help needed ###won###

[Rooster-UK]

[emmaf01]

It is so important to follow the timescale you set in your letters. It shows how serious you are, and in some cases, they don't pay attention properly until you file the claim in court.

 

In all of the banks I have dealt with only one paid attention before I files my claim. So it can make the difference between getting your money back or not.

 

But you have to follow the correct timetable for your claim to be taken seriously in court. It gives them "reasonable time" to settle the matter, in the courts opinion. Whether they choose to is there business.

[kgrant]

i am now at the court stage i have filled out the N1 form and had it checked by my step mum as she works at the court, there is one thing im not sure about i have looked in to wether we will be able to get away with not paying the court fee due to our income and the benefits we recieve , im just wondering wether anyone else has has had a fee remission when getting to the court stage , i want to get my claim in as soon as possible but i havent got the £120 at the moment, it does look like we are entitled so do i hand my ex160 form in with my claim and just take proof of benefits and income with me?

[Aaronsdad]

Here's a link to the court website page about fees and benefits.

 

Link to fees

 

A D

[kgrant]

i have read the information about court fees and we are eligiable for a remission(i think) but do i hand in the form for the remission when i take in my claim?

[sea-sidelady]

When you go to the court, take in any proof of your income and they will give you a form to sign. Take all paper work with you and they will sort it.

 

Dont forget to take 3 copies of everything.

[kgrant]

just thinking there is no point claiming back the court fee on the claim form if i get it for nothing is there?

[barbershop0]

Hi If you don't have the pay the court fee, then you cannot claim it back.

 

Regards

[sea-sidelady]

As much as we love to get something for nothing, im afraid this isnt the case here.

[kgrant]

halifax have had nearly sis weeks now so thats it i have filled out the N1 claim form and ill be taking it to the court tomorrow,

just one question when you have filed the court claim what happens if the halifax make me an offer , my claim is for just over £3000 with the interest it comes to just over £4000 , once i have filed the court claim am i entitled to the amount including the interest or if they offer the original amount do i take it?

[sea-sidelady]

As soon as you file at court you are entitled to the full amount, including court fees, the added interest. And dont forget to add the £10 from your SAR.

[kgrant]

well i wont be adding court fee as i wont have to pay that and i wont have to add the £10 because i got my statements free after halifax made a cockup:D

[Aaronsdad]

Remember the amount that you will have spent on postage and possibly phone calls, claim that back.

There's also a box when you file for 'solicitors costs' (max £80 I think). You might not have used a solicitor but your time costs money too and with solicitors costing £150/hr+ they're getting off lightly!

Make them pay!

 

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[kgrant]

i have recieved a letter from the halifax this morning after i sent my lba and it says they have looked into my complaint and feel they have applied there charges correctly and that i agreed to the terms and conditions and that they are declining my complaint , help what do i do can i still go to court?

[enaid]

just carry on with your claim as normal. It is a normal fob off letter.

[**Tilly**]

hi also got letter this morning refererimg to lba but mine was different to yours mine was you will recieve a response no later than 15th june but im still filing court papers i think you do the same follow your own timescale some should confirm this if im right there are lots of good people on thi site

[kgrant]

hi also got letter this morning refererimg to lba but mine was different to yours mine was you will recieve a response no later than 15th june but im still filing court papers i think you do the same follow your own timescale some should confirm this if im right there are lots of good people on thi site

 

 

 

i recieved this letter a few weeks ago, i have had my court papers ready to file but i have been unwell and unable to get to the court so i hung on for the date they gave me and this was the response i got

has anyone else had the same letter its worried me a bit i will go to the court on monday now if i still can claim through court

[**Tilly**]

if i had got that letter i would still file my court papers as everybody says its your money you got the right to get it back so yes go for it im sure somebody would correct me if im wrong:)

[enaid]

As long as they have had 14 days to reply to your LBA, then there is no reason why you cannot go to court.

[corsicanpine]

Hi all, I just posted this on tilly's thread,

 

Just thought I'd share my experience with you, hopefully boost your confidence!

 

I received full settlement of my claim last Wednesday 9th May and I have since received the following letter dated 8th May.

 

Dear ******,

 

I have received and have been dealing with the proceedings, which you have issued against Halifax plc in the Northampton County Court.

 

Your claim relates to bank charges debited to your current account. These charges were debited to your account in accordance with the account terms and conditions, which you agreed to accept, and by which you are bound.

 

I have returned the form of Acknowledgement of service to the Northampton County Court indicating that Halifax intends to defend your claim. THIS IS THE BEST BIT! However, on a purely commercial basis, it will cost Halifax money to defend your claim in terms of the legal costs that will be incurred. It is unlikely that Halifax will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs are not generally awarded.

 

For this reason, but without admission of liability, Halifax is willing to reimburse £**** in respect of the bank charges incurred, together with £*** in respect of approximate interest that Halifax has calculated was charged on your account as a result of charges. The Halifax will also reimburse £120 in respect of the Court fee. This amounts to £****.** which will be paid into your account within the next 5 working days.

 

Yours sincerely

 

Laura Beatty

Customer Relations Manager

Customer Relations

 

From this it seems that they are paying out without going all the way.

 

Good luck with your claim and stick with it!!!

[enaid]

There you go Kgrant and Tilly, that should give you a boost and put away any doubts. Best wishes Enaid x

[kgrant]

thats boosted me a bit, i have given them more than 14 days after the lba due to being unable to get to court but i will be down there first thing monday morning with my papers

[enaid]

Kgrant if you are not claiming Contractual Interest and your claim is under £5000 the Money Claim on Line is very easy do do, you can also log in and see how your claim is going. It will end up in your local court though, but if you are struggling getting out and about, it is another option.

[mackem67]

I'm at the waiting stage after they acknowledged my claim..................I keep checking our account but am always disappointed lol

[kgrant]

Kgrant if you are not claiming Contractual Interest and your claim is under £5000 the Money Claim on Line is very easy do do, you can also log in and see how your claim is going. It will end up in your local court though, but if you are struggling getting out and about, it is another option.

 

 

i cant do moneyclaim online as i will be getting a fee remission due to our income levels and certain benefits otherwise i would have done, i can get there now though ,i had broken my leg so was unable to get about:D