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    • I've been very agreeable all the way to this point, and I have started to think they have taken advantage of that fact.   Without going into massive amounts of detail, my reasons for not wanting to give them further opportunities to rectify the work are:   1. Delayed multiple times from outset with poor commuication and threats that I could not pull out (despite them breaching their own contract for start date) 2. Repair attempt 11th June (not all issues addressed) 3. Workers attended 5th June (Issues with work not addressed) 4. 28th June Matthew (director) attended and agreed work unacceptable- 5. 15th and 16th July- workers attended to rectify issues and actually made front drive worse by making unnaceptable paving cuts (raised in engineers report). Rear patio issues addressed (not all, and most serious issues remain)   Communication wise, my son has had an amicable discussion with the workers and director when attending my property. I have full CCTV front and rear and have all evidence including audio and video recordings of all interactions. I have not refused to communicate with them. I have refused to communicate with them via telephone as I said that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of.   I understand the point about being reasonable and fair. I think I have evidenced that I have thus far. They have had ample opportunities and stonewalled me and sent debt collectors after me. Now I've provided evidence of their poor work, I feel they are realising they are looking at a large loss, plus legal costs they probably are unwilling to pay.   I would not be happy to pay for their independent assessment (they have not paid for mine). The majority of the issues that were raised in the engineer's report, I had already highlighted to them (such as the cuts of the bricks not being in line with manufacturer's guidelines- if you recall I had already contacted the manufacturer Tobermore for additional information)   If you feel I'm completely missing the mark here, then I'm happy to be guided by you, however the Consumer Rights Act only provides them with limited opportunities to put work right. Surely I cannot be expected to just sit here for months and just keep letting them try and try again, and only now that they face the prospect of potentially losing at court. I've been reasonable, polite and accommodating from the outset, and I have written, video and audio evidence of all of this.          
    • ok good defence due by 4th oct by 4pm.   so no you wont have gotten an n180 yet...
    • The claim form was dated 2nd Sept. Not filed defence yet.  Not had an  N180
    • Hi dx I have had an attempt at my witness statement just hope i have got enough in and the order sits well. Any thoughts would be welcomed.   In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant WITNESS STATEMANT OF XXXXXXXXXX   I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected a request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.   3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that upon receipt of the claim form a CPR31.14 was issued to the claimant on the 31/012/20 and proof is included in exhibit 1.   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.    Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….   Thanks G
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libertie V halifax **WON**


libertie
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I just wanted to say have just finished typing my prelim letter to halifax, it is late so will be off to the post box in the morning.

I have been reading everyones threads for the past week and you have all inspired me to ask for my charges refunding.

It's only small compared to some peoples but am starting off:)

 

I was in my local branch today the man there is lovely. When I asked for address details for halifax he was intrigued to know why. I told him and he said he would be very interested to hear of my outcome so that he could tell other customers how to go about asking for their charges back! Am going in tomorrow with full details of the website. How cool would that be if he had your details on his counter!!:cool:

 

Prelim to Amex 22/5/06

Prelim to Halifax sent 23/5/06

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

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Thank you Vampiress, it helps enormously knowing other people are out there..... and in similar situations.

Will keep you updated.

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

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  • 1 month later...

Bloomin heck it took me ages to find my original post....... should have bookmarked it...........anyway just to update............

 

I had a reply to my prelim request with a goodwill gesture offer of £60, which I accepted as part payment towards the total claimed for within my LBA. Needless to say I haven't heard from them since. I gave them an extra week to reply( just in case, wishful thinking:roll:) and just filed with moneyclaim last night. Looking forward to receiving a refund forthwith!

 

Am forever encouraged by this fantastic site..... also my brother just received a full refund from halifax last week for £1800.:grin: He was very happy.

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

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  • 4 weeks later...

Hi all,

 

Mysteriously two deposits show in my account today, arrived there some time wednesday afternoon.... Yay!!

One a refund of court costs and interest the other the refund.

Went to get a printout from the bank.... really satisfying....they were as pleased as I was.:D

 

Just wanted to keep you updated.

Thanks for all the help, on to Barclaycard and HSBC biggy next!:shock:

 

Libertie

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

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.Ads

 

Do you have your own thread somewhere? I can't seem to find it, we need to know what stage you are up to then people can offer you advice. Yes I did have to issue court proceedings via moneyclaim website but that was after the letter writing had failed. Have you read around to make sure you know what you are about to undertake? Start your own thread and then we can help you.

 

Libertie:)

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

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Hi Milvertons,

 

Yes I used the template preliminary approach for repayment letter,in the bank templates library. After all thats what they are there for;)

 

I removed the section highlighted in red as in this case it wasn't relevant to me.

No I didn't include interest on the money as it was a small amount I was claiming for. I have posted on your thread re interest that may be confusing you.

 

Stick to your timetable, your money will be refunded. Remember there are lots of people who have been through this so we are here if you need help.

 

libertie:)

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

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Bloomin heck it took me ages to find my original post....... should have bookmarked it...........anyway just to update............

 

I had a reply to my prelim request with a goodwill gesture offer of £60, which I accepted as part payment towards the total claimed for within my LBA. Needless to say I haven't heard from them since. I gave them an extra week to reply( just in case, wishful thinking:roll:) and just filed with moneyclaim last night. Looking forward to receiving a refund forthwith!

 

Am forever encouraged by this fantastic site..... also my brother just received a full refund from halifax last week for £1800.:grin: He was very happy.

 

HI congrats on your result. I am claiming for OH, they have replied offering £58 what letter do i send saying that i will accept this as part payment? As i am a little unsure I have read through and confused if i start of my money claim or send of a letter. Any info would be much appreciated.

englishrose

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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Hi English Rose,

 

Am not sure what stage you are at, any chance you have your own thread somewhere then we can see where you are up to? then advice can be given knowing all the facts.

 

In my case I just adapted the letter before action template letter to include the following,

Dear person from the halifax,

Thank you for your letter dated xxxx, I appreciate the speed in which you have responded to my letter of xxxx. I accept your goodwill gesture offer of £xxx and i am willing to accept this as an interim payment only, not as full and final settlement.

I understand that the charges you have been applying to my account in relation to unauthorised overgarft fees etc etc then rest of template letter.

 

Libertie

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

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well done

Freebird x

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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  • 12 years later...

This topic was closed on 11 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

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