less. If I need to take this claim for over £2500 to the claims court here in Edinburgh against my local branch what process will I follow.

[laura1clark]

As far as I'm aware you will need to submit a series of claims up to the value of £750.

[EdinburghKev]

Ahh, that makes sense. I have read that you should only have one claim running at one time. I can slplit my 5 years worth of charges in to 4 blocks and claim for the oldest one first, then the next etc.

 

If I get to the stage I am in the small claims court how do I make the Halifax aware I am going to claim for all the charges over several claims?

[kath30]

Hi Kev the halifax will probably be aware that you will do that due to the dates you will be claiming for but if you wanted you could put a sentence in the LBA letter to inform them that you will be eventually claiming for the full amount. Remember when they do settle they will probably try to settle using the term 'full and final settlement' if you sign this then i don't think you can claim anymore money so you would be best to accept the amount of the first claim but add in the letter that you will be going for the rest of the money in £750 installments

 

 

if you found my advice helpfull please click on the scales in the top right corner of this message - thanks

[EdinburghKev]

Thanks for the good advice Kath. I guess I better sit back and make sure my LBA is correct, I am due to post it to the Halifax in 8 days.

[kath30]

if you need to post a copy of it on here and someone will help out if need be. Good luck. I have to raise my court summons tomorrow for BOS - really nervous now!!

[scotia]

Have a read of this:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6165

 

also to answer your question of how would you let bank know...here's how i done it:

 

Initial request for payment sent for full amount (£2116), Letter Before Action sent stating that as there were 62 seperate breaches of terms & conditions, that rather than submitting them seperately, and to make best use of the courts time etc i would be submitting them as follows: claim 1 is for period 1/1/01 to 1/1/03 totalling £731 plus interest plus court fee....£856 approx....2nd claim will be for etc etc

 

Hope this helps

[EdinburghKev]

Thanks Scotia, I actually saw this post of yours earlier as well, it was through reading this that I realised there is a £750 claim limit. I have booked marked it and will be checking it again before sending the LBA.

[EdinburghKev]

This topic was closed on 10 March 2019.

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