halifax

[dave]

Once you have issued proceedings, you can charge the 8% APR.

 

Not before - you can try, and wait and see what they say about it. I, for one, think we should charge them the same amount of interest that they charge us.

 

The 8% is allowed under the county courts act - if the courts haven't been involved then don't chance it.

 

If they have (ie, you have started proceedings) then you are entitled to the 8%.

[sean frampton]

Thanks for the reply.

 

They have until 11/04/06 to reply to my preliminary request at which time i can alter the amount i.e. omit the interest charge if i have no success at that stage when i issue them with a LBA.

 

I imagine if court proceeding go ahead i can then apply those charges.

 

Thanks for your help and i will keep you posted.A donation for books could be on its way.

[sean frampton]

Hello again just updating:

 

I telephoned Kenneth Graham(Senior Customer Relations Manager,Final Review Team) today to obtain acknowlegment of receipt of my prelim letter dated 28/03/06.

 

He tells me that the letters get sent to central mail handling for processing and then forwarded on to appropriate dept.

 

It is on the system and awaiting to be looked at as there seems to be a lot of mail at the moment and it is in a cue

 

An acknowlegement and response will be sent at some time and at a date he can not confirm.He tells me that my bank manager has also received the letter.

 

The 14 days expire on 11/04/06 at which time LBA will be sent.

 

Keep you posted.

[sean frampton]

Hello everyone.

 

The 14 days are up today, after the prelim letter, so I waited by the door for a letter to drop.

 

Sure enough, one letter from Halifax, a bank statement.

 

I am on my way to post office to send LBA via recorded delivery.They have not communicated with me in any way whatsoever.

 

Keep you posted.

[sean frampton]

Hello everyone.

 

I phoned Kenneth Graham(Senior Customer Relations Manager) for acknowlegment of receipt of my LBA.

 

Again this has been scanned on system and I am told that there is a dedicated team assigned to complaints of this nature and they will be actioned and responded to in chronilogical order and may take time.I reminded him that I am working to my timescale and as they have received these letters (signed for by recorded delivery) I shall be progressing forward as stated in my letters.

 

Time runs out on 26/04/2006 and I shall enter a claim with the courts.

 

Keep you posted.

[sean frampton]

Hello everyone.

 

Just to prepare myself for the forthcoming event of court action i have just visited the Moneyclaim website.The information required is for the name and address of whom I am claiming against.

 

Halifax being the obvious name but what address shall i use.

 

Is it the address I have been corresponding to and use Halifax PLC as the name or do i issue it for my local branch and get them to provide a representative to act on the banks behalf.

They have not corresponded with me so far nor do i expect them to so i am not sure who or where to issue the claim.

 

Thanks alot and i will keep you posted.

[Bookworm]

Your branch will do.

[sean frampton]

Hello everyone

 

The banks time has now ran out.

I have filled in the form on Moneyclaim online to issue proceedings and it is just waiting for payment which will be tomorrow for £120.

 

I had read on this site that if you are on certain types of benefit you may not have to pay court fees.I am on incapacity benefit but there is no set up on the Moneyclaim online for someone on benefit to bypass this or any way of deferring court fees, can this only be done in person at the courts?

 

Claim tomorrow for £2810, cant wait.

 

Vouchers for Bankactiongroup are not far away.

 

Keep you posted.

[sean frampton]

My parents have come to my rescue and have paid the court costs for me.

The money claim online states that this will be processed at 10am tomorrow so i shall just sit back and wait now.

 

Thanks to everyone for the support and help and good luck everyone.

 

Keep you posted.

[Guest blindman]

You can claim the court fees back before it goes to court.

 

Fill out the eX160 form and send it to the MCOL court address.

 

You need proof of benefits etc.

[sean frampton]

Thanks a lot for that Blindman have just printed a form off and i shall give it a go

 

Cheers.

[sean frampton]

Hello everyone

 

I have just printed of my claim form from Money claim online showing that court action has startedand the Halifax have 14 days with which to enter a defence.

 

I live in the Southampton area but the claim has been entered into with Northampton County Court. If this gets to court can this be transfered to my local court or will i be required to travel.

 

On the Money claim online site it does not specify a court for it to be heard in. Do all claims on this site go to Noethampton or is it pot luck.

 

Any help or advice appreciated.

 

Keep you posted.

[Guest blindman]

If it goes to court, it will be transferred to your local court

 

 

 

If the defendant files a defence and the defendant is an individual, the case will be transferred to the defendant´s home court. Where the defendant is not an individual (ie: the defendant is a business), the case will be transferred to your or your representative´s home court. This means that your claim will no longer be handled by the MCOL system.

 

I suggest you read the excellent Claimant User guide on MCOL

[sean frampton]

Hello Blindman

 

Have been on that site and read the notes and once again you have been very helpfull

 

Thanks for that and I shall keep everyone posted as to how i get on.

 

Cheers

[sean frampton]

Hello everyone.

 

I have just copied this from the MCOL site,the claimant user guide is very useful and deserves a read if you get this far.

 

Claimant User Guide

Responding to a claim: defendant's options

The defendant has 14 days from the date of service of the claim to respond. The date of service is calculated to be 5 days from the date the claim is issued.

 

This effectively gives the bank 19 days before a judgement can be made,as far as i understand.

 

Mine was issued on 26/04/2006 which gives them until 15/05/2006

 

Keep you posted

[Guest blindman]

Hello everyone.

 

....the claimant user guide is very useful and deserves a read if you get this far.

 

 

That's why I told you about it

[sean frampton]

And I am glad you did

 

Just putting a helpful comment for others to follow.

 

I do see a lot of the same questions getting asked and this is because not everyone reads all the posts so as many mentions will be of help.

 

Thanks again Blindman you seem to have it covered.

 

Keep you posted.

[mechs]

Once you have issued proceedings, you can charge the 8% APR.

 

Not before - you can try, and wait and see what they say about it. I, for one, think we should charge them the same amount of interest that they charge us.

 

The 8% is allowed under the county courts act - if the courts haven't been involved then don't chance it.

 

If they have (ie, you have started proceedings) then you are entitled to the 8%.

 

I agree Dave, they once bounced a standing order over 20 pence defceit in my account and then slapped me with the charges, seems like they can flaunt the law to line their own greedy pockets

[sean frampton]

Hello everyone

 

I have just received a letter from Northampton County Court

 

Claim number 6QZ26798: Your claim was issued on 26/04/2006

The court sent it to the defendant by first class post on 26/04/2006 and it will be deemed to be served on 01/05/2006.

 

The defendant has until 15/05/2006 to reply.

 

I could just leave it at that and wait but does anybody think it would be advisable to send copies to the bank so that ignorance can not be a defence for them or the old `lost in the post and didnt receive` so they can drag it out a bit further.

 

Any advice a great help

 

 

Keep you posted.

[sean frampton]

Hello everyone.

 

Just to update;i have just checked MCOL as the claim is deemed to be served as of yesterday and there is no change.

 

This hardly surprises me as i have had no correspondance from the bank since i started on my quest, god forbid get an ackknowlegement of claim!

 

Will keep you posted.

[mechs]

Hello everyone.

 

Just to update;i have just checked MCOL as the claim is deemed to be served as of yesterday and there is no change.quote]

 

As its deemed to be served and if they dont arrive at the court then the court should find in you favour

[sean frampton]

I am hoping that they dont acknowlege,then,come the 15th May i will have a nice windfall(repayment) and job done.

 

Keep you posted

[sean frampton]

Hello everyone.

 

Just been on MCOL to check progress;

 

Claim acknowledged this afternoon

 

Keep you posted

[rivendale0506]

Hi Sean

 

My claim with the Halifax is running at the same time as yours, can you keep me posted as to what happens with you and I will do the same?

 

I have had the same response as you to all my letters - zilch.. although I have received a letter from the court saying they intend to defend, but have heard nothing more so far.

[sean frampton]

I certainly will. I have added you to my buddy list as a reminder.

 

I have also received a letter with a notice to defend, the only acknowldgement so far.

 

Good luck.