Sea-sidelady V Halifax (for nephew) ***WON***

[sea-sidelady]

I sent the SAR 42 days ago, and thee statements finally came today.

 

I think my nephew was a bit dissapointed that his total only came to £716. He was expecting at least £1.5k.

 

But i think he is just pleased to get something. So tonight i will be doing the spread sheets and sending the prelim tomrrow.

Im hoping on this one that he gets an offer in the next couple of weeks, so we can phone and get the full amount.

 

So far i have to say haliprats are the easiest to do.

[jowalshy]

Go for it sea-sidelady and Good luck

[sea-sidelady]

Thanx jowalshy,

 

I posted the prelim yesterday, so 14 days countdown begins.

 

I think i have bitten off more than i can chew......

 

My neice has a friend who was going through an agency was paying 30% plus vat plus costs...!!!

 

So i said "bring it round i will do it"

 

There are 6 claims..... :eek:

I thought it was just the 1.

I cant go back on my word now. But im totally swamped.

 

Oh well who needs sleep anyway.....!

[jowalshy]

Just aswell there is alot of time in between each stage for you to get your head around it all. At the mo I have one at MCOL stage, one at rejecting offer stage and 4 at SAR stage. Make sure you keep each claim separately filed to avoid confusion.

 

Good luck

[chris2239]

It is quite addictive isn't it, and i've only just started.Have you had any dealings with nat west yet? i've only had a quick look at their threads so far, but they look very long and drawn out

[jowalshy]

Not yet. Only Halifax, HSBC, LLoyds (for my brother), MBNA, Citi and Barclaycard. yes it is very very addictive. lol

[chris2239]

Oh is that all! your quite a novice then

[sea-sidelady]

I am keeping everything in seperate files. (i will buy more tomorrow!)

 

So just to keep me in order my list is now.....

 

HALIFAX 1 prelim

A&L 1 prelim

BARCLAYS 1 accepting offer

BARCLAYCARD 1 40 sar up on monday

BARCLAYCARD 2 sar sending tomorrow

CAPITAL 1 waiting for sar

CAPITAL 1 (2) sending sars tomorrow

RBOS 1 waiting for sar

LLOYDS 1 sending sar tomorrow

ABBEY 1 waiting for sar.

 

I think thats it.........

 

Oh my god thats 12 claims..........!!!!!! :shock:

 

Im going to have to stagger these. Its impossible to do this many.

 

I think im the only person here that is hoping all the banks take the full 40 days to send the statements. lol

[sea-sidelady]

Ok, still no contact from them, LBA posted today. So counting down to court. I will file on 27th April.

[sea-sidelady]

Filed at court, it was served yesterday.

So they have till 10th May to reply.

 

Wait with baited breath for their next move.

[barbershop0]

Hi Sea Side,

 

As a seasoned campaigner you already know the result!!

[sea-sidelady]

well lets just hope its a smooth ride. he he. Get this one closed.

[weareskintagain]

Hi Sea-Side Lady

 

Your help and assistance on here is so valuable.

 

I just want to ask - as the Halifax withdrawn any of your overdraft facilities or closed any of your accounts?

 

You may have gathered I really am panicking.

[sea-sidelady]

No, none of my accounts have been affected.

 

I just recently recieved my new cheque book and card and my overdraft is still fine.

[scottiepoll]

Hi Sea-side lady,

 

My LBA deadline is up on Tuesday, do you think I should ring the Halifax, have had no contact from them since prelim "8 week fobbing off letter". I have been looking at the MCOL and not sure about the Particulars of Claim bit. Can you help? Also in your experience what usually happens when the claim is served, what is the Halifax's next move "normally". Any help appreciated. Scottie

[sea-sidelady]

Hiya Scottie,

 

You can try phoning. A lot of people have had their claims settled by doing this. It is worth a try. They might fob you off with the 8 week speel.

 

As for your poc, then yes i will help. Just let me know when.

 

As for their next move, there is no answer, they dont seem to follow any pattern. But more times than not, things carry on as normal.

[scottiepoll]

Hi Sea-sidelady,

 

Got to file tomorow, I am claiming £988.00 plus interest. I have started to fill out my MCOL and got to the Particulars of Claim bit. I am not quite sure what I should be writing.

 

Can you help?

 

Thanks

 

Scottie

[scottiepoll]

I phoned the Halifax by the way and got through a nice lady! She informed me that its not that they don't want to settle it's that they are answering letters in order they are received as they have over 30,000! WHAT A SURPRISE!!!! Apparently they are dealing with letters received on the 11th April at the moment so won't reach mine for another week yet. I said fine I will file in court.

[sea-sidelady]

Hi Scottie.

 

Have a read of this. If you need more help, just ask.

 

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

 

Get in your claim so Howard has to give you the 8% extra.

[scottiepoll]

Thanks Sea-side, Keep you updated. Hows your claim going, I know from reading threads, you have a few!

[sea-sidelady]

i do. I have just filed 2 at court, so just waiting. and new statements through. So im going to be busy.

 

But it does get very addictive on here.

[scottiepoll]

Hi sea-side, is it OK to copy and paste the Particulars of Claim for MCOL and just add money and date bits?

[sea-sidelady]

Yes.

[scottiepoll]

Hie sea-side,

 

sorry to be a pain again!

 

Have just filled out the particulars of claim and thought I'd run them past you before i press the button so to speak

 

Is this OK?

 

1. The Claimant has an account xxxxxxxx with the Defendant, opened 9th May 1991. 2. Since 31/03/01 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 £988.00; (b) Interest per S.69 County Courts Act 1984 of 8% - £300.81 continuing at 8% until judgment or settlement at a daily rate of £0.28; 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.

Do I need to put in the last bit about "alternatively ......."?

There is also something about a "statement of truth" what is this? Do I need it?

Hope you can help

Scottie

[sea-sidelady]

You must add the alternatively part.

 

On the N1 form the statement of truth is where you sign.