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Hi there!

 

Can anyone help?

 

I originally started a claim against Halifax in August 2006 for my husband who had approx £1700 to claim in unfair charges (without interest). I got to the Letter Before Action stage and he was offered partial settlement of approx £700. I followed all the procedures (accepting the offer only as a partial settlement and advised that he would be continuing for court action), but then my husband and I separated and he did not actually complete the process.

 

I started the claim again (July 2007) and have just sent out the Letter Before Action for the second time. Now he is claiming approx £2500 which have built up in charges because he had requested for all his direct debits to be cancelled, but this was not actioned and charges continued to be added.

 

Will the fact that he did not complete the process the first time around count against him?

 

He has not received any settlement offers. Should we be worried?

 

Is there anything that should be done differently because we are repeating the process and did not carry it through the first time?

 

Will the fact that he has accrued so much in charges within the period do any damage to his case?

 

What steps should we be making towards his defence (bearing in mind that he has just sent off his Letter Before Action and he has yet to receive any response)?

 

Has anybody been in or know of any cases with a similar situation?

 

Any help or advice that you can offer would be greatly appreciated. My husband, and even I, panic at the thought of having to go to court.

 

Many thanks and kind regards.

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Hi Amani

 

Welcome to this site.

 

Hope I can be of some help.

When you say you recieved an offer and accepted it in partial settlement did you actually get the money in your account.

 

If you did but then you didnt continue with it are you claiming this time for the same dates as you did last time.

 

I take it the amount that you are claiming for now does not include the charges that you have already accepted the money for last year.

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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Thanks for your quick reply.

 

The partial settlement was accepted in principle, but no money was actually received.

 

We have, in effect, started the process all over again to include the date up until June 2007 when my husband actually closed his account with Halifax (as though the original request had not been sent).

 

Hope this makes sense and clarifies the situation.

 

Many thanks.

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Hi again

 

Yes youve made it perfectly clear now.

 

I dont think you have anything to worry about then. If no money changed hands just go for it as if it was the first time , when you say you have just sent LBA for second time you dont mean fr this yr do you .

 

I would treat it as the first ime you are claiming it doesnt matter that you got so far last year as long as you didnt have any money.

 

Did they get in touch with you to ask why you did not take the offer then.

 

I really would just go through this as though it was the first time. forget last year.

 

Dont worry too much at not hearin anything back yet. Its not unuaual.

If you have the time read my thread "overflow v halifax". You'll see what I mean.

 

You sound as if your doing just fine really. Just make sure you stick to your time scal , its 14 days for the LBA then if no response its time to go for the N1 to Court.

 

People on here tend to get a response round about then as that is when the Haliprats know you are serious about it all

 

Hope this has helped to ease your mind. DONT WORRY.

 

If I can be of any more help please do not hesitate to ask no matter what it is Ill do my best.

 

Good Luck

 

Regards :)

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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P.S.

Nearly forgot did you only claim till June as you can still claim interest on it even though its been closed:)

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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That's quite a list of questions!

 

It'd be too hard to separate them all out with quotes marks - so I'll use colour instead!

 

I started the claim again (July 2007) and have just sent out the Letter Before Action for the second time. Now he is claiming approx £2500 which have built up in charges because he had requested for all his direct debits to be cancelled, but this was not actioned and charges continued to be added.

 

Will the fact that he did not complete the process the first time around count against him?

 

If the process wasn't completed - no money paid in - no agreement signed - then IMHO - just start it again as you did.

 

He has not received any settlement offers. Should we be worried?

 

Not in the slightest!

 

Is there anything that should be done differently because we are repeating the process and did not carry it through the first time?

 

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

 

 

Will the fact that he has accrued so much in charges within the period do any damage to his case?

 

Can't see why?

 

What steps should we be making towards his defence (bearing in mind that he has just sent off his Letter Before Action and he has yet to receive any response)?

 

Not receiving a response is par for the course. Standard procedure. Just follow the http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Has anybody been in or know of any cases with a similar situation?

 

Yes, if you mean where there has been a separation. I assume that he is quite happy to proceed alongside you in this?

 

Any help or advice that you can offer would be greatly appreciated. My husband, and even I, panic at the thought of having to go to court.

 

Hardly anyone (well .... 1: 345,897,541*) goes to Court! They always settle - even when they are almost on the wire!

 

Many thanks and kind regards.

 

 

Good luck and keep us posted!

 

* I invented that figure!!! LOL!

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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