Bank reply after small claim requested what next?

slyarwood

I got to step 3 - wrote to the bank to ask for my money, with a 14day response time. Their (Halifax) time ran out on 21st March, I waited until after the post had been on Saturday 24th March and still no reply so I missed out step 4 (I thought 'why should I give them an extra 14 days warning'). and went straight to step 4 using the moneyclaim website.
Mondays post comes, including letter from Halifax saying they will pay charges (-interest) this is dated 26th March (5days after last stage deadline), I have checked on moneyclaim website and the smallclaim has been issued. This small claim cost £120. what do I do now?

nickmack

slyarwood wrote: »

I got to step 3 - wrote to the bank to ask for my money, with a 14day response time. Their (Halifax) time ran out on 21st March, I waited until after the post had been on Saturday 24th March and still no reply so I missed out step 4 (I thought 'why should I give them an extra 14 days warning'). and went straight to step 4 using the moneyclaim website.
Mondays post comes, including letter from Halifax saying they will pay charges (-interest) this is dated 26th March (5days after last stage deadline), I have checked on moneyclaim website and the smallclaim has been issued. This small claim cost £120. what do I do now?

If you only sent them one letter giving 14 days, you have not given them sufficient time to respond. You should have sent a Letter Before Action giving them a further 14 days.

Because you filed the claim early, the bank could specify to the court they have not received notice. This could mean your claim is struck out.

I would accept the full amount you've been offered and put it down to a mistake. If you press for the full amount plus interest plus charges, you should be careful and know the possible consequences.

Twinkly

slyarwood wrote: »

I got to step 3 - wrote to the bank to ask for my money, with a 14day response time. Their (Halifax) time ran out on 21st March, I waited until after the post had been on Saturday 24th March and still no reply so I missed out step 4 (I thought 'why should I give them an extra 14 days warning'). and went straight to step 4 using the moneyclaim website.
Mondays post comes, including letter from Halifax saying they will pay charges (-interest) this is dated 26th March (5days after last stage deadline), I have checked on moneyclaim website and the smallclaim has been issued. This small claim cost £120. what do I do now?

You must give the banks notice of court action. They are entitled to this and to time to respond. Up until a claim is filed you wouldnt have been entitled to interest so its a bit complicated now. If banks offer you full refund you are obliged to accept. If you do so now you have lost the £120 court fee.

The best you can do is advise that court claim has been filed and see if they settle the interest and costs. They may decide to fight on the grounds they offered you full refund and you did not notify of court action previously.

My advice is to settle for the full amount -interest and take the £120 loss caused by your haste.

Someone else may advice differently and give good grounds for doing so so get a 2nd opinion at least.

Good luck with this.

customdaddy

can anyone suggest what i do next, my first letter went on 20th feb, 2 weeks later i sent the second, then a phone call to the bank about something else told me my full claim was going to be refunded, this was done by the bank on 3rd march, up to now i still have not recieved an offer letter altho i have been on phone to the complaints team that are dealing with bank charges, and for the last two and half weeks there has been nothing, i was due to file my claim with court 2 weeks ago, what shall i do, wait, go to court, or write another letter saying they got 7 days to respond.

einyuk

customdaddy wrote: »

can anyone suggest what i do next, my first letter went on 20th feb, 2 weeks later i sent the second, then a phone call to the bank about something else told me my full claim was going to be refunded, this was done by the bank on 3rd march, up to now i still have not recieved an offer letter altho i have been on phone to the complaints team that are dealing with bank charges, and for the last two and half weeks there has been nothing, i was due to file my claim with court 2 weeks ago, what shall i do, wait, go to court, or write another letter saying they got 7 days to respond.

1st and 2nd letters usually gives 14days.
Your next step is the 7day court action letter so at least you have another 7days+ to await a response from the bank, if not file your claim.

Good luck.