Someone to hold my hand (doing battle with Halifax)***WON***

[TUTTSI]

Hi Deb

When you accepted the £6k did you accept it as partial. When you did your claim did you deduct the £6k you received from the spreadsheet! and claim for the difference!

I would not have thought that after giving you the money and you say have accepted it that they can take it away! it sounds odd to me.

Remind me again of the facts.

Thanks

DS

[debbarker]

Hi DS,

Yes I sent the letter template from this website, accepting the £6k as partial. And he had received the letter because he was quoting from it, and in fact he said that the letter 'doesn't really say anything' (!!). I also deducted the £6k from the total - meaning that I am claiming for £5,300.

It is all clear as far as I'm concerned.

He said they can take the money back because if we go to court we are then saying that we're not accepting the £6k - maybe it's my weird grasp of the English language or something but we are not saying anything different from what I put in the letter.

On the one hand he was saying that the £6k was a goodwill gesture and not an admission of liability, and then he said that £6k was what I asked for in my first letter (so since when have they given us what we asked for?!!). The first letter I wrote was estimating £6k but i said I wanted the full list of charges from them to calculate exactly - I always made it clear it was an estimate and wanted them to clarify the amount (this was a letter I got off the MSE website before I found this site). They paid the £6k without even sending the list of charges!!!!!!!

DS, do you reckon we should still stick with Plan A and file for court after 17th May for the £5,300?

 

Thanks, Debbie

[sea-sidelady]

Hiya Debbie,

 

Sorry i never got back to you,

 

I think yes you should continue with your claim, as for them taking the money back, im not too sure as its a lot of money and as you said, some of it has gone, so it would set off another cycle of charges if they did.

 

I think you should double check with a mod, just to cover all bases.

[debbarker]

Thanks SSL. Have asked a mod to have a look.

I have registered with MCOL website in readiness for tomorrow.

 

Bring it on.......

[sea-sidelady]

Thats the attitude....

Let us know how you get on.

[debbarker]

Just another thing -

I will check everything through tonight and amend the spreadsheets to show just the £5,300 we are now claiming so I can calculate the interest, rather than the full £11k (as we already got £6k back).

I'm sure I'm right in thinking that I therefore discount the first £6k of charges and interest, ie from March 2001 onwards? Then I'll put on the Particulars of Claim the start date as from when the £5,300 of charges starts (e.g March 2004). Don't want to make a silly mistake at this stage.

Also, is it necessary to put the date I opened the account as I've been with the Halifax for about 20 yrs!! But not sure of exact date. First as single customer and then joint with hubby when we married.

 

Stiil - bring it on.......

[Jhawc24]

Can they legally take 6K out of your account? It's quite clear that you accepted it as part settlement and would be pursuing them for the rest. I should hope that a judge would see this as what it clearly is a bully tactic. You stick to your guns girl, I hope you get every penny they owe you. I think I'd be tempted to transfer the money into a different 'banks' account ;-)

Regards, Joan

[c_allen]

unless they've said that they've refunded the contractual interest in this offer, then i'd subtract the latest charges to the value of the offer,[unless they've said it's the earliest charges they've refunded] then carry on for the rest, also, don't forget the interest on these ''refunded'' charges.

[debbarker]

Hi C allen, well, if I think I understand what you mean (at almost 4:30pm!!!!) they didn't say the £6k was a refund of anything - just a goodwill gesture - and therfore no dates as to which charges they refunded, cos according to them they haven't!!

So you reckon I should still claim for the interest on the charges (£6k) I already got back? That's interesting if a little confusing......

Thanks, debbie

[c_allen]

i agree it's very confusing, the way i look at it is

1 they've made a refund without saying what the refund is for.

2 you must assume that the refund is charges only, they deny any claim for C/I in all claims [ to my knowledge] until they settle.-surely it's up to them to explian just what this so called ''gesture of good will'' is,........ unless it's just them being nice and giving you free money, which i doubt, you could carry on for the full amount, as in their own words , it is a ''G,O,G,W'', THEREFORE NOT A REFUND, so your claim still stands ................anyone????? only [half ]joking;)

3 as they've not explainded what they've paid you, work it out in the most favourable terms for you.

this is just what i'd do,and i may be wrong in thinking this way, but it's them thats muddied the water, i'm just trying to see through the murk:D

[jonni2bad]

deb - Have had a quick scan of the last couple of pages.

 

Have you filed yet?

 

If not, I would suggest, having been told that the £6k is to be withdrawn, that your claim be for the full amount as stated in the LBA (plus any later charges).

 

If they leave the money in the account and inform the court in their defence papers that they have made a payment of £6k, then you can amend the total in dispute when you receive your AQ.

 

I presume you are 'only' claiming Statutory Interest?

[debbarker]

Hi Jonni, and thanks for replying.

I get what you are saying. So it won't harm to claim for the full £11,300 especially as we think they might take the money out of the a/c ?

Haven't filed yet but will do tomorrow. am just preparing spreadsheets and printing etc

[debbarker]

by the way, yes only claiming the 8% interest - all my brain will cope with lol!

[debbarker]

Right........

Have done virtually all the MCOL form - except hitting the 'submit' button! Still want to re-read it all tomorrow.

I took the POC details from what is in the templates on this site - is that right? Obviously I changed various bits where necessary (figures etc), but am I right to calculate the daily interest still even though not claiming for 'overdraft interest' , just the 8% interest. Got a bit confused there. I took Jonni's advice and am claiming for the whole amount - let Halifax tell the Court they already gave us £6k as a so-called 'GOGW' - they're the ones confusing everything.

I will wait for someone to check this post before I do anything more with MCOL - oooh, it's a bit daunting!!

Debbie

[debbarker]

Please can someone read my last post....am now about to file claim via MCOL. Just wanted to make sure I've done it right.

 

Thanks

Debbie

[debbarker]

Well, if it helps, this is what I wrote in the Particulars of Claim section -

 

1 The Claimant has an account xxxxxxx with

the Defendant. 2 Since 02/04/01 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

£11,324; (b)Interest per S.69 County Courts

Act 1984 of 8% - £2,161.44 continuing at 8%

until judgement or settlement at a daily

rate of £2.97. 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.

 

Does this look right?

Ok to send?

 

Thanks

[c_allen]

yes, it seems to cover everything in the little space provided

[debbarker]

Thanks for reading it.

I think I'll just get on and finish it now - any more waiting and I'll change my mind!! LOL!

 

Watch this space.....

[sea-sidelady]

That looks fine.

And like jonni says, if they dont take back the 6k, then you can inform the court later.

[debbarker]

Thanks SSL - that's it then - time to file it.

 

[debbarker]

Righto -

Have filed claim via MCOL for total of £13,485.44 - it's a biggy!!

 

It now says that the request has gone to the Court to be verified bfore being issued. Do I send just one copy of the schedule of charges and interest by post to the Court? It's just that it says to send 2 copies on the onfo on this site, and I don't understand why.

And do I send the schedule and covering letter now or wait until it has been issued?

Have NEVER done anything like this in my life......

 

Thanks, Debbie

[sea-sidelady]

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

This will tell you everythin you need to do

[debbarker]

Claim request has now been issued according to MCOL site.

Am now posting schedule of charges and covering letter to the Northampton County Court so they can attach to my claim.

I don't know if Halifax will know about it all yet, but the money is still in the account!

At this rate I'll have no finger nails left!! LOL!

 

Debbie

[debbarker]

This will give you a laugh.......

I forgot to say previously that in the last week we received a letter from a certain 'Data Controller' regarding the 6 yrs of statements (those are the ones I requested in the SAR on 12th March!!!!) would be following shortly......and last Tues yet another person replied to an e-mail I sent on 26th March (to check they received my SAR) saying they couldn't find my request on the database, and asking ME for the date of the letter, and also how I paid - cash or cheque. I will wait until I win and then reply to this person.......

This is just pure and simple evidence of the fact that they do not record anything on their systems and no-one really seems to know what they are doing.

In case you're wondering (but you might not be!) the reason I have been able to carry on with this and already be at the stage of filing in court is because someone in Customer Relations sent me a spreadsheet kind of list of all charges for last 6 yrs - the statements I have now received do correlate with them!!

 

Anyway, thought this would give you a laugh on a rainy Saturday afternoon!!

 

Debbie

[debbarker]

Received Notice of Issue from Northampton County Court yesterday. It says that the claim is deemed to have been served today (23rd May) and the Halifax has until 6th June to reply........

Watch this space then...

Debbie )