starting to reclaim

[holly12]

hi,

i'm sending off my prelim letter tomorrow, and although i've been reading the forums ihave a question that i can't find an answer for. can anyone help?

i know that most people say that the ( halifax ) will give in before an actual court appearance but i want to be prepared so my question is if it goes to court what should you say or do to prove your case and what else happens in court?

probably a daft question but it would help me feel more confidant if i know what to expect if it goes that far.

 

 

steve.

[jenpenny]

hi steve and good luck! the best thing to do at this stage is read read read. subscribe to a few threads and watch their progress. if it does get to court stage, most people file on MCOL (online court) or an N1 form to their local court. Therer are step by step instructions on this site, and help available for whatever step of the process you are at. wishing you lots of luck!

jen

[holly12]

thanks jenpenny

there are few other companies i am going to claim back from if this gioes well.

i'll post any developments as they happen.

 

steve.

[1stlifeline]

Hi, Im just starting the procedure today and have written my letter but am confused as to the best address to send it to. I have this address on a letter from the bank - City House, City Road Chester. I also have another letter with an address in Halifax on it. Then there is my local branch address. Does anyone know which is the best bet please.

Thanks

[survivor]

Halifax plc

Trinity Road

HX1 2RG

[holly12]

well i sent my prelim letter on the 7th, special delivery.

checked with royal mail and halifax recieved it on the 8th.

received a letter from the halifax today that is identical to others i have seen on other threads saying that they'll get back to me within 4 weeks.

now i've had contact from them it feels like this is actually started.

disregarding their 4 weeks though, fully intend to stick to MY SCHEDULE

so it looks like my lba will be going in the post on the 22nd.

got to admit after all the problems these charges have caused me and my wife in the past i think i'm going to enjoy this.

[hughes690]

Good on ya Holly - Now the ball is rolling I wish you well!

[holly12]

many thanks, hughes690

[sea-sidelady]

Looks like you know what you are doing

 

It is such a good feeling knowing we are getting them back for all all the grief they cause us!

 

Any problems just shout

[survivor]

Great news Holly - go for it.

I spoke to Haliprats on Friday after they replied to my LBA at the 11th hour - not an offer, just a reply toit saying that they would get back to me in 4 weeks..??

Woman I spoke to was most unhelpful, and told me that they set the timescales, not me.. See what they think when they get notified that I filed this coming Monday..???

Roll on the additional 8%..

Survivor

[holly12]

from what i've read on the forums they do have great customer service skills when they start to get rattled, don't they.

[sea-sidelady]

Most of them are really nice on the phone until they realise its us....

 

They have heard of this forum.

 

They know they dont stand a chance against us

[holly12]

just wondering if anyone can tell me why the halifax will pay up to some people fairly quickly but with others they seem to push it as far as they can?

[survivor]

just wondering if anyone can tell me why the halifax will pay up to some people fairly quickly but with others they seem to push it as far as they can?

Unfortunately, I can't answer that one - if I could then I wouldn't have filed N1 last Monday (12/02/2007)

IMHO, it may be down to who is assigned as customer service manager - some appear to be switched on and realise that there is no point in fighting a losing battle, whereas others appear to be trying to make a name for themselves in a vain attempt to save Haliprats some money or try and turn the tide...

Appears to be luck of the draw..

Survivor

[holly12]

well the lba went yesterday, looking forward to what they send back as an answer.

[docannie]

Hi holly12,

My claim was filed with MCOL (Court) last Monday as I haven't received any offers...I'd phoned them 3 times & e-mailed twice but no-one seemed to want to offer me any money!! So, I now get an additional 8%!!

[jaxads]

Hi Holly12 ---

 

it does seem to be the luck of the draw as to who deals with your case.

 

I must admit, the Halifax were brilliant with me (apart from taking the charges in the first place that is:mad: ) and settled in full after I telephoned them when the LBA time ran out!!! Have a read of my thread to see how I got on :D

 

I did get the lecture about, "did I not appreciate it costs money to run my account" to which I replied "of course I do, but surely the interest you've earned alone on my charges would more than cover the cost of running my account". He didn't really have an answer to that and agreed on the phone to refund me the whole amount!!!!!!

 

Good luck and best wishes.

 

jaxads xx

[holly12]

just read your thread jaxads, thanks.

amazing how quickly you got it all done with, well done. hope mine goes the same way.

docannie, a thought occurred to me - if you file a claim with the 8%

and you win through the halifax not entering a defence or by not appearing do you get everything including the 8%?

good luck.

[jaxads]

Hi holly12 ---

 

if you get to the court stage and add on the 8% you will get that back plus court costs - whether they choose to defend or not!!! I didn't get that far - so missed out on my "little xtra" 8% from Howard Halifax

 

I think the Halifax are slowly but surely starting to realise that if they don't settle in full after the LBA that they'll have to pay more in court costs and interest. The penny is finally dropping!!!!

 

Good look with your claim - keep us all posted.

 

jaxads xx

[holly12]

thanks again jaxads.

[holly12]

hi all,

just opened a letter from the halifaxand they say that they're sorry to hear i'm unhappy with my charges but that they can help by offering me just over a third of what i'm claiming in full and final settlement.

i reckon i'm going to call them and say i'll take it as part payment whilst i persue the rest and see what their answer is. any opinions or suggestions as to what/how to say it?

[AtMoSpHeRiC]

Hi Holly,

 

If it was me I would call them and say thank you for the offer.. BUT I will only accept this as part payment and that you will be pursuing them for the rest in court.. You never know you may get your full amount back.. Someone told me to be pushy but polite lol.. I make my next phone call friday

 

Good Luck hun

 

AtMoSpHeRiC X

[sea-sidelady]

This is the letter of rejection.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[survivor]

Holly,

 

I spoke to Halifax Last Wednesday and was told that it would be sorted by March 9th, however, woman I spoke to put a note on the system in the hope that someone would get back to me sooner. 90 mins later I got a calloffering me approx 60% of my claim. I politely declined their offer and pointed out that I had commenced court proceedings, so would accept their offer as partial settlement only and required the full amount claimed plus costs & 8% s.69 interest. I was put on hold for approx 2-3 mins and she came back on the line and offered the full amount on condition that I stopped court action. I tiold her that court action would only be stopped once funds had been deposited into the account.

 

Letter of confirmation arrived the following day, which went back by return, and money has been deposited into the account today - Think the next Halifax ad should contain the tune 'Oh Happy days..!'

 

Give them a call, but remain composed and polite. If they say that what they have offered is the maximum, then confirm with them that you'll accept as part settlement nly and will pursue the remainder through the court system. Don't get stroppy, andthank them for their time - that really gets them..!

 

Godd luck with the phone call - keep us all updated..

 

Survivor

[hardcore_alleigh]

thanks for the info ur the above post Survivor, really helpful for future reference