Quango Vs The Halifax

[djquango]

Hi just found this site in the last week but had already started the process through information from a friend. Now am a bit worried may have done something wrong.

 

Firstly rang halifax around the 5th Jan 07 for 6 years statements. Said would cost 5 agreed and received the statement pretty quick. Sent first letter on 23rd of January.

Received standard reply saying will respond no later than 4 weeks.

 

Left the full 14 days the sent a LBA

This is what the template I used was like though and only gave 7 days is this OK or have I made a mistake? Im just about to start MCOL but am worried I may have done something wrong after finding this excellent site.

 

HALIFAX

78/80 QUEENSMEAD

FARNBOROUGH

GU14 7SP

Dear Sir or Madam,

Re. Account number: ******** Sort Code ******

I refer to default charges applied to my account amounting £1581.00, which I have requested you pay back.

I wrote to you on 23rd January 2007, making the original request for a payment in settlement of my claim. As I have not received a satisfactory response, I am writing to inform you I intend to claim the full amount claimed together with interest of £232.77 up to the date of judgment and court fees in the proceedings through the county court.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the Aldershot and Farnham County court will rule in my favour.

I have attached a full schedule of the charges with this document.

I look forward for a full response to this letter within seven days, otherwise I will commence court proceedings without further warning to reclaim my money.

Yours faithfully,

 

 

Any hep would be appreciated

[crashbandicoot]

hi djquango, 14 days is recommended as giving them 'reasonable' time to respond. If you would really like to play by the ball, give them 14 odd days before you start your court claim, even though your letter stated 7. That way, if there is ever any come back, you can say you extended the deadline, but they still didn't pay you. Chances are it won't make a difference anyway, as it's highly unlikely they'll pay you within 7 days.

[djquango]

Hi I have waited the 14 days even though my LBA stated 7. So this should be ok? Can i progress with my MCOL?

 

Halifax are sneaky they sent a reply to original letter that would reply within 4 weeks then after 4 weeks another letter stating sorry you have not had a responce we are still investigating and you will hear from us no later than match 21st.

 

IS this OK for the MOCL or do I need to enter more info?

 

Thanks for your help very much appreciated

1. The Claimant has an account ********

with the Defendant, opened Nov 1998 2.

Since 30/03/02 the Defendant debited

charges and interest in respect of

purported breaches of contract. 3.

Defendant is aware of all details as a list

of charges has already been supplied.

Another copy will be sent. 4. Claimant

contends: (a) The charges exceed the

Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to

levy such charges is unenforceable under

the Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of £1581;

(b) Interest per S.69 County Courts Act

1984 of 8% - £240.53 continuing at 8% until

judgment or settlement at a daily rate of

£0.40; 6. Alternatively, if the charges are

a fee for a service, then they must be

reasonable under S.15 of the Supply of

Goods and Services Act 1982. 7. Costs

allowed by the Court.

[crashbandicoot]

Djquango, that's fine, you've therefore given them ample time, and can commence your court claim. The POC looks fine, I'm presuming you've taken it off the template, just beware that MCOL has a word limit on the particulars...as long as it all fits

 

The banks all say they need time to investigate. Ignore their timeline and stick to your own

[djquango]

Thanks Crash

 

Feeling a little more confident

 

Gonna submit claim today/tomorrow

 

Anyone submitted a claim against halifax had to wait long for an offer?

[crashbandicoot]

My claim was settled in full by Halifax just a few days before the court hearing. Once you receive a court date, you can expect them to call with an offer about two weeks before they are due in court with you. Stick to your guns and you'll get the whole lot

[djquango]

Thanks gotta wait till friday so I can pay the court fee but looking forward to the next step.

 

Seems like there is no set way fro halifax to deal with this a some people have offers from first letter some from LBA and others nothing until MCOL

 

Ill keep the thread updated as I progress

 

thanks for the help crash

[crashbandicoot]

No probs dj, yes it is very random how they settle cases...you just have to expect that it will go to the line, that way you cover all eventualities

[djquango]

Hi am going to file claim tomorrow. Have just realised may be exempt from fee as receive child tax credit.

 

Is there any disadvantages to filing through N1 at my local court against using MCOL??

 

What from do I need for laiming exempt fee?

 

Thanks for help

 

Cant wait to file claim

[barbershop0]

Hi

 

Filing at court using a N1 has the advantage of you being able to get all your details on the form without the word count restriction. Some courts have large backlogs which MCOL doesn't have. It is easier for the Halifax to defend the MCOL by filing the form online.

 

No doubt someone will answer your fee exemption question.

 

Regards

[djquango]

Thanks for advice barbershop

 

Do you think its worth me ringing the court to find out if they have a backlog

 

Mind you have waited this long can wait a while longer

[sea-sidelady]

I would deffinatly advise you ring the court to check for back logs...!

 

I filed N1, as the people at the court looked over my papers and double checked for me.

But there is a massive back log so im still waiting and i filed on 5th Jan.

[djquango]

I would deffinatly advise you ring the court to check for back logs...!

 

I filed N1, as the people at the court looked over my papers and double checked for me.

But there is a massive back log so im still waiting and i filed on 5th Jan.

 

Hi Sea-sidelady I have been reading your thread totally crazy still no response?

 

I think ill give them a call before I file tomorrow. Would rather do N1 as think we are exempt from fee anyone know which form I need to fill in for this?

[sea-sidelady]

If you doing N1, you will have to take proof of any help you are getting.

[djquango]

Handed in the N1 today Kind of excited what happens now??

[crashbandicoot]

Now you wait for the courts to acknowledge your claim, for the bak to waste time and file all the relevant docs at the last minute, eventually the court will issue a hearing date, and then your claim will be settled in full before that date arrives