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mrsm v halifax


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Hi,

I received my statements yesterday on the 35th day after request and will be sending my prelim letter off on Monday. Just a quick question, I have been notified of a charge that will be debited from my acocunt on 31/03. Should I just forget this, or can I add something to my letter along the lines of "Re charge notified for 31/03, I request that this charge is cancelled or I will add it to my claim in due course". I wouldn't be surprised if I incure a couple more charges during the process of claiming either, presumably I can add these on if I get to court, but what if they want to settle before then?

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Hi

 

I would send the Preliminary letter with all the charges, that you have had to date, if you incur further charges then you can adjust your LBA to include these. You could also add a proviso to your LBA that you will add further charges to your claim.

 

Once your claim is filed in court then a £35.00 non refundable court fee is required to adjust the value of your claim. So when you file make sure that you have included every charge to date.

 

hope this helps.

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Here's a link to some information about default notices:

Default Notice | Payplan

To see if a company has registered a default on your credit file, you'll need to obtain said credit file.

Credit Reference File and Credit Repair | Payplan

MoneySavingExpert has a technique to get your credit file online, without having to pay the statutory £2 fee, but to me it seems like more hassle than it's worth, particularly since you need a valid credit card to apply for these services (and I don't have one! :( ) :

Your Credit Rating: How it works and how to improve it | MoneySavingExpert: Consumer Revenge, Credit Cards, Shopping, Bank Charges, Cheap Flights and more

Good luck!

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OK thanks for the info! I think it is unlikely Halifax have issued a default but I have probably been defaulted on a store card account as I missed a payment due to bank charges taking me over my overdraft limit. Am guessing there is nothing I can do about this though?

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  • 3 weeks later...

Hi,

Well, will be posting LBA tomorrow. Received a standard response to prelim saying they would investigate my complaint within 8 weeks etc, just checking, should I post my LBA to the person named on the letter at the customer services address, or just send it to the Trinity Road address??

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  • 3 weeks later...

Hi,

Just an update really, I should be filing in court now but just don't have the spare cash to cover the costs at the moment. WIll be doing it as soon as I possibly can though. Heard nothing further since their initial fob off letter. Very frustrated at not being able to press ahead ......

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  • 3 weeks later...

Well, today I received an offer for £565! I am over the moon as although I will not accept it (my claim has now grown to just over £1k), surely this is a good place to start negotiations. Anyway, my question. On the letter it says if I am not happy with this to telephone the person, should I do this or put it in writing saying I will only accept as partial settlement etc? Feel a bit nervous about phoning but then again, it might speed things up if he ups my offer?

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Hi scottiepoll,

I just got a letter saying they were investigating but would respond in full by 4th May, but I couldn't afford to file in court anyway just then so waited to see what they came back with and then got this today. Good luck with your claim!

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