mum fights back***WON***

[120805]

Hi everyone,

Just thought that I would let you know that I sent my prelim letter off by recorded delivery on 28th March. They have until the 10th of April to reply. Am claiming back £2306.

Question:

What do I do next if the bank does not respond to my letter?

Any help much appreciated, thankyou

[lisamellor]

if you have sent them the letter before action, and they dont frefund the charges, then it will be time to file in court, you will need 3 x n1 claim forms to do this or you can file online.

click here to download the n1 claim form n1 form

 

of click here to claim online mcol

 

particulars of claim you will need this to fill in your n1 claim form.

 

best of luck

 

lisa

[120805]

Hi can anyone help me please?

The 14 days are up on Tuesday, what do I do then?

Do I then send the LBA? Or should I phone the bank first?

Please can someone help me

[Michael Browne]

Do I then send the LBA?

Yes, you're wasting your time phoning them

[120805]

Ive sent my LBA but 2 days after sending it I got a letter from the bank saying that they have up to 8 weeks to reply? Is this them trying to delay things? Or should I not continue any further until the 8 weeks are up?

Am thinking about just ignoring this letter and continuing with my time plan, giving them 14 days to respond to my LBA.

[120805]

if you have sent them the letter before action, and they dont frefund the charges, then it will be time to file in court, you will need 3 x n1 claim forms to do this or you can file online.

click here to download the n1 claim form n1 form

 

of click here to claim online mcol

 

particulars of claim you will need this to fill in your n1 claim form.

 

best of luck

 

lisa

 

 

I live in Scotland, do I still use the N1 form? Or is it a different one?

Thanks 120805

[sea-sidelady]

Hiya,

Yes ignore the letter and carry on as you are.

 

This has all the info you need.

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

 

If you scroll down near the bottom, there is a load of info about scottish claims and courts.

[120805]

Just thought that I would give an update. My LBA expires this Wednesday the 25th of April and ive had no further contact from the bank, so looks like I could be claiming at court.

Ive decided that on Monday or Tuesday I will phone customer services and try to convince them to settle now to save the bank money. Hopefully it will work.

Unfortunatly am really stressed about having to go to court as I have a 4 year old and a new born and my husband will be at work. And am very reluctant to let anyone babysit my newborn until hes a bit bigger.

Maybe my husband will be allowed the day off to attend court (hopefully). Eitherway I will get my money back somehow.

I hope everyone is having some success with there claims

[sallysas]

Hope you got some sleep!!! Here in England Halifax have yet to go to court to enter a defence as far as I am aware. File your N1, they should then write to you saying they intend to defend and then just as time is running out for them they should write telling you that is is not financially viable for them to defend and 'purely as a gesture of goodwill' (where have we heard that before) they will refund all your money. Well, that's what happened to me anyway. Sally

[natking01l]

Hi, my LBA is up on Thursday, 26th, just thought i would wish you Good Luck,.

[120805]

Hey everyone, bit confused after talking to bank...

 

So i phoned the bank to try and come to settlement as the LBA is up on wednesday, but they said to me that they had 8 weeks to respond, as per the law.. so I phoned the financial ombudsman (0845 080 1800) who also agreed that what the bank had said was correct, as it was a complaint no matter how you tried to dress it up.

 

what should I do now? Should I still file for court on wednsday or have they managed to squeeze another 4 weeks out of this before I can?

 

or does anyone out there have something I could say to the bank to get them to cough up what they are due?

 

I can't find anything official that mentions the 14 day timescale, does anyone have a link to where I can find this?

[Michael Browne]

It's true they have 8 weeks to deal with a complaint before you can escalate it to the FOS, but that has nothing to do with filing a claim.

 

Just file at court on Wednesday.

[120805]

I will phone customer services again and would I be right in saying to them that they may have 8 weeks to deal with a complaint but my timescale has given them 4 weeks so far (prelim & LBA) and that I will be filling for court on Wednesday if the complaint has not been dealt with in a positive manner. And make them aware that I am calling them now to give them a last opportunity to save them on court costs and an 8% interest cost on top of the £2228 that I am claiming back?

Is there anything else that I should say that would make it sound a bit more professional? (just to scare them into paying up and making it sound like I know what am talking about)

[jowalshy]

Just keep your cool and stand your ground. They may tell you that the charges are lawful. Have a read of your prelim letter again and qoute the relevant facts regarding recent consumer regulations and the OFT report.

 

Good luck

[Michael Browne]

I will phone customer services again

You'll be wasting your time. Customer Services will not have the authority to refund your charges.

[120805]

The branch gave me this number 0845 850 1368 and told me that this department (customer relations) dealt with all complaints including bank charges.

[Michael Browne]

Except actual refunds!!!

[sallysas]

Michael really does know what he is talking about. His advice is sound unlike the clowns at Halifax who are fooling you into thinking they know what they are doing. File at court and wait for them to suddenly offer you 50% of YOUR MONEY BACK. This is a delaying tactic and is working on you because you are suffering from lack of sleep etc. Trust the advice you are getting on this forum. You have done everything right so far and as I said in an earlier thread Halifax have yet to turn up in court. If it is difficult for you to get into town to file your N1 perhaps someone else could do it for you.

 

Just keep going, Sally

[120805]

Thanks guys for all your help and support. Your right about the Halifax I am scared of them and yet I dont know why coz its my money.

[sallysas]

So now you are full of Quite Righteous Indignation - too true IT IS YOUR MONEY - we can assume you will proceed to court this week. Court officials are lovely people and you may end up on first name terms if you have loads of people to claim back from. Soon be the summer holidays and some extra money would be useful n'est pas?

[120805]

Trying to organise all my stuff for filing for court and am confused on the following bits from the charges spreadsheet, can anyone help?

 

 

TOTAL CLAIMED AT DATE OF SERVICE

 

JUDICIAL INTEREST AT CURRENT RATE OF 8%

TOTAL CLAIMED AT DATE OF JUDGEMENT OR PAYMENT

 

 

Is the top one the total amount of charges?

 

The 2nd one do I write the interest owed for £2228?

 

And the 3rd one is this both the totals added together?

 

Sorry to sound really stupid but obviously I want it to be right

[barbershop0]

Hi

Once you have filed at court poor old Howard then owes you 8% extra.

 

It is worth filing for the 8%.

 

Regards, you will win.

[120805]

Hey HELP!!

I was looking to file at court today, and I thought I would phone first to make sure I brought everything that I needed... however the court is now telling me that for the amount I am looking to reclaim I have to go through a solicitor and file an initial writ (costing £50), then go down the route of an "ordinary cause", they also say that scottish small claims are capped to £750.

really confused now as to what I should do? really don't want to pay for a solicitor as it would eat right into the money I get back, any other advice other than to just wait the 8 weeks?

also got a letter from the bank saying that my complaint will be dealt with by the 29th of MAY at the latest.

Thanks in advance.

[sallysas]

bump for poor scottish mum. Can anyone north of the border advise?

[sallysas]

This will help!!! Look for thread started by 'wintermere' court small claim summons forms (guides) which will tell you the 3 different courts there are in Scotland. Part with good money to a solicitor when you subscribe to this forum - bah, humbug.