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Please Help I'm Losing My Nerve & My Marbles


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Hi everyone, I think I'm in need of some encouragement. I have sent my LBA and received a letter from Halifax saying they are entitled to have 8 weeks to reply. I was going to give them the 8 weeks but after letters saying they are withdrawing my overdraft facility (overdrawn because of their charges), requesting I return all cards and unused cheques, threatening to pass my account to a debt collection agency etc, yesterday I received a default notice. I'm getting scared now. My two week deadline for a response to my LBA expired on 09.04.07. Should I just go ahead and issue proceedings? Can I do an MCOL if I need default notices removing? :-|

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A lot more banks seem to be using the 8 weeks argument but I am not sure were they get it from-my experience is that they have 14 days to reply to the LBA, and if they do not them you can go to MCOL and start your claim.

 

Others on the site are better placed than me to reply to other points but whatever happens good luck.

PPMAN159

 

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I have claims against both Nat West and Nationwide and they both have entered a defence and have until the end of April to respond.

 

So I am not panicing yet but my finger nails will take a bashing over the next 2 weeks!!

PPMAN159

 

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The 8 week rule is new to me! I've also received a similar letter in response to the preliminary letter - not sure whether to give them the 8 weeks or go ahead with the LBA?

laura

 

DPA sent to Halifax 7th March

Request for Repayment sent 5th April £407

Offer of £238 received 21st April

Acceptance of offer but not as FFS & LBA sent 21st April

Papers taken to Sheriff Court 15th May - hearing set for 11th August

SETTLED 9TH JUNE £407 + £39 EXPENSES :)

 

Request for Repayment of charges sent to GE money (Monsoon) sent 28th April

LBA sent 12th May

Called GE Money who denied receiving any correspondence, cheque should be sent out in the next 7 days...

Cheque received 7th June

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Stick to the timeframe of giving them 14 days and then go to MCOL.

 

The 8 weeks is just another sneeky delaying tactic that the banks are now using but where they have got it from is a mystery.

PPMAN159

 

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I think I would go ahead with the LBA. I think they will take it more seriously. I should have stuck to my deadlines but in an effort to be nice I thought I would give them the 8 weeks. I will definitely issue proceedings today once I know whether I can do an MCOL or I have to do the paper version because of the default notice. Does anyone have a template particulars of claim for the MCOL when there is a default notice to be removed?

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