Halifax OFT letter/claim recollection....

[donbracho]

lol they will sedn you a letter saying on a purely commercial basis and withno admissinof liability heres your money

[toto691]

I WON....!!!

 

Just checked my account, and the FULL amount is there..... suppose i shall get a letter through the post tomorrow....!!!

 

WAHOOOOOO!!!

[toto691]

Is there a list of successfull won cases SO FAR, that i can include in my costs claim upon wording: "I also enclose a list of all cases of which I am aware in which Halifax PLC was the Defendant. Every one of these cases was settled in full before a hearing despite a defence being entered by the Defendant."

I have looked, but alas, cant find it!!!

Thanks.....

[maroondevo52]

Hi, Toto.

 

If you go back to the Halifax and Bank of Scotland Forum and down at the bottom is Halifax and IF Successes. Not sure if that's what you are looking for.

 

Regards.

 

Scott.

[toto691]

Really was looking for a list thats being updated constantly, thought there would be one that i could copy and paste???

 

How would i get such list as per template snippit above - apart from clicking and copying from every thread in the won cases forum?

[toto691]

Having won my case already and it paid in full, i had forgot about my claim for costs (for my time, stationary, phone calls etc...) and i have this morning received a date for a small claims hearing date.

 

The hearing is on the 3rd August, and im not particularly bothered about this as it was just a little extra for my time, but obviously i would like to win this too.

 

Any thoughts or suggestions about attending a hearing for personal costs?

[Isiris]

Did they acknowledge the claim but settle without filing a defence

[toto691]

They settled 'for economical reasons' and 'without admitting liability'. They left it til the last minute, but didnt file a defence, they said they would, but never got round to it.

[cameo77]

Congrats to you. It's almost over. Filed today. Working now on cap 1 x 2 a/cs.

[Isiris]

They settled 'for economical reasons' and 'without admitting liability'. They left it til the last minute, but didnt file a defence, they said they would, but never got round to it.

 

If this is the case, I dont think you have any grounds for costs. You have raised a claim, they have settled. The wasted costs orders that people are applying for is when the banks have filed defences and then at the last minute settled.

 

What Halifax have done is respond to your claim, looked at it and then decided to settle.

 

Id be very carefull because you may be liable for their costs if the Judge sees your claim as having no merit, which IMVHO it hasnt.:-|

[toto691]

Hmm.... interesting perspective. I might just do the very same as the bank..... see if they DO pay up close to the court date, then cancel the case 'as settled' if they dont, just a few days before

[dolphin939]

Hi when did you file n1 and when did they pay out, i filed n1 on 23rd may and they acknowledged 1st june, was told i would get a letter of settlement last week but nothing arrived x

[toto691]

Hi all.... havent been here for a while as i won my case a while ago now, but i have just received a letter from the Halifax worded the following:

 

Dear Mr ******

Your case in relation to bank charges is curently pending before the court.

 

We wrote to you recently to make a goodwill offer as full and final settlement in relation to your complaint about bank charges.

 

As we said in our letter we believe the charges are fair, transparent and lawful. However, since we last wrote to you, the bank (along with a number of other banks) has now become involved in legal proceedings with the office of fair trading (OFT) in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges.

 

You should be aware that the bank will apply to the court for an order to stay your action until resolution of the banks proceedings with the OFT. As a result your case is likely to be put on hold until the outcome of these proceedings in known.

 

However, the goodwill payment the bank made to you still stands and you can accept or reject this offer. PLease return the attached form, in the pre-paid envelope, within 2 months from the date of this letter. You should be aware that if you accept this offer, this will be a "full and final" settlement of your complaint. This means that it is unlikely you would be awarded a further sum even if the test case indicated that you could be entitled to a potentially larger amount. Though this does not preclude you asking for repayment of any future charges if the court finds they are unlawful.

 

If you decide to reject this offer and await the outcome of the legal proceedings with the OFT you will need to return the money which we have already paid to you. We will reconsider your complaint once the test case is resolved. We can assure you (in that instance) we have registered and stored you complaint.

 

If we do not hear from you by Nov 19th 2007, we will assume that you have decided to reject this offer and await the outcome of the legal proceedings with the OFT.

 

Given the court case we have asked thr FOS not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not to proceed with cases which rely on the legal issues being considered in the test case.

 

We have asked the Financial Services Authority (FSA) to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.

 

We will keep you updated appropriately in respect of the proceedings with the OFT. You can also check the latest position on our website at Halifax Online Banking - UK Banks, Finance, Personal, Telephone & Internet Banking

 

WE can assure you that we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case.

 

Once the legal proceedings between the OFT and the banks finish, we will resolve your complaint as quickly as possible applying the )test case) principles, which may a generate larger or smaller figure when compared with the current offer.

 

As a general matter, we will ensure that your claim will not be adversely affected by the stay of your court proceedings.

 

Thanks you for you patience....

 

Halifax.

 

 

 

Now.... what do i do now...? If i ignore the letter (which is what i deep down want to do!) they will take back the £600+ that they paid to me a few months back leaving my account overdrawn (by their own doing) just before rent day, and dont want to really signed the agreement that i accept the offer as its giving them the upper hand. They paid me ALL i requested, so i cant understand why they are following it up now???! And its at the back of my mind that there might just be an extra amount awarded due to the OFT involvement (bit of compo??!) but if i dont sign, ill be in the s**t!!!!

[sea-sidelady]

I WON....!!!

 

Just checked my account, and the FULL amount is there..... suppose i shall get a letter through the post tomorrow....!!!

 

WAHOOOOOO!!!

 

 

You stated in this post you had won the full amount.

[Bookworm]

9 threads merged.

 

Am I right in assuming that this is your case for costs, not the case for charges? In that case, you have already been advised that you shouldn't have gone ahead with it.

 

You have been paid in full for your charges, you are playing a very dangerous game here. As you say, they will take back their charges and leave you stranded for a case at which you have no real chance of succeeding. My advice would be to give in now while you can, eg withdraw your cost claim and send back the letter.

 

I would also advise to report their actions to the FOS/FSA, as it seems to be a clear attempt to use the upcoming test case to coerce claimants into accepting smaller settlements. In your case, it's irrelevant, but for many others, it will be very relevant, and the FSA need to know that the bank is abusing the test case, it could help overturning the waiver due for review shortly. The review is due end of September, so time is of the essence.

[toto691]

I can only assume that its a general follow on, because the case for costs (which i actually forgot to cancel) went through without either party at court, so i was sent to a standard ruling on my behalf - and wasnt awarded a thing!

 

This letter came from now-where. I appreciate i won everything i went for, but its just that i dont really want to sign anything, and give in to their ways.... especially as they word it 'without admitting liability' etc... I want them to admit it!!!

 

I wonder how many other people are being contacted by this very same letter?

 

Maybe i should just sign it and send it in... after all, ive got back everything i asked for.