MrShed v Halifax Card Services

[legalpickle]

Hi MrShed,

 

Have you been in correspondence with Halifax about the issue since that final response?

 

 

If yes, when was the last response. I personally would call the FOS and speak to an advisor, ask to speak to somebody in the PPI team. Explain what has happened.

 

I don't know your personal situation, but if you have not accepted the final response and written back and forth several times since then and seriously need the cash, then the FOS may accept the case.

 

As you have it in writing from Halifax that you never signed up for the PPI your case should be pretty simple. I disagree with butty_a that the courts try to put people back at the status quo, that is what the FOS does and gives small amounts of compensation for it.

 

The court gives you what you are legally entitled to. You are entitled to 8% interest per annum, at a statutory rate, at minimum. In such a case where the error is nothing less than incompetence [note: I am not - god forbid - calling Halifax incompetent, only that such behaviour is incompetent, whoever it was carried out by] I can't see your case losing and think that Halifax would be stupid if they didn't settle if you sued them for it.

 

And if you do issue, and issue against the Scottish address, then don't forget to insert the disclaimer about jurisdiction [if you're in England, Wales or Northern Ireland] which is:

This court has the power under the Civil Jurisdiction and Judgment Act 1982 to hear and determine the claim with regard to person domiciled in a part of the United Kingdom (Schedule 4, Article 3 52(1) no proceedings involving the same cause of action are pending between the parties in Scotland, Northern Ireland or their convention territory of any contracting state as defined by Section 1(3) of the Civil Jurisdiction and Judgment Act 1982 (as amended by Section 2(5) of the Civil Jurisdiction Act 1991).

Without this the case will be struck out!

[legalpickle]

As for legal pickle, if MrShed won and was awrded the money owed plus the 8% then that I thought would be the status quo, thats the position they would have been in had halifax not taken the PPI. I might be using the term status quo wrong but the courts should decide an outcome on the evidence given and in this case, then put it right by awarding hopefully MrShed, MrShed gets his monewy back and halifax lose the money, with the interest there to re-address halifax's temporary gain and MrSheds temporary loss.

 

Either way there is more than one way to skin a cat and legalpickle (who cleary has more experience than me) has suggested another option which you wasn't sure you could do, this may negate the need for a court appearance but I dont know how the FOS works.

 

But adding interest doesn't necessarily take a person back to the stage they were, it could put them in a better situation or a not as good situation. For example if MrShed claimed statutory instead of contractual interest, then he would be worse off.

 

Bottom line: The court doesn't look at putting the Claimant back in the same position as they were beforehand, only what is claimable at law. If that puts the Claimant back in the same position as they were without this hassle, then great, but if not, tough luck.

 

The FOS looks to do this on all occasions, even though some of their decisions seem to me to be blatantly in favour of the financial institution, though in MrShed's case, I fail to see how that would happen.

 

Re: Going to the FOS. It's worth checking into and seeing if it's an option. I personally would take court proceedings wherever I can, but that's me and a lot of people would rather not if they could avoid it. It's not definite that they will refuse it despite the delay. If MrShed can show he was in communication with them beyond that letter trying to settle the matter, because he considered that they had made a mistake, then they may take it on.

 

I had a case with Lloyds. The original deadlock letter came 9 months before I referred it to the FOS, but till about 3 weeks beforehand I had been writing back and forth to Lloyds.