Wifey100 v Halifax PLEASE HELP

[wifey100]

Hi

 

I sent the Halifax a letter on 12th April (template found on Watchdog site) stating my claim. I have heard nothing. i contacted Halifax yesterday who told me my claim was being looked at and would probably be declined and I would hear by week commencing 28 the May. What is the next stage - I am not prepared to wait until then as I have already waited until 12th April. I have read on this forum that Halifax have got tough - do they actually pay out and what do I do now????? PLEASE HELP

[Guest ChloeJane]

Hi Wifey,

 

Ok, not sure where you are up to and as you have not been with us here it appears, often many sites and advice areas are different.

 

So to basics -

 

1) I assume you have your statements - have calculated all your fees charged etc and they are listed in order of date, amount and type.

 

If not - that is the first bit to be sure of!

 

The steps on this site and format is they conform to what is called the Civil Procedure Rules to make a civil claim, so it is important not to skip a step.

 

Once you have done the first bit and calculated your charges, you would have sent a polite letter asking for the monies back. Like the link below.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

Then with no response, you would proceed to the step of warning them of court action - like the link below.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

IF - and ONLY if you have completed these stages, are you then able to file in the court system having complied with the CIVIL procedure rules and protocols that take you to now seek Law to gain your justice for the fees returned to you.

 

Post back and let us know - if you missed a step it is ok, but if you have completed all the above, then you can now file however make sure you check the links and ensure the wording is similar, as the other side you are claiming from has to be clear of your intent to proceed and what you are asking for at all stages.

 

CJ

[wifey100]

Hi CJ

 

Thanks for the reply. My first letter was asking for the statements which I got. The second letter sent them a schedule of the charges and also telling them that I believed their charges were disproportionately high. It went on stating about penalty charges etc and that their costs did not reflect any actual loss. It also said that if I did not receive a full refund of £4,403 within 14 days I would commence my claim in the courts without further notice. That was sent to them April 12th. I telephoned them April 20th and they confirmed they had this letter. Is this good enough

[Guest ChloeJane]

Wifey so far so good!!

 

You have done it right up till now which is great!

 

The next step is you have to send them a letter stating that are going to commence court proceedings if they do not return the fees.

 

The letter for this is the third link I sent - its called the letter before action.

 

It forms part of the rules that you must as you have done, ask for the money back and then warn them of court action.

 

So send of the third link - Letter before action and then come back and post about court options and filing.

 

My suggestion - BIGGEST of all would be to register in the Halifax forum to see through the rest of your claim - it will give you confidence and have you supported by others claiming against them too. The link is here

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/

 

Start a new thread at the bottom of the page - copy and paste your information in so far and everyone can support you through the rest of the process.

 

CJ

[wifey100]

Hi I have been asked to by CJ to register here. I am about to send the Halifax a letter telling them I am starting court proceedings. This is all very scary - I just hope it worlks. I first started my complaint back in March. Fingers crossed as £4,403 would come in very handy!!! What are the chances of them paying up before court

[sea-sidelady]

Im afraid the chances are not great, but there is always a small chance, but think of the interest.

 

If you do have to file, there are loads of people behind you to help.

[danniabond]

hi wifey100 i started writing to the halifax back in march. i sent all the letters and stuck to my timetable. i issued a court summons on the 24th april. it was acknowledge on the 1st may. they have until the 30 may to pay up. i am feeling positive and no matter what stalling tactics they throw at me i am in for the long haul. i encourage you to do the same. it seems to pay off.

[wifey100]

Thanks Danniabond

The encouragement is gr8. I hope we all get the right answer. Its gr8 knowing other people are in the same boat

[Guest ChloeJane]

Hi Wifey!

 

Just wanted to say I am glad you found it to the right place!

 

Seems daunting, but a strong coffee - ok, well a drink - and be on your way!

 

Will watch out for you as will many others -

 

CJ

[corsicanpine]

Go for it wifey,

 

I got my full claim paid into my bank account today, £1,600+. I filed with MCOL 18 days ago. Was expecting the long haul as they have not responded to any of my correspondence.

 

hang on in there, I couldn't have done it without this site!!

 

YOU WILL WIN!!!!!!! :D

[wifey100]

Hi

 

Can anyone tell me how much it is to lodge with the court. I have submitted the letters required and have heard nothing not even a decline. So its time to take the bull by the horns but cash flow is a problem and just wondered what the cost is

[PPMAN159]

It all depends on the value of your claim

[sea-sidelady]

Here is a list of all the fees. So you can see how much yours will be.

 

County Court Fees

[wifey100]

Hi Danniabond

How are you getting on your message said Halifax had until 30th May to pay up - did they??? Only concerned because I am at the claim stage very very worried and confused on MCOL or N1 which option id you take???

[wifey100]

Hi

 

I received a letter from Halifax on Friday telling me they have looked into my account and feel the charges are correct and therefore my claim for reimbursement has been rejected. Please help is this standard procedure =- what do I do next?

[bally35]

Right you can now take them to court or to The Finacial Ombudsman service

[sea-sidelady]

This sounds like the standard letter.

What stage are you up to?

[wifey100]

Have issued all the letters required and now it seems I have to submit court papers. Have downloaded some info on it but it all looks very complicated

[sea-sidelady]

How are you filing, mcol or N1?

 

Have a read of this..

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

[wifey100]

Thanks Sea-Side Lady. I see from yours that you have won many against Halifax which way did you proceed and which way to you recommend

[sea-sidelady]

I have always used the N1, as it was easier. The court do it all for you.

You just take 3 copies of everything, they check it over and send everything where it needs to go.

 

I have just filed another this week and used mcol, just to see the difference. But i think i prefer N1.

 

Which ever way you decide, let me know and i can help you make sure you have everything you need.

[wifey100]

Please help I am completing my form. having read on this fantastic website other threads I see I can claim interest how is that worked out and from when. Halifax have had every opportunity to pay me what I asked and they haven't so now I am going to claim for interest as well.

 

Also how do you type on the N1. Sorry not that bright with computers

[Trish76]

If you're at the stage of filing your claim through the courts then YES you can now claim 8% interest on the charges under Section 69 of the County Courts Act. If you enter all your charge details into one of the spreadsheets in the Templates Library this will calculate the interest for you.

 

With regards to completing you N1 this link will help:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

[wifey100]

Thanks Trish76 - sorry can you give me a link to the templates library. Many thanks

[Trish76]

This is the Templates Library:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

This is for the spreadsheets:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html