Mike vs Halifax

[Mike_Mac]

Hi,

 

I have already created a thread about this, but have realised that I should have started it here. The initial text was:

 

I have recently sent off the initial letters requesting my charges back (I already had all my statements).

 

I've had a stalling letter from Barclays, so will sent the LBA on the 14th day, but Halifax have responded with the following letter I have photographed and attached via a Word file.

 

Obviously they are not going to proceed any further, so I will have to send off a LBA, but what are my comebacks to their points raised?

 

Any advice on the next step would be appreciated!

 

The original link is here, as I cannot seem to add that attachment to this thread :

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/104772-halifax-bank-response-advice.html

 

If someone could tell me how to attach here I can edit the letter in later - thanks!

 

Apologies for the cock-up!

 

Mike

[moneyhelp]

Hi and welcome.

 

This letter is a typical Halifax fob off letter, we all have one.

 

Ignore and continue with your claim. Get the LBA off to them

[shaokahn]

Mike

Take it easy

They have sent you a standard get lost letter,send them a reply in the form of a LBA, use the one in the library and doctor it as required

I added onto mine the following:-

Please note interest that I intend to claim for, should this claim go to court, is starting to grow considerably and has grown in excess of £***, and as such it would be advisable for you to settle up within the 14 day dead line I now impose on you.

You will get a second polite get lost letter, ring them and offer a chance to settle before issuing a court claim,ask them to review your claim again, I gave them about 4-5 days due to work stopping me getting to court with the N1 papers.

If you read my thread you will see they have offered a full refund without going to court and that having a rehersed story pays when talking direct to them on the phone.

Talking to them direct is one way forward but you must stick to your guns, give time scales for them and be polite but firm

good luck

Shaokahn

 

 

[Mike_Mac]

Thank you for the advice - the 14 day point is almost on me anyway, so I will continue as before.

 

I'll post up further updates as and when.

[sallysas]

Next thing will be they offer you just half the claim. Very predictable. Just stick to guidelines and you will have cause for celebration very soon.

[Dusary]

See my thread for their *GOODWILL* offer!

[Kelvid123]

Hi Mike, like you I got the standard 'our claims are lawful sorry we cant help you' letter. I sent them the LBA giving them 14 days ro refund into my account the charges. After 14 days I had received nothing so telephoned them to give them the opportunity to pay up. They said to me after investigating my claim, they were sorry to hear I was unhappy with charges applied but due to the fact they were lawful there was nothing they could do. I then told them I would take them to court which is were I stand today. Do not let them bluff or put you off. I filed my N1 with schedule of charges including interest which now amounts to £6471 + £250 court costs. There is no way I will let them talk me out of my money. You do start doubting yourself but from the research Ive done we are entitled to it back. Keep at it and good luck

[Mike_Mac]

Thanks for all the support. The 14 day point is Sunday, so I will send off the LBA first thing Monday morning. If they think their charges are lawful then they can justify and provide evidence to support them in court.

[moneyhelp]

Here! Here!

[sallysas]

Once your claim is deemed served at court count 28 days (maximum) by which time you will have all your money. Are you sending your letters with Royal Mail's free 'proof of posting'? They can't argue it wasn't sent then but I have so far never had to prove this. All the best, Sally

[Dusary]

There you go - great advice all round!

[Mike_Mac]

There you go - great advice all round!

 

Agreed and thank-you all!

 

Sallysas - I'm definitely sending them by recorded. I've had someone try and pull the non-delivery bull on me before, until I pointed out that someone at their company had signed for it and I had proof! This was the clamping firm that clamped me in my own space . Funnily enough I received a full refund 'without prejudice'.

[jontah 2006]

Agreed and thank-you all!

 

Sallysas - I'm definitely sending them by recorded. I've had someone try and pull the non-delivery bull on me before, until I pointed out that someone at their company had signed for it and I had proof! This was the clamping firm that clamped me in my own space . Funnily enough I received a full refund 'without prejudice'.

 

special delivery, if you can please.

[moneyhelp]

Recorded is perfectly ok!

[Mike_Mac]

UPDATE:

 

Well, that's been over 14 days and no response, so I am about to start court proceedings and have a quick question:

 

From reading this site I am under the impression that I need to start proceedings in my local County Court - is this correct? I have a Magistrate's Court 200m away from me, which would be much easier to deal with. I also thought that as this is a Small-Claims track the Magistrates are able to deal with it?

 

Anyone have any advice?

[**Tilly**]

hi mike yes you send or take everything to your local court you will need 3 copies of your n1 3 copies of poc and 3 copies of your spreadsheets

N1 Claims form in .PDF format with form filling

Moneyclaim - start your County Court claim online

Court Fees - Do you have to pay them?

the n1 wont save on line so you have to print it of mcol you can do online

[moneyhelp]

It has to be a county court - not magistrates court

[**Tilly**]

thanks money;)

[Mike_Mac]

Thanks! I'll get on with that now.