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pre 6 year claim @ Court Stage


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ja-de

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

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Keep EVERYTHING, emails, letters, records of telephone calls, everything to do with your claim - I have a folder for each claim and I add postage costs, phone costs on a piece of paper in each folder. It gets a tad confusing when you have a few claims on the go.

 

You only need all this if/when it goes to court, but knowing Halifax they will back down and pay up before then ;)

 

You have plenty of support here so don't worry yourself yet about courts.

 

________________________

.

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It is very worthwhile - I think -

 

IMHO

 

or MVHO !!!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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It looks like you have done plenty of research on your poc, it looks fine.

 

As for sending any letters with your N1, you dont need to, but do keep them safe as you will need them if it does reach the court.

 

There are plenty of threads concerning pre 6 years, it is advisable to check through them and read as much as you can, so you can be prepared for all aspects.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Thanks SeaSideLady,

 

I will submit in person first thing Monday morning at my local County Court. Lets hope Halifax back down and cough up!!

 

Wish me luck!

littlejam
vs
Halifax

16/04/2007
Decide to claim. S.A.R not required as all my bank statements kept on file at home. Decide to claim for all unlawful charges since August 1997. Totals £3095.

17/04/2007
Parachute account opened with Barclays
18/04/2007
PRELIM letter sent by recorded delivery.

19/04/2007
Royal Mail confirms delivery
24/04/2007
Halifax replies with standard letter (dated 21/04/07) saying they have 8 weeks to reply.

25/04/2007
Stage 2 LBA letter sent by recorded delivery giving them 14 days to comply.
15/05/2007
Initial reply from Halifax saying they will reply no later than 18th June 2007.

11/06/2007
Standard letter received from Halifax disagreeing with my argument against charges.

25/06/2007 Filed small claim for charges at Lambeth County Court - awaiting return of N1 form.
:rolleyes:

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Good luck with your claim, don't forget, you're not on your own, we're all here together.

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

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Well, this is just a little post to thank everyone for their support. I would never have got to this stage without it.

 

Today, i filed my claim at my local County Court. I have my fingers and toes crossed that Halifax will pay up.... wish me luck!

 

Thanks

Jam

littlejam
vs
Halifax

16/04/2007
Decide to claim. S.A.R not required as all my bank statements kept on file at home. Decide to claim for all unlawful charges since August 1997. Totals £3095.

17/04/2007
Parachute account opened with Barclays
18/04/2007
PRELIM letter sent by recorded delivery.

19/04/2007
Royal Mail confirms delivery
24/04/2007
Halifax replies with standard letter (dated 21/04/07) saying they have 8 weeks to reply.

25/04/2007
Stage 2 LBA letter sent by recorded delivery giving them 14 days to comply.
15/05/2007
Initial reply from Halifax saying they will reply no later than 18th June 2007.

11/06/2007
Standard letter received from Halifax disagreeing with my argument against charges.

25/06/2007 Filed small claim for charges at Lambeth County Court - awaiting return of N1 form.
:rolleyes:

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!!! luck !!!

happy0064.gif

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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**goodluck.gif**

littlejam

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

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  • 3 weeks later...

Hi Everyone,

 

Sorry but i've been super busy with work and haven't had a time to give an up-date. Finally got my 'Notice of Issue' from my local County Court which states:

 

"Your claim was issues on 25/06/2007. The court sent it to the defendent by first class post on 02/07/2007 and it will be deemed to be served on 04/07/2007. The defendent has until 18/07/2007 to reply."

 

The clock is ticking away - i have not heard anything as yet. Keeping my fingers crossed.

 

Any advice always very welcome.

 

Thanks

Jamie

littlejam
vs
Halifax

16/04/2007
Decide to claim. S.A.R not required as all my bank statements kept on file at home. Decide to claim for all unlawful charges since August 1997. Totals £3095.

17/04/2007
Parachute account opened with Barclays
18/04/2007
PRELIM letter sent by recorded delivery.

19/04/2007
Royal Mail confirms delivery
24/04/2007
Halifax replies with standard letter (dated 21/04/07) saying they have 8 weeks to reply.

25/04/2007
Stage 2 LBA letter sent by recorded delivery giving them 14 days to comply.
15/05/2007
Initial reply from Halifax saying they will reply no later than 18th June 2007.

11/06/2007
Standard letter received from Halifax disagreeing with my argument against charges.

25/06/2007 Filed small claim for charges at Lambeth County Court - awaiting return of N1 form.
:rolleyes:

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Hi

You should get a Notice that Acknowledgment of Service Has Been Filed back from the Courts soon. They then have 28days from date of service to file Defence.

 

Very Best Wishes and GOOD LUCK ( not that youll need it).:)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Hi Everyone,

 

Hi haven't received a 'Notice of Service' but i have received my Notice of Issue.

 

The deadline was 18 July to reply (today) and they haven't. What do I do now?

 

I'm assuming I need to request a judgement. Should I contact the court first?

 

Can anyone help??

 

Thanks

Jamie

littlejam
vs
Halifax

16/04/2007
Decide to claim. S.A.R not required as all my bank statements kept on file at home. Decide to claim for all unlawful charges since August 1997. Totals £3095.

17/04/2007
Parachute account opened with Barclays
18/04/2007
PRELIM letter sent by recorded delivery.

19/04/2007
Royal Mail confirms delivery
24/04/2007
Halifax replies with standard letter (dated 21/04/07) saying they have 8 weeks to reply.

25/04/2007
Stage 2 LBA letter sent by recorded delivery giving them 14 days to comply.
15/05/2007
Initial reply from Halifax saying they will reply no later than 18th June 2007.

11/06/2007
Standard letter received from Halifax disagreeing with my argument against charges.

25/06/2007 Filed small claim for charges at Lambeth County Court - awaiting return of N1 form.
:rolleyes:

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Thanks Sanand, I will call them first thing...

 

Would it not be worth calling Halifax as well?

 

If they haven't responded I assume I should return my form for Request for Judgement. Is there any guidance on how to respond/request this?

 

Thanks

Jamie

littlejam
vs
Halifax

16/04/2007
Decide to claim. S.A.R not required as all my bank statements kept on file at home. Decide to claim for all unlawful charges since August 1997. Totals £3095.

17/04/2007
Parachute account opened with Barclays
18/04/2007
PRELIM letter sent by recorded delivery.

19/04/2007
Royal Mail confirms delivery
24/04/2007
Halifax replies with standard letter (dated 21/04/07) saying they have 8 weeks to reply.

25/04/2007
Stage 2 LBA letter sent by recorded delivery giving them 14 days to comply.
15/05/2007
Initial reply from Halifax saying they will reply no later than 18th June 2007.

11/06/2007
Standard letter received from Halifax disagreeing with my argument against charges.

25/06/2007 Filed small claim for charges at Lambeth County Court - awaiting return of N1 form.
:rolleyes:

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Have a look at my thread Sanand vs Halifax, ive been ringing them and ringing them and all you get is lies, if you look on the front of the papers that you got back from court when they were deemed served, it tells you what do to regarding judgment.

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HELP! Bloody Haliprats! Soooo annoying!!

 

OK so Halifax have finally made an offer but a rather pathetic one at that. On top of that they have already deposited the money 3 days before their deadline to respond had been reached.

 

It would be great if someone could look at my draft rejection letter below and suggest any changes.

 

Also,

- am I right that I won't actually get the 8% interest - unless it is resolved by a court judgement?

- which address to i send the reject letter to? the address on the offer letters from Halifax or the Legal Dept on the Ack. of Service from the court?

- do i send a copy to the court?

 

Any thoughts very welcome. I am so ANNOYED and FED UP with Halifax and their games!!!

 

thanks Jam x

 

-----------------------LETTER FOR REVIEW BELOW---------------

 

Dear Haliprats

 

 

 

 

Response to Settlement Offer

Claim Number: 98765432 (?? County Court)

 

Account 1: 123456

Account 2: 123456

 

 

I write further to your letter dated 18th July 2007, which I received on Monday 23rd July. I have subsequently received an Acknowledgement of Service dated 20th July 2007 from County Court.

 

I respectfully decline both offers made in respect of the above claim which relates to 2 accounts. In summary, on Account 1 you have offered me £889.00 of the £1,034.00 total charges you have illegally charged and £249.32 in respect of interest charged as a result of those charges. On Account 2 you have offered me £390.00 of the £2,099.00 total charges you have illegally charged and £14.92 in respect of interest charged as a result of those charges.

 

My claim is for £3095.00 as outlined in my Particulars of Claim, plus court costs of £120.00. Your offer totals £1,663.24 including court costs. Please note this claim will continue until payment is made in full.

 

I wish to stress that I do not accept your offer as Full and Final settlement and the money transferred to my account should not be viewed as my acceptance. On 22nd July 2007, two separate deposits were made to the corresponding accounts to the value of the aforementioned offers. This happened 3 days before your 7 day deadline for a response. 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 £1,551.76 the balance of the claim without further conditions and I will inform the court that the claim is settled.

 

I trust this clarifies my position.

 

 

If you require any further information or wish to clarify anything in this letter please do not hesitate to contact me on any of the numbers provided at the top of this letter.

 

Yours sincerely,

littlejam

 

Copy to: Lambeth County Court

littlejam
vs
Halifax

16/04/2007
Decide to claim. S.A.R not required as all my bank statements kept on file at home. Decide to claim for all unlawful charges since August 1997. Totals £3095.

17/04/2007
Parachute account opened with Barclays
18/04/2007
PRELIM letter sent by recorded delivery.

19/04/2007
Royal Mail confirms delivery
24/04/2007
Halifax replies with standard letter (dated 21/04/07) saying they have 8 weeks to reply.

25/04/2007
Stage 2 LBA letter sent by recorded delivery giving them 14 days to comply.
15/05/2007
Initial reply from Halifax saying they will reply no later than 18th June 2007.

11/06/2007
Standard letter received from Halifax disagreeing with my argument against charges.

25/06/2007 Filed small claim for charges at Lambeth County Court - awaiting return of N1 form.
:rolleyes:

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HELP! Bloody Haliprats! Soooo annoying!!

 

OK so Halifax have finally made an offer but a rather pathetic one at that. On top of that they have already deposited the money 3 days before their deadline to respond had been reached.

 

It would be great if someone could look at my draft rejection letter below and suggest any changes.

 

Also,

- am I right that I won't actually get the 8% interest - unless it is resolved by a court judgement?

- which address to i send the reject letter to? the address on the offer letters from Halifax or the Legal Dept on the Ack. of Service from the court?

- do i send a copy to the court?

 

Any thoughts very welcome. I am so ANNOYED and FED UP with Halifax and their games!!!

 

thanks Jam x

 

-----------------------LETTER FOR REVIEW BELOW---------------

 

Dear Haliprats

 

 

 

 

Response to Settlement Offer

Claim Number: 98765432 (?? County Court)

 

Account 1: 123456

Account 2: 123456

 

 

I write further to your letter dated 18th July 2007, which I received on Monday 23rd July. I have subsequently received an Acknowledgement of Service dated 20th July 2007 from County Court.

 

I respectfully decline both offers made in respect of the above claim which relates to 2 accounts. In summary, on Account 1 you have offered me £889.00 of the £1,034.00 total charges you have illegally charged and £249.32 in respect of interest charged as a result of those charges. On Account 2 you have offered me £390.00 of the £2,099.00 total charges you have illegally charged and £14.92 in respect of interest charged as a result of those charges.

 

My claim is for £3095.00 as outlined in my Particulars of Claim, plus court costs of £120.00. Your offer totals £1,663.24 including court costs. Please note this claim will continue until payment is made in full.

 

I wish to stress that I do not accept your offer as Full and Final settlement and the money transferred to my account should not be viewed as my acceptance. On 22nd July 2007, two separate deposits were made to the corresponding accounts to the value of the aforementioned offers. This happened 3 days before your 7 day deadline for a response. 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 £1,551.76 the balance of the claim without further conditions and I will inform the court that the claim is settled.

 

I trust this clarifies my position.

 

 

If you require any further information or wish to clarify anything in this letter please do not hesitate to contact me on any of the numbers provided at the top of this letter.

 

Yours sincerely,

littlejam

 

Copy to: Lambeth County Court

 

UNLAWFULLY!

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Thanks Moneyhelp....

 

If anyone else can spot any mistakes or answer my other queries.... pls reply.

 

Jam x

littlejam
vs
Halifax

16/04/2007
Decide to claim. S.A.R not required as all my bank statements kept on file at home. Decide to claim for all unlawful charges since August 1997. Totals £3095.

17/04/2007
Parachute account opened with Barclays
18/04/2007
PRELIM letter sent by recorded delivery.

19/04/2007
Royal Mail confirms delivery
24/04/2007
Halifax replies with standard letter (dated 21/04/07) saying they have 8 weeks to reply.

25/04/2007
Stage 2 LBA letter sent by recorded delivery giving them 14 days to comply.
15/05/2007
Initial reply from Halifax saying they will reply no later than 18th June 2007.

11/06/2007
Standard letter received from Halifax disagreeing with my argument against charges.

25/06/2007 Filed small claim for charges at Lambeth County Court - awaiting return of N1 form.
:rolleyes:

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bump

littlejam
vs
Halifax

16/04/2007
Decide to claim. S.A.R not required as all my bank statements kept on file at home. Decide to claim for all unlawful charges since August 1997. Totals £3095.

17/04/2007
Parachute account opened with Barclays
18/04/2007
PRELIM letter sent by recorded delivery.

19/04/2007
Royal Mail confirms delivery
24/04/2007
Halifax replies with standard letter (dated 21/04/07) saying they have 8 weeks to reply.

25/04/2007
Stage 2 LBA letter sent by recorded delivery giving them 14 days to comply.
15/05/2007
Initial reply from Halifax saying they will reply no later than 18th June 2007.

11/06/2007
Standard letter received from Halifax disagreeing with my argument against charges.

25/06/2007 Filed small claim for charges at Lambeth County Court - awaiting return of N1 form.
:rolleyes:

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