Nearly there - I think?!?!

[lbatchelor]

Hi all, was wondering if anyone knew what my next move should be -

 

we are claiming back £8631 charges from the Halifax, but we are in Scotland so it exceeds that amount to claim it through the small claim court, so we are going to have to go to the Ombudsman to ask them to fight it for us. The bank have had their full 8 weeks and today have offered us £4700.

 

What I wanted to know please, is if anyone knows what my next move should be when refusing this offer? As I am a bit confused about what to do next, can I still complain to the Ombudsman if they have made me an offer which i consider is not enough?

 

THanks Lynn

[Aaronsdad]

Here's a link to the library

 

Rejecting offers

 

You could accept the offer as part payment. I don't think they will actually give you it unless it's for a final settlement. If they did, that only leaves four grand to claim.

Don't be fooled into thinking you have to use the Scottish courts just because we live in Scotland. I've been through the English court system twice and two friends once each. All you need is an English postal address and there are various threads on here telling you more.

You will need to do some homework but would it be possible to split your claim into two that are under £5k and then proceed on MCOL? I don't know I'm only trying to give you ideas!

Only you can decide your next move. go to the library and read read read!

 

Library

 

Best of luck, I'll be watching with interest.

 

A D

[lbatchelor]

Hi A D

 

Thanks for all your suggestions I will go to the library and have a look there, I had been led to believe that because it was such a big claim the obudsman would be the best way to proceed with it. I could split it down into 3 year sections and claim it back that way, that would bring it under £5k - what is MCOL? Sorry am very new to all this.

 

Thanks for the quick reply Lynn

[c_allen]

don't split your claim if it's only for one account, the banks have caught onto this and they'll try to get get your second claim kicked out for abuse of proccess. theres nothing wrong with keeping it all together, if it goes fasttrack they'll have to do standard disclosure, and we all know how they feel about that.

i like the idea of using an english postal address, do you have friends in england? if not, could you use a PO Box?????? i know the banks do

[Aaronsdad]

No probs we were all virgins once! Read my first couple of posts I was shaking when typing!!!!!

 

MCOL = Money claim on line.

Something the English have over us! (That's only 1 - 0!) Scottish law is a bit antiquated.

Using MCOL you can sue someone etc for up to £5k. It's a piece of p.. You fill out a form on line and sit back and wait for the decision.

Here's a link to it

 

MCOL

 

You can go into the website, register yourself (properly) then go about suing me for a million pounds for not spelling corectly correctly!

Nothing happens until you get to the payment page. Obviously if your suing me you cancel it and nothing happens. I know we shouldn't (it's an official website!)but you can have a good play with it so that you are comfortable on the day that you actually sue them. You can do a bit at a time and come back to it.

 

If you used the spreadsheets from this site you should be able to determine how many charges take you to the £5k threshold off the top of my head I think you will need one max claim then another to mop up the rest.

 

Regardless of what you choose to accept or ignore please please please take the time to read read and then read again all the advice in the library and on the announcements at the top and of course all the threads. It's not difficult, can't be I did it!

 

Best of luck

 

A D

[lbatchelor]

Thanks guys for all your help I really appreciate it!

 

I have an address in England that i can use, my Mother-in-law lives in Carlisle.

 

I am now off to read as much as I can before calling the bank back tomorrow to refuse the offer.

 

Will keep you posted

 

THanks again Lynn

[lbatchelor]

Hi all

 

Just to let you know that I won!!!!! I still can't believe it :)

 

I phoned the bank back to tell them that i wasn't accepting the offer and that i would go to the FOS and they said that they would let me have the whole amount and I received the letter this morning confirming it!

 

Should be in my account in 2 weeks, onwards and upwards with the next 3 accounts that i have

 

Thanks to you all for all your help and advice - I will donating to the site as soon as my money comes through

 

Thanks again

[sea-sidelady]

CONGRATULATIONS.....!!!!

 

Let us know when the money turns up..... :D

 

So which other 3 are you going for??

[lbatchelor]

HI i have 3 other accounts with the Halifax, which were closed down last year as they were overdrawn - with charges !?!?!

 

They are not as much as this one but are still worth claiming, now that i've got the bug!

 

But wouldn't have been able to do it without all the info and help/support on this site, it really is a godsend, so will be def donating as soon as the halifax pay out

 

thanks again lynn