Armillariahoneydew Vs. Halifax **WON**

[armillariahoneydew]

Hi all,

Sent a letter before action to Halifax after their initial response to my first claim was that their charges are reasonable for the additional work put on them. Hoping to claim £4300. Is it still worth going to court in view of recent Birmingham case?

[armillariahoneydew]

Just starting a claim for 'direct debit refusal' bank charges. Amounts to £4300 over past 6 years. They have took almost 2 months to send a copy of my charges despite numerous phone calls. I think they are using stalling tactics in a hope that the law is changed so we can no longer claim against them. I have just had a response to my first letter asking for repayment saying their charges are fair for the service of extra work put on them when this happens. I am now typing my letter before action as the next step. Any advice or help will be gratefully received. How long do I wait before I iniate court proceedings? Is it still worth going to court. Read that one was thrown out in Birmingham and that this may have now set a precedent.

[**Tilly**]

hi there you send your lba wait 14 calender days then file n1 or mcol

[armillariahoneydew]

Thanks for advice Tilly. What is n1 and mcol. Is that who you file claim through? sorry that I sound ignorant, a bit lost at moment. Was put off by initail response from halifax. Thought that's that then but now decided to fight back aftre reading some posts on here.

[**Tilly**]

here you go

4. Particulars of claim - N1 - hard copy version

[moneyhelp]

Heres a step by step guide - so you know where you're at

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

[overflow]

hi armillar

welcome to the club.

The N1 is included in the small claims pack you can pick up from your local courts. mcol is if you want to do your claim on line.

Have you read through the FAQ's That will tell you all you need to know and lots of good advice too.

 

Dont be put off by any letters you get from the bank there all standard bog off and not worth worrying about. Just banks way of trying to get people to stop them from claiming.

 

I think the case you are referring to is the one called dads. Its about CCI and the Judge set a precedent in the high court , a lot of people are now not bothering to go for this particular rate of interest . Dont know if it means nobody can claim it anymore or if it is just if you try and claim it under the "mutuality and recirocity" argument.

Not read up on it too much just sorta skirted round the edges.

Must make time to read it through as i have gone for CCI but it was before I came across dads thread so Im not sure if ill get mine or not . not too bothered just so long as I can get the 8% stat.

 

Good luck with yours and dont forget read, read ,read its amazing how much you will learn from the great people on here. Dont forget your never alone always somebody willing to help out if you get stuck.

 

regards

[armillariahoneydew]

Thankyou overflow. That is really informative. Which is the best way to proceed? Is online ok? haven't looked at working out the interest yet, will see if I get a respones to LBA letter. I'm sure I'll need lots more help if it gets that far.

[**Tilly**]

hi ya i used n1 found it easier plus your limited to amount of words on mcol also if your on any kind of benifits you can apply for exemption fee you just need proof when your time comes to file just shout someone will come along to help everyone is here are in the same situation so we all help each other out its better to ask and get it right thgan make a mistake good luck and keep us posted oh and send everything to trinity road

[Dusary]

Customer Relations

Trinity Road

Halifax

HX1 2RG

 

AND DO IT ALL REGISTERED!!!!!

[overflow]

hi

Ive done all mine through the local court. Its quite straight forward and they will check it over for you.

 

But dont worry about that yet spend the time you are waiting to read up on more threads. Im addicted to this site so many different stories and so many clever minds, its facinatin.

 

About the spread sheets ,I personally used Midzias one , Im no whiz with anything like this and i found this one really easy to use. no work really just put the details in and hey presto it does it all for you. There are notes as well just in case you do get stuck but if I can do it Im sure you will too.

 

Like weve all said though never feel as though you cant ask , theres always someone about to give you support and help.

They really are a GREAT bunch on here.

 

regards

[armillariahoneydew]

HI Everyone!

Thanks for all the support and great advice.

I've braved the torrential rain this morning in good old Yorkshire and posted a LBA recorded delivery.

Beginning the 14 day count down now B4 starting court proceedings. Lots to learn in 14 days. Go on holiday on 22nd July. Would have been nice to have some extra spending money but don't think that will happen in time now. Can live in hope.

[**Tilly**]

you never no stranger things have havened good luck:)

[armillariahoneydew]

Hi There!

I'm still very much a novice so require some help please.

I sent my LBA on Mon last week the day of the floods. Don't think it has received yet. However, preparing my interest charges ready for court action. I have a list of charges dating back to May 01. This is slightly over 6 years, can I list charges going back this far? :confused:

[**Tilly**]

hi ya cant see a problem mine when back to jan 01 and as you can see i won all mine back

[armillariahoneydew]

Thanks Tilly!

Here I go then...... wish me luck!!

[**Tilly**]

good luck but you wont need it you will win get stuck just shout:D

[armillariahoneydew]

I have just calculated interest charges at 8% on initial claim for £4,303 and the total now comes to £5,431.88. Does that sound correct?

[Batgirl]

Hi

Did the spreadsheets work it out for you? Just as a guide, my charges are £3352 and the interest works out at £589.98. I just let the spreadsheet do it as I am rubbish at maths! I'm no expert, but I am sure there will be one along soon to help you. There are some clever folk here!

 

[armillariahoneydew]

I downloaded the spreadsheet from this site and it worked out how many days had elapsed since the charge then the interest on that particular charge. You'd think the banks would settle out of court to avoid paying the interest, seems to moubt up to quite a bit.

[**Tilly**]

hi so now you wait for your reply to your lba then if no joy you can start to file your claim

[armillariahoneydew]

Thanks Tilly. Glad someone keeping an eye on me to guide!

Have held off the N1 because on the track and trace there is no record of them receiving my LBA. However, I am in Rotherham and the day I sent this was the Monday morning as the floods occured a few hours later in the afternoon. I had visions of my letter being washed down the streets so have sent another LBA letter and am still waiting, not sure how long to wait though. The 14 dyas is up this Mon.I go away on the 22nd so thinking of filing to court before then.

[**Tilly**]

when did you send your second lba you need to follow the step by step instructions ive put the link here for you

Example Step-By-Step Instructions

[**Tilly**]

you wait 14days from the date you put on your lba you give them 14days to reply what date did you send the second lba

[armillariahoneydew]

Only yesterday in desparation after still not being able to trace original sent but just read batgirls thread that states they get a bulk delivery and only one signature so maybe it didn't go missing after all. Do they usually reply?