halifax bank charges (merged)

tdavies

Further to my above post about going through MCOL, Halifax have acknowledged my court request. What happens from here? Is this just the banks way of wasting some more time, hoping I give up the longer it goes on?

grimreaper

tdavies wrote: »

Further to my above post about going through MCOL, Halifax have acknowledged my court request. What happens from here? Is this just the banks way of wasting some more time, hoping I give up the longer it goes on?

im in same position as you dont want to !!!! it up now!:eek:

courtesy of Beate

TIMINGS ON MCOL

Once you file your claim, you will see this:
Status: Requested
Your claim has been submitted to the court for final validation before being issued.

Then, usually a day later, it reverts to this:
Status: Issued
Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply. The court will send you a “Notice of Issue”.

The court allows five days for the claim to be deemed served, even if the bank acknowledges before the five days are over. If the bank does not reply within the 14 days after the claim was deemed served, you can enter judgment by default.

Status: Acknowledged
If the bank acknowledges at any time within those 14 days, they now have 28 days from the date of service of the claim form to file a defence. The court will send you a “Notice that Acknowledgement of Service has been filed”. If the bank don’t defend, you can enter judgment by default after the 28 days are up. If that date falls on a weekend, the court allows one or two extra days for them to respond. You will know if you are too early, as the system will simply not allow you to enter any judgment before the time is up.

Status: Defence
If the bank defends before the 28 days are up, you cannot enter judgment or do anything else online anymore. The court will send you a “Notice of Defence”.
If the bank is just biding time before they send you a cheque (and have told you so in a letter already), you might be sent a “Notice of Defence that Amount Claimed Has Been Paid”. You have to tick the box whether you wish to proceed with the claim or not. Wait until you have the money in your account, then send the form back. You are given a month to do so.
If the bank defends with the purpose to go to court, you will be sent an Allocation Questionnaire which you have to fill in and send back to the court. A court date will then be set which you are required to attend. The bank will either settle with you in any way before the court date, or they will not turn up on the day and you will win by default.

This is how it usually happens. Alterations from the norm are possible of course.

DeltaPan

grimreaper wrote: »

Deltas info is wrong

There is a fee for taking bank thru small claims and it depends how much you are claiming for.

Fees are btween 30 and 120 as i have been informed

I paid 120 as im claiming over 4000

As for banks not going to court this is true in the majority of cases and you would be very unlucky at the moment to end up in court

Banks are making courts cheesed off at mo with banks not turning up to court so in theory wasting time

If i was you put an mcol in against the bank if you have sent the letter in step 4 stating you are going to start court proceedings in 14 days if you do not hear a satisfactory response of them

Remember to include your interest and court fees in your claim

and good luck but remember you will have to pay a fee not like delta said and it would be free under claims of 5000!

you will find that your initial time claiming it will say northampton county court dont worry as this is normal as and when it gets nearer to court date etc it will change to your local court

If i am wrong then i apologise.

Check out the county court anyway.

As i am doing again tomorrow.

I know for a fact if one is not working it is free but i was led to believe, by the West London County Court reception that it was free for anybody if the amount is under £5000.

I will repost when i've talked with the court again because if they have misinformed me when i asked i am not going to be very pleased.

If there is a charge they should get their facts right when people ask advice, in the actual court. :mad:

grimreaper

DeltaPan wrote: »

If i am wrong then i apologise.

Check out the county court anyway.

As i am doing again tomorrow.

I know for a fact if one is not working it is free but i was led to believe, by the West London County Court reception that it was free for anybody if the amount is under £5000.

I will repost when i've talked with the court again because if they have misinformed me when i asked i am not going to be very pleased.

If there is a charge they should get their facts right when people ask advice, in the actual court. :mad:

it ll be right your only trying to help

as for people on benefits you do get reduced court fees not sure if its free tho but i might be wrong

AFCChris

Hi there

I sent the preliminary letter to reclaim charges on both mine and my wife's accounts on the 25th April and today we both received letters which seem like the ones which other people have got but mine is telling us that they will respond with 4 weeks, not the 8 weeks some people have been told. Wondering if anyone else got the letter stating 4 weeks and not 8, which might indicate a policy change by Halifax....

Can anyone confirm if we should wait for the 4 weeks or send the next letter?

Cheers for any help

Chris

grimreaper

AFCChris wrote: »

Hi there

I sent the preliminary letter to reclaim charges on both mine and my wife's accounts on the 25th April and today we both received letters which seem like the ones which other people have got but mine is telling us that they will respond with 4 weeks, not the 8 weeks some people have been told. Wondering if anyone else got the letter stating 4 weeks and not 8, which might indicate a policy change by Halifax....

Can anyone confirm if we should wait for the 4 weeks or send the next letter?

Cheers for any help

Chris

its the standard letter everyone gets off halifax

it ll be 8 weeks not 4 i got 8 weeks letter then they send another after 4 weeks stating they are still investigating complaint blah blah will take another 4 weeks

i wouldnt bother waiting send step 4 letter for both accounts threatening court proceedings remember to add interest and court fees in your claim

this should tell halifax your serious and not willing to back down

you are the claimant so you set timescales not the bank

dont fall into trap of waiting on halifax you tell them not they tell you!!!!!!

heres a link of next letter

http://www.moneysavingexpert.com/redir/9e8eb007

let me know how you get on like me you ll probably have to file court claim

been a week since bank was served fingers crossed

good luck!:A

wherediditallgo

slugbynature wrote: »

hi, stick to your time limit not theirs. you gave them 14 days to comply and if they havent when the 14 days are up send the LBA and add all the new charges to it too. as for them closing your account, im not too sure about that one maybe its a scare tactic or maybe they will. did you open a parachute account first?
hope this helps

Totally agree. I think they're stalling because they're waiting for the official line on it from the Office of Fair Trading/government or whichever body is currently looking at it. If you haven't already opened the parachute account, then do so asap, as I've read of many people having their accounts closed following a charges claim. By all means ring them & tell them you're about to lodge the claim online unless they come back to you that day with their plans for settlement, & tell them you'll be filing your claim online unless you hear from them that day with a mutually-agreeable amount. If they don't call you, file your claim. Good luck with it too.

Hungryhippo_2

Hi all,

I pretty much posted the following on the general discussion forum yesterday, but then noticed this thread dealing specifically with the Halifax, so thought I'd see if anyone is having a similar experience with them.

I posted the 1st template letter last Friday, the 27th, and was surprised that I got a reply on Monday 30th. i was even more surprised that they returned the tenner cheque I had sent!

They said:
'Thank you for your letter concerning charges applied to your above account.

I have today requested your previous six years bank statements of which you will receive in the post shortly...

I have also enclosed your chq for £10.00.'

They dont say why they have returned the cheque, as in the service is free or some such, and reading through other posts I see that Halifax has taken everyone else's fees (I may have missed some posts where they waived the fee, sorry if I didn't see them.) Frankly this bothers me since I wonder if this is a delay tactic they are employing. Do they still have to respond with my statements 40 days from my original letter even if they haven't taken the fee? I'm a bit dubious about the word 'shortly'

snowberry

Hi All,

Gave the Halif*@x their 40 day, then contacted the financial ombidsmun people who wrote to them and gave bank extra 8 weeks. this is nearly up!
still incomplete set of statements. do I threaten to start proceedings and then ask the court for disclosure of the statements because until then I won't know the final figure???!

Thanks, snowberry:huh: :huh:

philandsj

Hi
I'm new to all this but will be glad of some support!
I hand delivered my letter to Halifax (based in NI) on 25th April claiming £4231.00 charges + £706.64 interest. I don't think this is the complete picture of my charges as I had lost a few statements but I thought it was a big enough sum! I received the standard 4 week letter from them yesterday. I will be sending the next letter on 10th May. Talk about take a deep breath and jump in!!