Halifax Credit Card Services and Small Claims Courts in England 'WON'

[christinajanep]

a blanket stay is where the courts have put a hold on all court cases refering to bank charges until after the oft hearing next year

[Otrere]

Ohhh that's not friendly. I will contact MCOL and the court to see what is happening.

 

THanks very much for your help.

[meols cop]

As I understand the O.F.T. test case does not concern Credit Card charges. So how can the Courts put a blanket stay on all claims?

[moneyhelp]

Good question - seems to be the trend right now. Have a look in the Barclaycard forum for stays on credit cards, I have bumped the thread for you

[Otrere]

UPDATE

 

I spoke to MCOL and they said that my claim had been stayed.

 

But I just had my credit card statement today and they've credited me with £530 for overpaid fees (even though I reckoned they only owed me £460)! I am, as you can imagine, pretty happy with this. Do you think I can get my money back from the court now its not going through court?

[**Tilly**]

hi otrere

you could have already been given your court fee back plus your sar fee if you think they have paid to much this could be included in what they given you back

congratulations:-D

[Otrere]

Hiya

 

I don't know quite what has gone on tbh. I spoke to the court the other day and they said it had been stayed. Then I got my credit card statement today with the £530 credit on it. Nothing in advance to say that I would be getting it, nothing from the court, no warning. I am a little confuddled.

 

[sea-sidelady]

If you have paid the court fees, then you are entitled to have those returned and any interest since you filed.

 

If your claim was for £460, could the extra payment be the court fees?

 

You could contact mcol to see if this is how the payment was made up.

 

If not then you can send a letter, thanking for part payment but also to inform them you are continuing with your claim until all the money is returned.

[Otrere]

Yeah the original claim was for £460 - that was about £420 plus 8% interest. Then I paid £50 court fees to make the claim. So that makes it £510 and Halifax credited my account with £530.

 

What I am confused about is that I only spoke to the court on Monday or Tuesday (29th or 30th Oct) and they said that a stay had been put on it - I told her I hadn't had the paperwork to confirm that - so she was going to reissue the paperwork for me then, and my credit card statement is also dated 29th Oct also with the £530 credit on it.

 

[sea-sidelady]

Well you have won. It can take a few days for mcol to catch up.

 

 

You will need to inform the courts that the case is now closed.

[Otrere]

Fab! Thanks very much - see me with a BIG SMILE. :D :D :D

[sea-sidelady]

Here is a letter you can use to inform mcol. Just alter it to your needs.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-487345.html

[Bigmac versus]

Congratulations