overflow v Halifax

[overflow]

well still no word from them about the original T&Cs so do you thhink I should get them for non-compliance as Im sure Ill need them if it does get to the court stage. Want to get everthing right dont I

Has anyone else had this problem I wonder or did you all get your T&Cs along with the statements.

I presume I should have got mine then along with a copy of anything else I signed when I started the account up.

Perhaps its my own fault for not requesting they send them out sooner but I thought the Prelin Letter included the request for them.

Ive sent the LBA and the deadline for that was up on Thurs last week .

Im hopeing to file this week if ican get money together but as Im not in work yet I might find this hard

Never mind eh. Ill keep you all updated.

 

regards

[overflow]

hi all

ive just sent an e-mail to Kelly Duffy re no response to my letters and informing her of my intention to start court proceedure on Wednesday.

WELL that is I think I have????????

See Im a bit of a dumb-cluck when it comes to comps but I thought "Go on, Ill give it a go".LOL. I normally wait and ask my daughter if Im doing it right.

Ive got the CAG e-mail and so I thought Id use it . Now this is where I think Ive mucked-up.

Will I be able to get a reply on this site if I never sent it via the CAG. Just used my e-mail address see. I feel a proper charlie for even posting this ,but, if you never ask you never learn, and Ive learnt more on this site than Ive learnt for ages anywhere else. Old brain cell gone for a walk I think.

Anyway when youve all finished laughing , have I done the right thing, or have I made the proverbial C**K UP ?

If you can understand what I mean Id really appreciate some advice.

 

Thanx

[overflow]

Still no word from Halifax. No T&Cs nothin and no reply to my e-mail either.

Im tryin to do the N1 form but bit confused. Can i put the POC on the back or do I need another sheet of paper just for those?

Also Im going for the CCI so where it says value do I put this there

Charges £xxxx

CCI £xxxx

Court Fee £xxx

Costs £xx DPA

 

Total £xxxx

 

Also can we claim on here for our costs for our time and staitonary ect?

 

Ive been lookin at a lot of threads tryin to find one that was similar to mine but havent had any luck. If anyone has been in the same position I would welcome their advice on how to put it all down and how to word it.

I was hopin to have it in today was sat up till 3-30 am but my eyes started getting heavy so I called it a day and now I was informed this morning that the section of the court where I was to file claim is only open till 4-o'clock today and closed then till Wed so I dont want to rush doing it just to get it in today. Knowing me Id make a mistake and cant have that can we.

Want to get it all 100% on the button.

Hope someone can guide me on the right path .

Thanks in anticipation.

[ja-de]

The way that I read it is print a separate sheet of paper for your PoC, & then attach it to your N1.

[moneyhelp]

I added my POC claim to my N1, I think it is fine whichever way you do it, as long as it's done.

[overflow]

Thanks you guys . still not sure about how to put the details for the interest and all that though .

Anybody with a bit of advice would be greatfully recieved:confused:

Regards

[overflow]

Hi ,

ive just read "DADS" post and am now a wee bit worried as to whether or not Im doing the right thing about claiming CI myself. This was the bit that is worrying me;

 

"Having been heard in the High Court this now sets a precedent for other courts to follow"

 

Am I just being thick or does this mean we have to refer to this"custom and usage" thingy, whatever this is . Does anyone else have any worries over this or can someone put my mind at rest and explain what this would mean to anyone claiming CI.

Would it make a difference if the chargess part of the claim were settled , just leaving the CI to take to court.

 

Im putting my claim in the Court on Wed and if its going to be a major prob then I might think again about going for the CI rate.

Im already at a loss as to how to set out the charges on the N1 form;e.g.

if the CI should be mentioned or do you just set out the charges and the o/d interest and when can you put down to claim our own costs back, time, postage that sort of thing does that go on the form or do you put that on the POC?

Sorry questions, questions but if I dont ask Im not going to know am I:-?

[overflow]

if anyone is interested they can find the case referred to on this thread.

 

http://brownwelsh.com/Archive/English_Consultation_Paper_167.pdf

 

perhaps someone with a more astute mind than myself will be able to make sense of it and find out if we do need to worry about this LOST case

[ja-de]

Thank You for yours:D

[sea-sidelady]

I would strongly advise you to amend your claim, and claim the 8% interest.

[ja-de]

Overflow, please do what ssl advises, & include the 8%.

[overflow]

Hi just wanted to update .

Well Ive been and gone and done it, Ive stopped twittering around and have today submited my claim against Halifax. Also Ive gone for the CCI.:o

I have been thinking long and hard about doing this but then i thought to myself "What are they going to do, only reject or accept it", so ive gone for it but I submitted 3 spreadsheets altogether.

 

1) for CCI at 28.9% 2) for Interest @18.9% 3) for 8% in the alternative.

 

Im happy to leave it up to the judge should it go that far.

 

SSL thank you for your advice but I felt that I had to try , you know " In for a penny" as they say. I would be sitting here beating myself up if I hasn't have tryed.

 

I just hope you dont think I have completely ignored your advice, believe me I find all the advice given on this site invaluable, and I thoroughly appreciate it. I seem to remember you telling me at one time to go for it but Ill hold my hand up as I have been a bit dithery on the subject so I guess Ive come across as not knowing enough about it .I think if the need be then I could hold my own in court. Ive been reading all i can on the CCI part and gleaning bits off other members threads here and there.

You know its funny but, if somebody had said to me last year that I would be sueing the bank , Hey, I would have laughed in their face. Yet today I feel I have grown an inch taller. Its amazing what an ego boost it is to be able to know your standing up for yourself . Ive always been a " Yes" person if im honest so , yea , im feelin good.

Feel as though Im one of the gang now not just standing on the outskirts.,Now I know how everyone on this site feels when they take it to Court. I came out of there and gave myself a mental pat on the back.

 

Sorry for going on a bit , God knows how Ill feel when I get my money back, propably do cartwheels outside the bank, well ok then star jumps.Cartwheels at my age.I THINK NOT:lol:

[sea-sidelady]

The claims for CCI have been changing recently, as you will of noticed. There have been a number of claims that have lost the CCI.

 

But as long as you read as much as you can on the matter and know what you are doing, you should be fine.

 

I dont recommend people claiming CCI, but i hope it works out for you.

 

I will be watching your thread. Good Luck

[moneyhelp]

Well I think whatever you had decided we would have all been behind you.

 

I think this must have been a very hard decision for you, but as you say you might regret it later had you not gone down this route.

 

I personally did not feel confident enough to go the whole way. But in saying that, I wish you well and GO get em!!!

 

Good luck and I will watch with interest and offer support when and if I can

[overflow]

thanks for the welcome support SSL and moneyhelp.

Much appreciated. Dont know what the time scale is for my local court ,playing the waiting game and will keep you all "posted":)

[overflow]

hi all

Today I got a letter from Halifax to say the charges are correct and my request for refund is denied. (Suprise, suprise)

 

Why you have been charged, (Could it be because you kept taking any spare money I had)

 

How we can help ( Read this as, help ourselves to your money)

 

The Outcome, (Sorry we need more of your money in our pockets)

 

Then they give me the address of the Financial Ombudsman Service , plus three leaflets about managing my money better , understanding my charges and the Special conditions .

 

So just the standard Bog off letter eh. It was dated yesterday so I know they wouldnt have had my papers from the court when they sent it out.

Am I right in thinking that they normally take a couple of days to be sent from the court or does it depend on the courts case load as to when they get round to sending it. Also it is 14 days they have then isnt it? From when I get mine back from the courts.

I hope Ill get mine on Monday so I can start counting down from then.lol.

I never recieved my original T&Cs from them though even after Ive written for them again , will I need them if this goes to court. Should I get on to them again about them or what.

Any suggestions would be appreciated thanks.

 

regards:)

[dolphin939]

yes its the standard bog off letter x

[ja-de]

I got the same one, funny isn't it, they keep going on about the T&C's from when we signed up with haliprat's bank (building society when I joined), but whenever anyone asks for a copy, they either ignore us, or say we have them already. I have banked with them for nearly 15 years now, & I can honestly say that I no longer have mine.

[overflow]

hi ja-de hows things ?

any news yet, or am i being premature. I was hoping to have my papers this morning but nothing yet. Early days I suppose eh.

I suppose it depends on the work load at the courts as well.Dont know how long my local court is taking to serve papers.

Good luck anyhooo

regards:)

[ja-de]

Hi overflow, no, postie has been, but not with my letter from the court. awell, maybe tomorrow. lol

Very best of luck to you too. You never know, we might have the same date.

ja-de xx

[sea-sidelady]

Overflow, you can ring you local court and ask them roughly how long the backlog is.

That way you will get an idea of when things will get moving.

[overflow]

hi Ja-de and SSL,

 

How dozy am I , never even thought to ring them DOH! Thanks SSL , dont know where my brain is these days, old age creepin, no scrub that , GALLOPIN up LOL.

 

At least we will be able to compare notes eh Ja-de. No sign of mine yet either. Ill ring them in a bit and see whats happenin:)

[ja-de]

Hi Overflow, how you doing, I got my papers back this morning, but for the wrong reason, I didn't put miss or mrs, & I didn't put which court I wanted. lol

I think my brains are in my backside just lately, 'cos I don't know whether I'm on my head or my a***e. Now I'm stuck again. I'm really really fed up now.

I hope your doing a lot better than me.

[overflow]

Hi Ja-De

Nope , cant say that I am .

Still no news on the horizon but as the saying goes " No news is good news"

I am supposed to ring court today to see what the score is so ill pop off and do it now . Might have more news then eh.

[ja-de]

Any news yet overflow