MrIncredible v Halifax ***settled***

[stevesj]

welcome to the forum MrIncredible!

You could estimate (as a reasonable average)the charges if the statements are missing, or contact the bank and request them - sometimes thay can give a transaction listing for specific dates. If they can't supply them, go with your average (but not over the top...).If you send in your prelim, you're showing you are serious about your claim, and you may want to consider putting the fact that although you requested the statements, they didn't appear, and being reasonable you are estimating the missing bits. They will either ignor this and accept it, or get the info to you pronto.

 

Anyway, Good Luck. Regardless of the amount, the principal is the same, it's your money, go get it!:grin:

[stevesj]

Very much so! Standard as standard lamp in a standard lamp shop, down a standard street! Verrry Halifax;)

 

They have this mentality of expecting all and sundry to wait for them (usually 4 weeks).

 

You have a time scale - 14 days - (if you have and know your charges prior to your S.A.R - (Subject Access Request)) - stick to it!!

 

I think personally they are overrun with us lot persuing them, and can't keep up. If you have done a prelim letter outlining what you want, then I suggest you intervene after 14 days, and go for a letter before action, give them another 14 days and perhaps telephone them if no reply. This is because they will no doubt try and ignore you, hoping you will go away, and not go to court or they will try to fob you off! When you call them you may want to ask them if they intend to settle prior to you going to court? - this of course would save them paying interest and court costs.(don't want to dip into anybodies profits do we??)

[stevesj]

not really profess to be an expert but (in no particular order)-

 

from April the Financial Ombudsnan and OFT will make suggestions to the financial sector as to how much they could charge....but it is not law!

 

You could accept the payment as a part settlement, and explain you are pursuing for the rest of your claim - I'm impressed by their letter, I'm claiming less and haven't had an offer, yet!! (the LBA is sent so give it a couple of days, then phone them)

 

Explain that you want to avoid loading the claim with court costs, and would want to settle amicably, but the whole amount plus SAR costs please. (there is a template for part settlement in the library) - by not accepting the amount offered will prejudice any future litigation you make.

 

So, accept in part payment using the template suggestion, give it a couple of days, and phone them (Saturday / Monday)

 

Steve

[stevesj]

A moral victory - taken to where you want it - it's not for us to prejudge what you do.

 

Well done - hope your family situation gets a little better

 

good luck to the both of you

 

steve