MollieUK v Halifax

[sea-sidelady]

You should send them another Poc and spread sheet.

It is better to show you have done everything asked.

 

If they are saying they havnt recieved them, then send again.

[MollieUK]

POC?? Sorry

 

I sent my original by recorded and it was received for and signed for but I will do as you advise and resend again by recorded.

 

Thanks for your help, I need to do this all quickly as I started chemo today and at the moment just under the weather but no doubt will get worse!

 

:)

[sea-sidelady]

Sorry to hear that Molly,

You could of done with out all this!!

 

If it is resent then they cant argue they didnt recieve it.

Keep me updated with your progress.

[Dusary]

SSL is definitely on your case!

 

We'll just be by-standers and root for you.

 

Good luck with the chemo - hope you are one of the lucky ones who doesn't have any nasty side-effects.

[moneyhelp]

Good luck with your Chemo Mollie - and go get them banks hu

[MollieUK]

Hi

 

I was organising my statements last night and have noticed something odd. The statements are mine but the sort code has 00 at the beginning which mine hasn't? Do you think this is why they are claiming that they can't find the charges. I am really confused as the 190 pages of statements have all got this sort code on, right up to the present year??

 

I have never had another account, nor change branches, banks etc

 

 

p.s. thanks for the kind words about the chemo. Feeling a bit strange since the first 'shot' but just out of sorts nothing specific or drastic just yet x

[moneyhelp]

Give them a call and ask them to explain.

[Dusary]

It may be a new system they are operating! But ask anyway!

 

I thought ALL sort codes were 6 figures.

[MollieUK]

Hi all

 

I was right in my thinking about the Halifax using the 6 year rule. I have just spoken to the guy and they are only counting back from the claim date in June 2007 which takes it back to 2001. The bulk of charges occurred between March 2000 and February 2001, can they do this and have I lost out?

 

Should I now accept or go ahead with the claim or will the courts go with the Halifax, it is over £600 in charges for that year alone.

 

Any help appreciated.

 

 

p.s. they only use the last four digits of the sort code btw.

[moneyhelp]

It's up to you, but have a read of this http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html?highlight=further+than+6+years

[MollieUK]

Thanks for the reply Moneyhelp but I have read the first 15 pages of the link you gave and am now totally confused with legal jargon and this and that and everyone's questions and didn't read through the rest.

 

I was sent my bank statements that date back from March 2000, the bank is stating 'it doesn't have that information' and they are working out the figures for the last six years as requested by me.

 

I want to take this further as they are trying to con me and even if I lose I want to get them worried as they will have to attend court.

 

Could someone please tell me in plain english, no jargon, no acrynyms my next move. I have the questionnaire from the court to fill in and from what I have read (possibly understood?) I can add in previous years and have the s32(?) squashed???

 

I haven't a b***dy clue what I have just said but does it sound right??

 

I know I sound a numpty and I am sure you are all sick of saying the same old thing over and over again but help please!

[sea-sidelady]

These will help you fill in the AQ..

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

You should make yourself a copy for your records

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n149_1105.pdf

 

Some F&Qs

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html?garpg=15

[MollieUK]

Hi SSL

 

I have read through the 'completing the questionnaire', did that earlier on and it seems to cover the basic 'filling in', a straightforward one.

 

This seems to apply to me:

 

Q. Can I claim back for more than 6 years?

 

A. Maybe. There is a separate thread on this in this forum. The statue of limitations states that you can only go back 6 years. However, it also states that if you have had the truth held from you resulting in your not making a claim earlier, that you can claim from the date that you became aware. If you are unsure, you should only claim for 6 years.

This is where I am getting confused. I read the first 15 pages of the link given regarding going back more than 6 years but got even more confused. Now using the wording above i.e. "...... if you have had etc...... you can claim from the date that you became aware ......."

I only became aware of this from my first LBA letter which would be in May 2007, they have calculated the last six years from June 2007. I know it says in the FAQs that you are sick of answering the same thing over and over again but some of us just don't understand the system, so as it looks like I am not able to deal with this I will just take the money and let them have the other £800+ and as they say, they will literally be laughing all the way to the bank!

Thanks anyway.

[Dusary]

That, of course, is your decision.

 

Just clear up one niggling question I have, please:

 

Have you got your statements / list of charges going back to when you opened the account?

 

If you haven't, then they have not complied to your S.A.R - (Subject Access Request).

 

You can have them on that, alone!

 

Depending on the answer to that question ..... before saying anything else.

 

(Re: The 6-year rule: The boundaries seem to be shifting further and further back. If you read the most recent postings on that link - you'll see what I mean!)

[MollieUK]

Hi

 

I was getting a bit techy last night and very tired, blame the chemo. However, I requested my statements over the phone and if I remember rightly only requested the last six years, I actually got from March 2000 to April 2007.

 

I sent a letter on 4 April which asked for a repayment of all charges over the last 6 years. I then sent a 2nd letter on 3 May (template) and have had the usual responses. I then put in my court claim.

 

Have I made a complete b***s of this?

[Dusary]

Don't think so, at all!

 

All you need do now, is start a NEW claim for the pre-March 2000 charges.

 

You'll need your statemets for that period. (So it'll mean another SAR with the pre-March 2000 date and the start date.)

 

Do you know when you opened the account(s)?

 

If you didn't (and I didn't) - just pop into your local branch and ask them. They told me OK.

[MollieUK]

Thanks Dursay, I have never felt so flippin tired in my entire life! I am trying to keep working and it is my sixth day after first treatment and boy is it kicking in, still life in the old dog yet!!

 

Hopefully last couple of questions. Do I accept this offer and have it closed and begin new claim? Or do I start new claim before accepting this one, or (last question) do I put the two together? I think I remember reading somewhere on here that you have to agree full and final etc and your not allowed to claim again. I just want to make sure I am doing the right thing and I can stop bothering people!

 

I have until the 6th August to return my allocation quesionnaire and the solicitor's for the Halifax have sent me their copy today which simply states they intend to defind etc.

 

[Dusary]

As far as I can see it - each claim is dealt with separately.

 

If one claim was for, say, 2005 - 2007 - then you can start a new one for 1999 - 2004.

 

Guess it doesn't matter about the time-scales as to when you start another claim - if one is still in the process. We all know how long they take to deal with things!

 

Stick in there with the treatment.

 

I'm away for 5 weeks come Tuesday - but may be able to pop in here occasionally!