Challenge accepted! **WON**

[keithp]

I calculate that the Halifax have imposed charges on my account totalling around £250.00 over the past 6 years. I have followed the guidance on this forum and after my initial claim letter was offered £90 as a full and final settlement. Following the guidance I found on this site I then sent an LBA again requesting the full amount be refunded. I have today received another 'full and final' repayment offer of £188.00 within one week of sending my LBA.

 

My question is as the title suggests do I accept still being around £60.00 short of the full amount and consider myself to have avoided the need to go through litigation procedures? Or, do I again write back stating that I want the full amount or else serve a court order?

 

I appreciate your help - would also appreciate some help with my other query titled ' unauthorised direct debit' (relating to both the Halifax and Npower)posted in the general consumer issues forum (shameless plug I know but it seems everyone is reading it but no-one has any suggestions!! Come on guys gizza clue!)

[Tinkerbelle]

Well it's up to you.

 

You can file at court or let them take money that belongs to you. 8)

[alexliverpool]

Why dont you give them a call and tell them that your about to file a claim for the full amount unless they pay the rest. They will probably say yes and pay. Its worth a try then you can decide then whats best for you.

[keithp]

I have taken the advice offered and again gone back to the Halifax stating I am only prepared to accept their offer as part payment. I have again re-iterated my intention to submit a claim against them. I have since received a response stating that they are unwilling to increase their offer (the tone is quite terse and doesn't even make clear if the offer still stands!). They have also kindly enclosed a financial ombudsman leaflet. I now intend to go ahead with Moneyclaim submission. It has now been around 21 days since my LBA - is the delay in my submission likely to affect my prospects of winning and obtaining a full refund?

[barracad]

It has now been around 21 days since my LBA - is the delay in my submission likely to affect my prospects of winning and obtaining a full refund?

 

No.

[keithp]

I am in the process of completing a claim via Moneyclaim having been offered almost £100.00 less than the amount owed to me by Halifax Plc (a paltry amount I know compared with many other cases on this site - but MY money nonetheless!!)

 

My claim amounts to £283.00. With interest the amount becomes £350. I note that the costs for applying for the claim rise to £50.00 with any amount over £300. My question is if as appears most likely they agree to settle having received the claim will they also refund my costs or would I only get this back if I have my day in court! Also does the same apply to the amount in interest I am claiming i.e. if they settle out of court can I would not get this either?

 

Any help is greatly appreciated.

[Guest NATTIE]

Yes once you file it is court costs and the amount you are claiming.

[keithp]

I have gone through all processes as outlined on this very useful site. After my initial LBA I was offered an initial £90.00 of the almost £300.00 I calculated was owed to me. As advised I agreed to accept as part payment only. They then offered me £188.00 again I accepted as part payment only and notified my intentions to take court action.

 

I have now done this and my claim with interest and costs amounts to around £400.00. Comparing this relatively paltry amount with other claims on this site I was somewhat suprised to receive confirmation from the court that they intend to defend the case in full. Are they bluffing and trying to prevent me from sticking to my guns or are we really likely to meet in court? If so is there a definitive guide that may help me prepare my case?

 

Apart from the usual info re the OFT ruling etc I have one or two 'aces up my sleeve' re the Halifax's mis-management of my account. Should I write to them threatening to expose these in court in the hope that they may rethink and settle or simply wait for the 'big day' - any advice would be appreciated.

[Josamolly]

keep them as your jokers.. just prepare your court bundle, in the library, but i'm sure they will just settle...as with the other 3015 cases!!!

[ADAMANDNICOLA]

good luck with youre battle...

you are in a similar postion to us at the moment and starting to get worried..

please let me know how you get on>>>

 

goodluck

[bearo]

Dont worry you are doing everything correctly so far, my guess is they will settle soon, halifax seem to be a bit quicker than most at settling but please be aware they it always might go to court, you need to prepare for that, read up on the next stage of the process should you need it which is filling in an Allocation Questionaire, (all details are in the templates section)

[keithp]

Thanks for the 'heads up' guys. Has now been 10 days since I filed my MCOL application and around 5 days since Howard and his gang took up the challenge - would prefer a settlement without the need to knock his glasses off in court but we'll wait and see. Will keep you posted and will also get revising via the templates section.

[keithp]

:grin: :grin: :grin:

Received letter over the weekend. Something along the lines of 'Halifax wishes to defend your claim. However it is not considered financially viable to defend this..... Therefore without admitting liability Halifax agrees to repay all charges plus interest and refund court fees - Woo Hoo!!

 

Perseverance pays off.

 

They simply want to hold out a long as possible to see if you if you lose your nerve and accept their offer of settlement. Don't do it guys - follow the excellent advice on this site and take them all the way!!

 

Let's all give'em Extra until they clean up their act and stop charging!!

 

Now off to make a donation - thsnks all.

[Spuddy]

:grin: :grin: :grin:

Received letter over the weekend. Something along the lines of 'Halifax wishes to defend your claim. However it is not considered financially viable to defend this..... Therefore without admitting liability Halifax agrees to repay all charges plus interest and refund court fees - Woo Hoo!!

 

Perseverance pays off.

 

They simply want to hold out a long as possible to see if you if you lose your nerve and accept their offer of settlement. Don't do it guys - follow the excellent advice on this site and take them all the way!!

 

Let's all give'em Extra until they clean up their act and stop charging!!

 

Now off to make a donation - thsnks all.

 

Nobody honestly believes banks will ever stop charging, they are businesses afterall and provide a service. All we want is for them to stop disproportionately charging and to stop taking advantage of vunerable people in financial difficulty. How many people would be in this situation and would this site even exist if say Banks charged £2.50 for being Overdrawn, Unpaid DD's. etc etc.

[Tinkerbelle]

Well done and congratulations!

 

Don't forget to complete the survey!

[ADAMANDNICOLA]

congratulations

 

The battle finally won!!!!

 

i bet you slept well that night!!

[miranda300]

Hi I am new to all of this and have just read all about your charges from halifax.

I am in a similar situation and was hoping for advice.

About 4 months ago I was £12 pounds over drawn and due to this they charged me £30. To cut along story short, due to them charging me for being over drawn they were then adding on more charges for me being over drawn because of their charges. Everytime I thought I had cleared the charges there would be more. In total I have paid them £600 in charges alone over 4 months.

Any advice would be very much appreciated.

Rand.