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Hi all,
I had my case against HSBC/ First Direct on Friday @ Bristol county court.
Have posted some info here but two things to mention:
1) It is highly likely that call cases @ Bristol will now be stayed until the OFT case has ben decided, I guess you either accept an offer or be prepared to wait.
2) On the subject of contractual interest, the Halliday case was mentioned so it would appear that the banks will be using that as their defence and it's unlikely to be awarded. I know there is a huge post on this so won't comment further.
I'm in the situation that I've had an offer of £410 out of £1050 after sending my lba. I’ve tried to reject it with a rejection letter and the Bank of Scotland/Halifax said that they can’t negotiate any more cases for the meantime until the OFT ruling. But I still had another two months to accept their pathetic offer if I wished.
I live in Bristol at and it looks like I'm going to have to accept it as I was just talking the courts today and they haven’t had any requests to remove the stays because of hardship accepted, that's NONE at all and various people have requested for them to be removed.
Sounds like a lovely judge or whoever makes the decisions there! As well as them putting ALL the cases on ‘Stay’ I have found out that they have knocked back all hardship requests so far!
My situation is that I've lost the good job through mental illness, I can't claim benefits of any type because my wife is a 'no recourse to public funds' stamp on her 'spouse visa' since as we just got married last year and she's from abroad and we obviously want to carry on living with each other in this country for the rest of our life.
Plus she has a standard £6.50p/h type job and I live with her so I wouldn't be able to claim anyway even if she was British.
I have rent arrears, council tax arrears, other bills arrears etc, court threats and have recently received another default.
So look like I'm going to have to accept the offer? OR would I be able to carry on negotiating the 'hardship situation' thing if I send the bank a rejection letter, detailing my situation with photocopies of my bills with lots of re letters and threats etc? I'm already late with last months rent and I have another one on the 25th and I may be forced to accept the £410 offer.
Is there a 'chance' that even if I sign for it, accepting 'Full and final offer' that I may be able to get the remainder early next year should the OFT Court Case test case thing rule that the banks have to pay out the remainder even if they have signed for it?
Obviously there's some people that are going to say to me now, "we don't know as we can't predict the future etc etc, BUT what I want to know is there a CHANCE and is it one of the things consumer groups are pushing for? As well as pay outs of bank charge history to be made instantly with interest added on top, without having to write to request for it etc etc.
Are there other people out there at are hopeful that this may happen? That those people that have been forced to sign to accept offers due to hardship may have their remainder bank charges paid to them sometime next year?
Hi Ray
First off let me say how sorry I am to hear of your situation. It doesn't sound good. I would suggest that you post this in another part of the forum as this post is not likely to be read by many. Also I am not qualified to give advice so I would suggest you try to see a Citizens Advice Bureau?
That said, my case had already been given a hearing date prior to the OFT case being brought which is why it went 'to the wire'. If you had a hearing date then you could see it through and chances are the solictor acting for them will make an offer at the last minute. If you refused this and it went before the judge my impression is they would apply for a stay - and get it.
If you had not had a hearing date set (which judging from your post you haven't) then I don't think there is anything you can do I'm afraid until the OFT case has been won.
If I recall correctly, when the banks lose the OFT case, there is a chance you can claim the remainder however please please don't take just my word for it -post this again on the general forum. There are far more knowledgable people on this forum than I.
Hi all. I have just had to take my claim to Bristol county court, as although Halifax kept writing to me saying they would investigate and get back to be before 21st February, they are, and have been just using this as stalling tactics. Im really hoping that they do not put a stay on my case, as I have had to borrow the fees from my very kind hubby!
Even though I could not afford the fees, I felt it was the only way I could prove to the bank that I was serious about wanting my money back.
The amount I claimed was nearly £6000 including interest!
I guess I will just have to wait and see what happens next.
Bristol County Court - Staying all cases
/ First Direct on Friday @ Bristol county court
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