Halifax want to defend my claim

[pigbag]

After no response to my second letter to Halifax, I have started court proceedings. I've just had the court paper's back and they have ticked the box 'I intend to defend all of this claim'. Does this mean that I will now have to wait for the full 30 days before they will cough up? What is the normal process of events with Halifax. My claimn is now running at £3600 including court costs.

[jowalshy]

I think that all the banks tick the defend box. You will now have to wait 28 days from the date of issue for them to submit their defence. If you filed with MCOL, the claim will then be transfered to your local court, how long that takes I don't know.

[pigbag]

Thanks. I did use MCOL. I've just seen some other threads about Halifax, and it apears to be standard to waste time. Talk about looking after your customers! I think Halifax's advert of 'Who gives you extra', should be changed to "Who takes out extra!"

[jowalshy]

Have you sent two copies of your schedule of charges to MCOL yet? Also have you sent a schedule to Halifax's solicitors yet?

[corsicanpine]

Hi,

 

My MCOL to halifax was issued on 16th April and acknowledged on 21st, they have 28days to defend themselves or pay up!

 

I was a bit freaked out when they ticked the 'intend to defend' box!

 

After reading more threads on this wonderful site I am more confident aboyut the possibility of going to court to get what is mine back!

 

Stick with it,

[pigbag]

What are the schulde of charges? All I have had is an acknowledgement of Service from the court.

[scottiepoll]

Hi, Pigbag

 

I have served Halifax court proceedings as well on the 1st May, Got a letter this morn from Northampton CC saying it will be deemed served on the 7th May and they they have 14 days to enter a defence. I sent 2 copies of my schedule of charges to Northampton to attach to my MCOL.

 

Not sure about the Halifax's solicitors though. Do I have to send a copy to them as well and if so what is their address?

 

Scottie

[corsicanpine]

Hi pigbag,

 

You should send 2 copies of the schedule of charges, the spreadsheet you sent to the halifax with your prelim letter, to the Court at Northampton and one copy to the legal person whos details you will find on page 2 of the Notice of Acknowledgement. There is a post on here somewhere which provides a template letter for both.

 

Good luck

[scottiepoll]

Hi Corsican, will this come after my claim has been served?

[corsicanpine]

If they choose to acknowledge, which gives them 28 days from date of issue, then you will receive in the post a Notice of Acknowledgement which will state the contact details.

 

You should however, receive a Notice of Issue first from the court.

[scottiepoll]

Got a notice of issue this morning, saying my claim would be deemed served of the 7th May.

[corsicanpine]

Hi all,

Managed to locate the thread with the template letters for sending the schedules, sorry not sure how to provide a link to it but its titled 'getting MCOL right' by Michael Browne

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2.

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

Regards

 

CP

[pigbag]

Ok thanks. It doesn't mention any of this on the form I was sent.

[corsicanpine]

Not sure if this will work,

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html

[corsicanpine]

Learn something new every day!!

[corsicanpine]

Pigbag,

 

The form you have at the moment is the Notice of Issue, you should get the other form as soon as halifax acknowledge. Probably a few more days?