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monkey_uk -v- Halifax (Bank accounts and credit card)


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Hi Monkey

 

I think ive got this right. They have paid you about £1 short of what you expected ; charges & 8% . Thats what you would have got without the CI.

 

My way of thinkin is that as the precedent was set against claiming the CI on M&R argument can anyone really take the chance of going to court just to try and claim that if they have been paid the charges + 8%..

 

I think the banks obviously realise that if we are trying to claim CI and they put the money in the bank in their typically underhanded way, we then have no hope or bob hope of trying to bring this claim to court cause there is this precedent.

 

As i understand it IF you can prove that they havent paid all the charges you are entitled to then I get the feeling it is of general opinion that you should just carry on with the claim, no matter how much you claim they are still owing you.

 

It seems to be a matter of principle .

 

a) Do you take their enforced offer and roll over and play dead.

 

b) Do you stand by your guns and carry on with the claim.

 

You say their deadline is up on the 27th? do you take the chance that with them putting money in bank they might think that you have accepted and then they wont put a defence in ,= result you win by default.

 

Have they given you a time limit to accept or refuse. If they have are you still within the limit. If so you will need to send a letter of rejection if you intend to carry on.

 

I do not know what the judge would do in your case because they have reimbursed you for nearly all of your claim.

 

He could tell them they must up their payment to one he thinks fit in the circumstances

or

He could say that in his opinion they have been reasonable in their paymen and tell you he thinks maybe your calculations were off track but you still wouldnt get the CI.

 

It boils down to what you in your heart think is best for you. Do you want to take the chance and perhaps loose everything or even some of your claim.

We are advised on here to try and do everything we can to reach a settlement before going as far as Court. If in the event it goes as far as Court then this will look good on our part in the eyes of the judge.

This might sound awful but here goes,; How do you think the Judge would react once he knows you are taking the Court route for just £1.

He may well agree with you on principle , perhaps he will be as fed up as we are with the banks .

Or he might try and tear you off a strip for "wasting" Court time just for a pound.

Sorry if that sounds awful but yove got to think of the worse sinario.

 

My claim is virtually the miror of yours BUT, in my case I think they have underpaid me by £300 just on the charges + 8%.

I am dithering with the "Should I or shouldnt I" thing myself.

I mayjust ring them up in the morning and tell them I want the rest or I will carry on .

See as I sad before I think they have just kept to the SoL Act , cause Ive done another spready but just gone back to 2001 (6 yrs) and that makes their offer to me seem just about right give or take a few bob.

Again we are advised to go for the whole amount ,not to be fobbed off. I know I wont get the CI in Court but if I can convince them on the phone tomorrow that their offer is short then who knows they might just up it to what I want.

Dont really want to mention the SoL to them because if it does go to court they will be for-warned and so for-armed so to speak.

 

Im sure you will do what you think is best for you. Have a really good think and go with your gut feeling.

Please keep us informed though as to what you decide.

 

Dont know if this will help but Very Best of Luck.

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Thanks for that monkey . Not much hope for me then:rolleyes:

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Well, looks like it's DEFAULT TIME BABY YEAH!!!

 

They've not paid anything for my visa claim, so come monday, by my reckoning, it's CCJ time! woohoo!

 

I still don't know what to do about my bank accounts claim though!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Have you sent off the Rejection letter?

 

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

 

If you wanna keep the dosh (HA! HA!) - then it's letter #2

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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I've not acknowledged the payment (other than using it to pay off some debts!).

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Hi monkey

Havent you sent in a rejection letter then.

Would this affect anything if it does go to Court.

They only have tomorrow for mine too but mines slightly different than yours (not much), I think they have only considered charges from 2001 not 1999 (my claim)

If mine goes to Court it will be for charges as well as interest so hoping it should be ok.:(

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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I think I'm going to have to just accept what they've forced upon me.

 

I'm not even sure if I can ask them for my costs (£9.50 per hr)???

 

That is for the bank accounts charges claim.

 

In regards the Visa card charges claim, they've not entered defence yet, so looks like it's time to default them!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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I'm not even sure if I can ask them for my costs (£9.50 per hr)???

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Does the wasted costs order not just apply if they settle after defence? If not, then great!

 

To update everyone, I'm considering the claim for the bank account charges (the larger of the two claims) as settled. Yes, I've bottled it, I'm a wimp, but my chances of successfully claiming CI are slim. Had the account not still been open, Halifax would not have been able to force settlement upon me, and therefore I almost certainly carried on to claimCI after refusing any offer for less than this.

 

Oh well, c'est la vie.

 

Now for the pice de resistence (I'm sure Bookworm will happily edit my post so that that is spelled correctly!).........

 

 

...

 

 

...

 

 

...

 

Wait for it...

 

 

...

 

 

...

 

Halifax have entered defence for the claim they've settled, but not for the Visa Cards claim.

 

So, I'm staying up late tonight, and come 0001hrs tomorrow morning, I'm filing default judgement!

 

They can't say they've not received the papers, or misplaced them, as I have emails to prove that they received the claim, and that their intentions were, and I quote: "offer settlement or enter a defence by 21st July".

 

I now need to research how all this Default Judgement stuff works, so if anyone has any advice, feel free....

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Does the wasted costs order not just apply if they settle after defence? If not, then great!

 

Sorry wasn't entirely sure which claim you were referring to or where you're up to. If they have just capitulated and haven't even entered a defence then there are no costs to claim, as you haven't really spent any time on anything.

 

Now for the pice de resistence (I'm sure Bookworm will happily edit my post so that that is spelled correctly!).........

 

Pièce de résistance. And while we're on the subject...

 

c'est la via.

 

c'est la vie :-)

 

So, I'm staying up late tonight, and come 0001hrs tomorrow morning, I'm filing default judgement!

 

I wouldn't hold your breath... I'm not entirely sure how MCOL works, but I don't think at midnight it will automatically let you file for judgement - but good luck, and let us know.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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According the MCOL Helpdesk, I'll be able to get it at 0001hrs, but I've got my doubts too!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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What are the options that I'll see and what do I chose.

 

I only know I'm asked whether to accept the def's proposals to repay, or they have made a proposal. I've not been ever able to see further due to my other claims being settled. I've only seen this far as my First Direct claim from last Spring is still "live" on MCOL even though it is settled. When I called MCOL over a year ago, they said they had no way or closing a claim as "settled", so I went in and started entering default judgement, just to see what it says, but I daren't go any further incase it actually issues it!

 

So, if anyone who has ever issued a default judgement wants to explain how it works...please, be my guest as this is new territory to me!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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It's letting me do it, but not sure what stuff to select!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Do I want them to pay immediately, by installments or by a certain date?

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Default now showing as "requested".

 

I chose for them to have to pay immediately, dunno if that is correct though.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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I've just chaecked my online banking at 0918hrs, and they've paid, apparently yesterday, the charges back, plus the 8% interest at the time of issue (i.e not up to the time of settlement), there's also no mention of the court fee. Edjits!

 

Not really sure what to do now to be honest, as the default judgement has already been requested!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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I should add that I checked at just after 2300hrs last nigght and it wasn't in there, I also took a printout of my recent transactions in case they decided to pay the money in, on say, the 26th and back date it to the 20th and say they paid up in time, which I'd not put past them.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Now MCOL is showing that they've entered defence for the Visa claim! ARGH!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Oh I'm raging now!

 

Why were they allowed to enter defence after I'd already requested a default judgement?!

 

WTF is going on?!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Hi Monkey.

 

Looks like you and I are more or less having the same trouble.

Ive filed for Default this morning. (Just waiting for the bank to file Defence, I bet they do.)

They offered me a gogw and I rejected it but they put it in my bank regardless on 10th I rang to tell them to take it back. It was gone on 23rd (yesterday). BUT going by my statements on-line they put it in and took it out again on 9th. Then today the transaction has just disappeared completely .:mad:

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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yes overflow, sounds about right, which is why I've been printing mine out for the last 2 or 3 days or so, cos I know that they can backdate transactions, as well as making transactions disappear totally!

 

I'm so annoyed with the court system because it's allowed them to file defence even though I applied for default judgement at just after midnight this morning.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Judgement is now showing as "Rejected".

 

God I hate the way that banks get away with murder! If this was them suing me, I bet I'd not be allowed to enter defence after they've requested judgement.

 

Suffice to say, I'm raging.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Mcol is alway slow at showing a defence.

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Hi Monkey

 

Just want to offer my support.

 

Sort of know what your going through.

 

Our WIN will be all the sweeter wait and see.

 

GOOD LUCK and KEEP ON FIGHTING

  • Haha 1

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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