Purple v Halifax

[purplerain]

Well the postman as been and still nothing.

Should I wait or ring the court?

Purple X:)

[crocodiles]

Hi Purple,

Ithink that you should definately give the court a call at the end of play today.

I'm sorry for my laziness - I haven't checked back on the history of your claim as I'm using my phone instead of my PC - I can't remember if you used mcol or N1.

If mcol, your claim status will be updated if they have aknowledged.

Either way, don't push for judgement until tomorrow. That way, you have given halifax the fullest opportunity to respond.

 

I think that you may have to put aside some of your'winnings' for an intense manicure session!

[Aaronsdad]

Hi, someone PLEASE correct me if I'm wrong. BUT, the way I see it.

It was deemed served 6/11

so, add 28 days = 34/11 = 4/12

 

They have until then to file a defence in court. This would be the defence that we all know they are not going to submit - the actual amounts of admin etc.

 

SO! We are all in a state of limbo, but, having read as much as I have read so was/is everyone else. I, too am absolutely bricking it, but there is an end and your light at the end of the tunnel at the moment is 4/12/06 without any more action from you!!

Sit back, relax, enjoy, then lend me a tenner!!

 

A D

[purplerain]

They have not aknowledged the claim. If i'm right they get 14 days from the date of issue which was Monday 6/11/06 to aknowledge. If they had aknowledged the claim then they get the 28 days to file a defence.

 

Anyone?

 

Purple x:)

[aardvark the lecturer]

Thats correct. If not acknowledged in the 14 days then you can apply for judgement.

[purplerain]

Just a quick up date, rang the court yesterday 22/11/06 to find out if Halifax have acknowledged my claim and yep they have, so just waiting for the letter to arrive now.

Purple X:)

[aardvark the lecturer]

I'm overdue to file on my contractual halifax claim but been manic, should get time to sort today though. I have barely recieved any correspondence from them at all on this claim though!

 

Hope you get a settlement letter in a few days, like they have been doing with non-contractual claims!

[purplerain]

Received a letter from the Halifax saying that they will pay back the charges + 8% interest + court costs but will defend the contractual interest.

I have seven days to reply.

So what should I do? Anyone

Purple X:)

[aardvark the lecturer]

It's easy for me to say, but I think you should refuse in full.

 

I don't see them suddenly going to court to defend their charges, that's unlikely to happen and the contractual argument is sound.

 

I advise against any kind of part settlement that fully pays off the charges though, it could be J2B all over again!

 

Like I said, it's easy for me to say when it's not my risk but thats my opinion.

 

Good luck and let us know what you choose to do.

[ab123uk]

i thought the 8% was the contractual interst?

 

ignore me please- i've just read Bankfodder's thread

[neilbass]

Hi Purple

 

This sounds very familiar - in our case we did say we would accept as partial, as recommended elsewhere, and they did indeed repay the full amount excluding the debited overdraft interest to our account.

Their submitted defence clearly states they don't consider this amount repayable.

 

Just be careful though as with ours they also then sent us a letter saying 'thank you for accepting in full and final settlement'.

 

We are currently awaiting a court date (or settlement of course! ).

 

Good luck and hang in there!

 

(morris v halifax by the way if you want to read the whole tale)

[purplerain]

Hi all, been doing loads of reading and have decided to accept their offer as partial settlement and will continue with my court claim. Sending this letter tomorrow.

Response to settlement offer

Dear Tracey Jones

Roll Number

Court Claim

Thank you for your letter dated 21st November 2006.

I will accept the sum offered only as part settlement and on the clear understanding that I am pursuing recovery of the remainder of my claim against Halifax Plc for Unfair Penalty Charges.

I request, once again, that you return to me all charges imposed on this account, including interest and costs.

 

I trust this clarifies my position.

 

 

Yours faithfully,

 

Does it sound ok?

Will keep you updated

Purple X:)

[aardvark the lecturer]

Hi Purple,

 

not been on for a few days and frantically trying to catch up on all the news!

 

The letter looked fine, have you had anything back from them regarding this?

 

Still trying to get mine up to speed and make time to go and file at court but hoping to get in on Monday to do it.

[purplerain]

Hi all, At last I've found some time to give an update. Well I sent the letter and the bank have paid some of the money into my account, which I said I would accept as part settlement. Then a few days later I received a letter saying that they are going to enter a defence for the rest. Will let you know what happens

Purple X

[c_allen]

hi purple, i'm in exactly same situation. 'm a bit worried how far they will go if all they are defending is the contractual interest. also they've paid in 'interest charged on account in respect of charges' and we aren't sure what that means? have you sent back your allocation questionaire or heard anymore from them?

[purplerain]

Hi c allen, Yep I sent back the AQ just before Xmas and have heard nothing more as of yet. I'm not worried yet will keep you informed if i hear any more.

Purple X:)

[purplerain]

Just to let everyone know that nothing as changed, I've heard nothing so just waiting

Purple X:)

[sea-sidelady]

That sounds like a long wait

How long does it normaly take once the AQ has been sent back????

[purplerain]

Well it's been a long time since I've updated on this thread.

But I have some good news to share I should have been going to court on the 2nd May to fight for the contractual interest. But to my surprise on Saturday morning a letter arrived, saying,

 

The defendant has settled the claim in full on commercial grounds without admission of liability.

 

so that means they paid me the contractual interest, without a fight. It had gone into my account and I had not noticed.

 

I think I'm still in shock:eek:

 

 

I WON:)

[sea-sidelady]

CONGRATULATIONS...!!!!!

 

Thats fantastic. Happy spending.... :D

 

Glad you got there in the end.

[purplerain]

Thanks sea-sidelady, It feels good

[c_allen]

well done, i had the same happen to me, i was due in court on the 3rd, got a phone call on friday saying the'd pay, but still no cash in the bank though , mine was just for the C/I, they'd already paid me the charges back in novembermso it was a nice suprise

congratulations