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    • Post #9 suggested some options to avoid or put off having a smart meter. Post #12 a simple solution to your complaint about the ay they handle fixed monthly DD. It's not really clear why you posted if you're going get irate when members "jump in" with suggestions. You can see what I'm referring to on "gasracker.uk" to allay your suspicion that I was lying in Post #16 which was made to correct ther misinformation shown in your Post #15
    • Back to octopus from the smart meter/tariff salesperson. Octopus have now said just ignore the letter - I dont have to have one despite there letter implying (at least) it was required, but that i will HAVE to have a smart meter if current meters stop working as 'their suppliers dont supply non smart meters any more'. They also say they do not/will not disable any smart functionality when they fit a smart meter I am of course going to challenge that. Thats their choice of meter fitter/supplier problem not mine
    • Point taken that we should inform new Caggers that the £20 option is there in wrong registration cases.  Well, supposedly there, who knows what the PPCs would do in practice.  Anyway, the option is allegedly there with both the BPA as you say, but also the IPC (I've just checked). However, there's a danger here of baby, bathwater. The two easiest types of cases to win are (a) residential - due to Supremacy of Contract and (b) wrong registration - due to "de minimis".  Indeed until recently we has been boasting that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing. We simply can do nothing about a terrible judge.  The judge seems - I say seems because we haven't had all the details - to have ignored "de minimis",. got fixated on a sign and awarded unreasonable behaviour costs.  A totally bizarre judgement.
    • You mean your witness statement 
    • That may be your personal claimed experience I said i didn't want smart meters - you jumped in to recommend smart meters I quite clearly indicated I was happy with being in credit to maintain constant payments - you suggest paying what I owe every month I quite clearly indicated I was happy with being in credit to maintain constant payments - you suggest a variable tariff - even if its one that only varies on a daily basis rather than half/hourly - with prices higher in winter when you need it and lowest in summer when you need it least   politeness ends with: - I'm NOT interested in any smart tariff I see, You are pushing your smart meter + variable tariffs in the wrong place - try pushing them somewhere 'nearer to home'  
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Successful Claims


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Halifax settled in full £2369.00 without even filing court papers.

Prelim sent for 2 accounts on 10th January 07

LBA sent on 26th January 07

 

TELEPHONE CALL RECEIVED ON 5TH FEBRUARY SAYING THEY WERE GOING TO DEFEND THE CHARGES, WOULD I ACCEPT A GOODWILL PAYMENT OF £100.......OBVIOUSLY NOT, STATED I HAD RESEARCHED THIS PROPERLY AND I WAS ENTITLED TO THE FULL AMOUNT, SHE PUT ME ON HOLD FOR 30 SECONDS AND SAID OK FULL AMOUNT THANK YOU VERY MUCH!!!!!!

 

Really cant understand how they worked this one out, maybe the ever decreasing penny has dropped that its costing them a bomb in court fees.

 

HURRAH HURRAH HURRAH................... THANKS EVERYONE :p

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Hi, I have been tackling the halifax for a claim of £10,500 after them taking nearly 4 months to give me a statement of charges. After my first claim letter they used a delaying tactic with a standard letter ssaying they were dealing with my complaint. It took a further 2 weeks and I was just about to threaten court action when I got a phone call offering me 4,500 to which I refused and immediately offered me another £700 (£5.200 in total). After putting the phone down and expecting the offer in writing the next day I thought this was not enough so 2 days later I phoned them back ml-thumb-spin2.gif and suggested this was not enough and they asked how much did I want, asked for £9,000 and they offered me £8,000. It then took them a week to get this offer out to me in the post and say It will take 7-10 days to get into my account after they have recieved my acceptance.

Have I done the correct thing and does anyone have advice as to weather I should have held out to ask for the whole lot with interest, as they said there was no way I would get with interest. I'mpretty pleased with how i negotiated on the phone as I felt they were getting pretty tired of me calling direct to the negotiater.action-smiley-033.gif £8,000action-smiley-033.gifsport-smiley-001.gif

Be good to hear from anyone who has similar experience with Halifax.

Joanne

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Hi, I have been tackling the halifax for a claim of £10,500 after them taking nearly 4 months to give me a statement of charges. After my first claim letter they used a delaying tactic with a standard letter ssaying they were dealing with my complaint. It took a further 2 weeks and I was just about to threaten court action when I got a phone call offering me 4,500 to which I refused and immediately offered me another £700 (£5.200 in total). After putting the phone down and expecting the offer in writing the next day I thought this was not enough so 2 days later I phoned them back ml-thumb-spin2.gif and suggested this was not enough and they asked how much did I want, asked for £9,000 and they offered me £8,000. It then took them a week to get this offer out to me in the post and say It will take 7-10 days to get into my account after they have recieved my acceptance.

Have I done the correct thing and does anyone have advice as to weather I should have held out to ask for the whole lot with interest, as they said there was no way I would get with interest. I'mpretty pleased with how i negotiated on the phone as I felt they were getting pretty tired of me calling direct to the negotiater.action-smiley-033.gif £8,000action-smiley-033.gifsport-smiley-001.gif

Be good to hear from anyone who has similar experience with Halifax.

Joanne

 

Dear Jo

 

You are claiming £10,500, they are offering to settle for £8000 therby saving themselves £1500 - who can afford to lose that amount more - you or them.

Does the £10,500 include interest - if it doesn't add 8% to that, which would be at least another thousand.

However, having said that, if you are happy to settle for £8,000 then thats fine

 

Richard

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Hi

I have just had a phone call from the Halifax before submitting court papers. I was claiming for just over £7500, they offered £5500 and I agreed to settle for £6500. I know it's a bit less than I was owed, but I am more than happy with that for the sake of a couple of letters.

Thanks to everyone for their support.

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I won by default on the 01/02/07 and after much messing around and then threatening them with a warrant of execution today they have just paid up!£2865.55!Thankyou to everyone on this site for the help and advise I got.Contrabution on it's way!

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halifax have offered me the FULL amount of charges (£672) today after the first prelim letter, but not the contractual interest i was also asking for (another £1900).

 

shall i accept this or carry on to court for the contractual interest (the lady on the phone said she could not see the reason for this and on what basis i am asking for it).

 

if i take it to court, and ask for stat 8% as the alternative, they will say we already offered him the full amount after only one letter so he is being greedy now.

 

what to do?!

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Hi Everyone,

 

Today I received £2700 from Halifax, the full amount!!! So I have now paid off my overdraft and am in credit for the first time in a long time! It has been really worth sending the letters and making a claim on the moneyclaim website, seems to do the trick! They paid money straight into my account today (the deadline) ! The best Valentines day ever i think!!

Good luck everyone, and dont ever give up!

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Tifo.... i'm not sure what the contractual interest is... but i know that the 8% interest can only be claimed if the bank dont make an offer or offer less than the charges were.....as that is when you would start your court claim. If you have been offered the full amount then I would accept.... i dont think that happens very often!! Unless anyone else knows about the contractual interest issue....?

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contractual interest seems to have some basis in law based on the UTCCR's 'fairness and balance'.

 

However, some users on here think not, and some users say definitely, so since i have been offered the full charges after only one letter, i don't want to spoil this.

 

However, if i refuse and take it to court, the judge may allow the unauth rate or the auth rate as an alternative.

 

I may get more than what i am being offered, as interest is another £1900.

 

So, decisions .....

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Hi

 

Halifax had acknowledged their intention to defend. However, it looks like they have paid into my account the full amount claimed plus my court fees. I had asked for interest in the particualr of claim (having worked out the daily rate of interest) but that amount was not included in the amount claimed for section of the claim form. Ididn't know whether to add the amount on so i didn't. Do you think I still have a chance of getting it and they have simply not realised.

 

Any advice of what to do next would be appreciated.

:)

Yay I won though! Thanks to this site.

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HiCan you pop us in the successful claims section please! Our thread is Mr&Mrs-v-HalifaxThey settled over phone today (paper work pending of course) for full charges at £1933 and £250 towrd interest we would have claimed had we issued court papers on Friday!! Lets hope they stick to their word!Thank you so much...we are really pleased!

Mr&Mrs

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Hello all!!! after offering me 75% of my claim (£254) difference i phoned them and told them that i would pursue the remainder in court then eureka..... got offered my full asking price (£1629) there and then!!!

Im soooo happy but will keep grounded til my money goes into my account (14 days remaining on LBA). Thanx to all on here, but im not going yet as ive started claim no.2 with the Abbey!!!

Will donate as soon as i have the dosh!!

Good luck all and DONT give up!!!

Love Traci:p :p :p

Halifax... claimed £1629 feb 2007.

Abbey..... started claim feb 2007.

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Just a quick note hope it helps, my partner and I have both just settled with Halifax over the last two weeks and they seem to have adopted the following 'script' for 'negotiating'.

 

They start with a lot of blather about how their charges are fair and within the terms and conditions etc etc. They also have talked about OFT investigation into credit cards etc etc and that they are willing to give you two years worth of charges (both times less than 50% of the claim). After now having spoken to them twice I have found the following to bring the conversation to the appropriate conclusion (i.e. paying the full value of the claim).

 

Tell them from the outset that you will accept a goodwill payment but only under the understanding that you are accepting it only as partial payment and will issue a claim for the remainder - both times they have said this is unsatisfactory for them - stick to your guns.

 

They will then try to get you to put a figure (e.g. £12) on what a reasonable charge would be - don't get into the argument - tell them that you are willing to pay for any costs they have incurred that they can prove. They will say that they are not willing to give you this information as a matter of policy, confidential commercial information etc. Tell them you understand that, but should it go to court they will have to prove it to the court or fail in their defence and thus incur extra costs and interest.

 

Both times for us they have at this point said that they are willing to pay the full amount of the claim with the usual provisos about this not being an admission of liability, all future charges will stand (we'll see) and that they reserve the right to close your account if you mismanage it (so nothing actually new there).

 

Then they will send you a letter, which once signed and returned will get you your money back quite quickly. Again, I hope this gives you a better idea of what you can expect. Obviously they may well change/vary things but it all boils down to the same at the end of the day.

LBA Issued against Halifax (2 accounts) 02/02/07

Still waiting for info on Halifax CC (due 16/02/07)

Contemplating action against NatWest (more than 6 years)

Contemplating action against Direct Auto Finance (PPI mis-sold)

 

Partner

Rec'd info (incomplete) from Halifax 02/02/07

 

Any opinions or arguments I state are purely my own personal opinions and are given purely in the spirit of debate, argument and personal information. If you are in any doubt as to your legal position you should always seek professional advice. Of course, always look for free professional advice from appropriate organisations:).

 

If you are in Kent, check out the law clinic run by the University of Kent at Canterbury and also at Medway.

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have Halifax paid anyone charges + contractual interest?

 

they have offered me all my charges back but NO interest which i asked for at the unauth rate of 29.8% which adds £1900 to the claim.

 

the lady said this is all we can offer, plus stat 8% interest and costs if you go to court, so they are accepting they will pay it at court stage. Stat will add only £250 to the claim.

 

any advice on what i should do as they will say to the court we offered all the charges back but they haven't offered what i asked for in my prelim letter.

 

or should i write to them with a revised offer? i'm asking for £2581 back, they've offered only the £672 charges.

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has anyone won for more than 6 years? i am claiming back to 1991 and in court on 23 march

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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has anyone won for more than 6 years? i am claiming back to 1991 and in court on 23 march

 

Hi

 

It may be best to start your own thread because then you will receive more help on an individual basis but, in the meantime - have a read through this thread because you may find it very relevant/interesting. The important part to note IMO is that the bank dropped it's limitation defence!!

 

http://www.consumeractiongroup.co.uk/forum/post-557273.html

 

Hope that helps

 

Sarah

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have Halifax paid anyone charges + contractual interest?

 

they have offered me all my charges back but NO interest which i asked for at the unauth rate of 29.8% which adds £1900 to the claim.

 

the lady said this is all we can offer, plus stat 8% interest and costs if you go to court, so they are accepting they will pay it at court stage. Stat will add only £250 to the claim.

 

any advice on what i should do as they will say to the court we offered all the charges back but they haven't offered what i asked for in my prelim letter.

 

or should i write to them with a revised offer? i'm asking for £2581 back, they've offered only the £672 charges.

 

I am basically in the same position as you insofaras I have received part payment of charges + 8% stat + court costs directly into my account but, the bank will not pay the contractual. I have decided to carry on with my claim and have made it clear to the bank that I have accepted the amount as part payment of the whole claim only and that it is not up to them to allocate the amounts.

 

but

 

That is my choice as an individual and I know that it goes against what some of the mods and other posters are now suggesting. So, I guess what I am saying to you is that you have to make an informed decision which you are comfortable with. I would suggest reading around the contractual interest threads but, the subject just seems to get more, instead of less confusing. There is no definitive answer to this I am afraid - only individual recommendations.

 

Hope this helps- although I am afraid it won't much - sorry

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i do have my own thread - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/44416-wilkins-halifax-6.html

 

but if you ready my question, i am asking about our people who have had a success claim over 6 years!

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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Success for me too today. Only had to send the initial letter without any follow up.

 

Offering me £1383 which is about £90 short of what I'd claimed so I will be accepting. Thanks everyone for all the advice, once the settlement is received I shall make a wee donation to the site too.

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have they offered just the charges or interest as well?

 

i ask because they have flatly refused to pay any interest but have offered 100% charges back after prelim letter.

 

So i don't know whether to take court action?

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