Scottiepoll -v- Halifax ***WON***

[scottiepoll]

Thought it about time I started my own thread, I have been getting advice from this site for the past four weeks.

 

I am filing court proceedings tomorrow and a bit nervous about it. Got lots of sound advice from Sea-sidelady and feel quite confident about pressing the submit button now - thanks sea-side.

 

Will keep you all updated on how I get on.

 

Scottie

[sea-sidelady]

Just subscribing to your thread...

[scottiepoll]

Just looked at my MCOL and thought of something.

 

On the claimant details I have put my name (forename and surname) but the account for which I am claiming is in mine and my husband's name (joint) should the claim be in joint names?

 

Can anyone help, I am filing tomorrow, and don't want to get it wrong.

 

Thanks

[sea-sidelady]

As long as you have full accses to the account and can sign for it, then its fine.

[scottiepoll]

Well I took the plunge and filed court proceedings against Halifax today.

 

Just got to wait now, hope to god I have done my claim OK!

 

Found it quite satisfying pressing the SUBMIT button. Sit and wait for the pounds to roll in now Hopefully!!!!

[mackem67]

Hi scottiepoll, I filed my N1 at court yesterday...........so we are on the same time frame almost!!

Good Luck

[scottiepoll]

Hi Mack,

 

Keep me posted on any developments and I will do the same.

 

Good luck

[scottiepoll]

Had a letter this morn from Halifax, saying they have 4 weeks to respond. AGAIN. Wait til they get served on Monday!

[scottiepoll]

Can anyone help. I am also thinking of claiming against other bank charge offenders ie; credit cards I have had in the past but are now closed, I don't have the numbers for these. Is there anyway I can find out?

 

Thanks

[scottiepoll]

Hi, got my issue acknowledgement from MCOL last week saying my claim would be deemed served on the 8th May - keeping looking at the status on MCOl has nothing has changed, still says "issued 2/5/07" is this right or should the status have changed by now?

 

Any help greatly appreciated

[scottiepoll]

Can anyone help, How do I go about finding account numbers for old, closed credit cards I have had in the past?

[sea-sidelady]

You have to give as much details as you can to prove who you are, like bills, driving license, as much id as possible, proof of address, and roughly when you had the account, and they should be able to find it for you.

[scottiepoll]

Hi everyone,

 

14 days is up for Halifax Visa tomorrow. - Is the procedure any different to that of Halifax Current account ie: template letters? And when filling out MCOL, should I put trinity rd address or the dunfermline address (which is where correspondence has come from and previous letters have been sent)?

[scottiepoll]

Thanks sea-side

[mackem67]

Hi again scottipoll, just an update for you........My claim was acknowledged on Friday with the intention to defend the whole claim........just waiting to see how long it takes them to back down and give me my money

[scottiepoll]

Hi Mack,

 

They must be dealing with claims in date order!! I was a day behind you and Halifax have acknowledged my claim today. Did you get a letter from the court confirming the acknowledgment? They seem to be going to the wire when paying out claims. Is the 28 days from the date issued or served?

[scottiepoll]

Hello everyone, Well I WON!!!!!

 

Wen away for the weekend and got back to 2 letters from the Halifax, one saying PEE off, complaint denied. The other saying that not viable for them to defend and would refund charges and the court cost of £80. They have not refunded the interest £300.81.

 

What should I do, they have already put the money (except interest) into my account.

 

Can anyone advise please.

 

Thanks

[sea-sidelady]

You need to send one of these letters.

 

Letter 5 or 6.

 

just amend it to your claim.

[scottiepoll]

Sorry sea-side, feel really thick!!

 

Can't find the letters you refer to. Only the Particulars of claim and spreadsheet. I have already sent these. Should I send them a partial offer letter saying I want the interest - do you think I will get this?

 

Or is there another letter I should send - or should I ring them?

[jowalshy]

I think that these are the letters that sea side was refering to:-

 

Letter 5:-

 

YOUR Street

Town

City

Postcode

 

 

 

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx. I respectfully decline your offer of Full and Final settlement and have included the cheque you supplied in respect of that offer.

 

You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on XX/XX/XX and I would ask that you now refer this matter to your legal department for further instruction.

 

(If the bank have credited your account, please use this note...)

I wish to stress that I do not accept your offer as Full and Final settlement and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly. Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (£xxxx) without further conditions and I will inform the court that the claim is settled.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

[signature]

 

 

[print name]

 

 

Letter 6:-

YOUR Street

Town

City

Postcode

 

 

 

 

 

Date

 

SOLICITOR'S NAME

Address

Address

Postcode

 

Re: County Court Claim Number XXXXXXXX

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx. I respectfully decline your offer of £xxxx.xx as settlement of my claim [and have included the cheque you supplied in respect of that offer.]

 

My claim is for £XXXX.XX as outlined in my Particulars of Claim, plus court costs of £XXX.XX, and this claim will continue until payment is made in full.

 

(If your account has been credited, please use this...)

I wish to stress that I do not accept your offer as Full and Final settlement and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly unless you are willing to make the payment a part-settlement.

 

Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (£xxxx) without further conditions and I will inform the court that the claim is settled.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

[signature]

 

 

[print name]

[scottiepoll]

Thanks for the advice Jowalshy

 

Has anyone had any responses to the above letters, whats the usual outcome. If they remove the money from my account, are they likely to go to court or do they usually simply pay the interest in after receiving the letters above.. Not sure I want to take the risk of losing the settlement already offered. Can anyone help please

[sea-sidelady]

Yes those are the letters. Forgot to add the link....whoops!! Sorry.

 

They do seem to be doing this to quite a few people at the minute.

 

Some others who are sending the letters are..

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/80105-mackem67-halifax-4.html

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/63645-chopski-halifax-4.html

 

Just so you can see how they are getting on.

[scottiepoll]

Thanks sea-side

 

Mack and Chopski's threads seem very similar to mine.

 

I have drafted a letter to Halifax could you let me know if you think its OK to send.

 

Response to settlement offer.

 

Dear Mr Dean

 

Thank you for your letter dated 25/05/07. I respectfully accept your offer of £XXXXXX as partial settlement of my claim.

 

My claim is for £XXXXXX as outlined in my Particulars of Claim, plus court costs of £80.00, and this claim will continue until payment is made in full.

 

I wish to stress that I do not accept your offer as settlement and the money transferred to my account should not be viewed as my acceptance.

 

Should you wish to settle my claim in full, then please forward the balance of the claim (£XXX) without further conditions and I will inform the court that the claim is settled.

 

I trust this clarifies my position.

or

Dear Mr Dean

 

Thank you for your letter dated 25/05/2007. I respectfully decline your offer of £XXXXXXX.

 

I commenced legal action against you for the full amount £XXX plus interest of £XXX and costs on 01/05/07 (served 08/05/07).

I wish to stress that I do not accept your offer as Full and Final settlement and as partial settlement only, and the money transferred to my account should not be viewed as my acceptance.

Should you wish to settle my claim in full, then please forward the balance of the claim (£XXX) without further conditions and I will inform the court that the claim is settled.

I trust this clarifies my position.

Not sure which one to use, any help greatfully received.

Thanks

[sea-sidelady]

The second one. As you have included the court dates.

[scottiepoll]

OK Great, thanks sea-side.