Thurley vs Halifax

[sthurley]

Damn nothing again!!!.....c'mon halifax you know yuor just delaying the inevitable..

[sthurley]

and again nothing!!!, even had a letter from Hellifex and it was just a promotion!!!!!

[bearo]

They have 28 days now to enter a defence! Read up on the next stage which is you filling in an allocation questionaire, a template for which is in the library, read some longer threads too to prepare yourself for what to expect in terms of defence!

[sthurley]

Hi SHaz,

 

Thanks, Ive been through Jonnies guide for AQ and Ive downloaded the court bundle, have briefly run through that.......fingers crossed theyll pay up before, but if not Im gonna be fully prepared...

 

Sean

[bearo]

excellent! well done!!

[sthurley]

Well its finally arrived, got a letter saying they would pay the 6 years but not the 12 I was claiming....darn it!!! Anyone any ideas if they would actually take the issue to court if I was to only except the offer as partial payment???

 

But anyway Im well chuffed!!!!!!

 

Thanks to everyone so far for there help......bring on Lloyds!!!!:grin: :grin: :grin:

[DoctorWhat]

Well done! Got my letter today, too.

[moses]

Hi Sthurley,

 

I am claiming for 8 years & got the same letter as you on Wednesday I need to reply within 7 days as to whether I acceopt the 6 years or wish to go for the extra 2( which have most of the charges on!)

 

Am waiting for some advise from here will keep you posted

[sthurley]

Thanks Moses, Ill keep an eye out and see what advice comes up.....

[sthurley]

Well Ive decided to push the matter and not except the offer of 6 years and push for the 12 years......they have until 16 Nov to file defence......:grin:

[crashbandicoot]

Got it - will keep an eye out now

[moses]

Hi Sthurley

 

just wondered how you replied to the offer & the intention to go after the remainning 6 years?

did you just send the letter from the template library?

 

am struggling a bit in spain here as we've just moved house & it's pretty hectic don't have the time to just sit at the laptop & get my head straight at the mo so any help would be great many thanks

 

a very stressed

[sthurley]

Hey Moses,

 

By the time I made up y mind it was to near the 7 days to reply deadline, so Ive just left it......they have until the 15th Nov to file there defence or ill apply for judgement by default...

 

What are you doing are you pursueing the more than 6years amount??

 

Sean

[moses]

hi there,

 

I had a letter like you offering the 6 years worth but not the extra 2 years I was claiming back.

as most of the charges were on those 2 years don't feel like accepting the offer but like you i've left it too late to reply ( the 7 days is up today) I've been busy moving house & took a while to sort the internet out etc etc... (it's a bank holiday here so everything stops) so I'm just going to leave it & see what happens!!!!

 

will keep in touch as i think i'm just ahead of you

 

keep calm:D

 

(i'm trying to:cool: )

[crashbandicoot]

Guys don't feel pressurised by the bank's deadlines and stick your own. Your claims have been served and it's up to them to come up with the 'goods' on YOUR terms, not their's. I'd like to see them defend the fact that they've concealed the true cost of their charges even up till now, which is an argument in itself against their take on the statute of limitations.

 

Stick to it

[moses]

Well you'll never guess what ! the halifax have only gone & paid the 6 years charges into my account- I'm panicking now as their letter said "unless you can prove evidence of this further loss the halifax will file a defence in respect of this part of your claim.Please confirm,within 7 days, that you are willing to settle your claim upon these terms.I haven't contacted them at all.I will arrange for £xxx to be refunded to your account"

 

I'm not touching the dosh but should I now let them know I'm continuing with the 2 extra years claim & do I need to inform the court?

 

Also they have paid the 8% interest figure as at the date I sent my schedule to them when I filed the MCOL (11th oct) should they not pay it at todays figure?

 

And they haven't refunded the £10 S.A.R - (Subject Access Request) fee although I haven't mentioned it anywhere on my claim as I didn't know where to include it? Duh! Would still like to know for when I have the courage to tackle the Abbey for my hubby!

 

any ideas as to next step anybody???

Pretty please:oops:

[crashbandicoot]

Moses, I'd be tempted to send a rejection of settlement offer, saying you'll accept what's paid as partial acceptance on the clear understanding that you'll pursue the rest in the court claim currently running. You can also mention to them that the case will be deemed settled by YOU when they pay the remainder. They should pay you the 8% and daily interest when the case is settled, and as far as you're concerned it's not settled yet.

 

You can also contact the court for advice, letting them know Halifax have made a partial payment (even though you didn't request it) just so that you're keeping them informed too. I think it's not the first time Halifax have done this. As far as I'm aware neilbass is in a similar situation.

[sthurley]

Just checked mine moses and they havent payed me anything, but I would defo get a partial exceptance letter out just to cover yourself, although reading my letter it says, 'PLease confirm within 7days that you are willing to settle your claim upon these terms. Upon 'reciept' of your agreement we will arrange for £1728 to be refunded....

 

So they shouldnt pay if they dont get an agreement from me, is yours worded the same???

 

Sean:grin:

[moses]

Hi Sean

 

Yes my letter did say please confirm within 7 days (which I haven't done )& then "upon receipt of your agreement I will arrange for £dosh to be refunded to you r account"

 

It's a tad difficult for me to reply yet as my hubby is over here in Spain as we just moved house.He goes back on Saturday night & I need him to be in England to post the recorded delivery letters for me so I guess I'll have to hang fire till next week.

I might try to email the court in Northampton though & let them know I've had a partial payment & see what they say

 

will let you know & I'm sure they'l try the same with you but I'm not giving up for sure!!

 

Take care8-)

[sthurley]

Hi Moses,

 

Well Ive checked today and still nothing, what date can you claim by default??

 

Ta

 

Sean

[Guest bluecloud]

The bank have 14 days from the date the claim was deemed served to notify the court that they intend to defend the claim. If they do not notify the court within 14 days you can apply to the court for the judgment to be entered "by default". If this happens then you need to visit the court ASAP as a defendant is still able to enter a defence at any time before you request the default.

 

Once the court is notified of an intention to defend the bank have 28 days from the date the claim was deemed served to either file a defence or settle the claim. If they do not file the defence within 28 days you can apply to the court for the judgment to be entered "by default".

 

Sounds complicated but it isn't really.

 

 

.

[moses]

Hi bluecloud

 

I know it's Sean's thread but just a quick question- can you tell if the bank has filed a defence from the MCOL site or will you just find out from the court by post?

 

cheers

[Guest bluecloud]

Assuming that MCOL keep everything up-to-date then you should be able to find out when the defence is filed just by looking up your claim.

 

Don't forget that it can take a couple of days for the defence to be filed as the banks do like their paper-trails.

 

 

.

[moses]

Hi sean any news about your claim?

[sthurley]

Hey Moses,

 

Nope still quiet!!!....nothing at all, Im just hanging out for the 15th and see if I can get it by default......hows yuo, heard anything yet???

 

 

Sean:-)