Libby yet again -v- Halifax(more help needed)

[hillards]

Apart from speaking to them to try and sort out just what they think they've done I cannot suggest much more.

 

You are clear what your claim is, the amount they owe, and the period it covers. You may have had a previous settlement, but that is seperate to this claim. Obviously you've not duplicated any of the charges already claimed, so what on earth are they playling at?

 

If all else failes, follow through to court. The usual scenario is that they'll pay up anyway, with a letter stating that they don't accept any liability but it's easier for them to cop out like that.

 

If needs be, after the phone call, write to them and reiterate that you have not accepted their offer and that the money they've paid it only a partial settlement, you will persue the remainder.

 

They don't normally pay anything out unless a) the 8 weeks they give you in which to be 'happy' with their offer' has elapsed or b) you send them a signed acceptance form. If the claim is ongoing they tend to withdraw the first offer.

[sallysas]

You are the 2nd thread I have come across where Halifax have paid up and said that is their final offer. Don't let them push them around. If you had claimed for the same period twice I am sure they would have let you know. But you would not have done that. Go to the Bank Templates Library and find the 'Rejection of Settlement Offer' and send that. How lovely that they have sent you money in advance before you have accepted. Is this because your birthday is due? Didn't know they were a philanthropic society. Who swallowed that dictionary? Sally

[libby1711]

Well the next installment is i now have the defence from Halifax from the courts it says that i have to fill in a questionaire and take it back to the courts along with £100.00 has anyone else had to do this please really frightened now.

From a really really worried Libby:o :o

[sallysas]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[sallysas]

See above. This will give you all the information you need. Perhaps it would be an idea for you to read up on next stage just in case. Not long to wait now. Sally

[libby1711]

I am a lot worried how many people have actually been to court and won, or worse lost

Worried Libby

[sea-sidelady]

Hi Libby,

I dont know anyone who has gone to court, but the nearest i have found is this one, I have been following this thread.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank/44416-wilkins-halifax.html

[sallysas]

But you are not on your own. There are 100,000 people here to help with specifics. Do the Questionaire and if anything is not clear you can ask here. If you were doing it wrong would you have got this far? I am going to file my N1 on 01/02/07 and I bet I will have questions. For whatever reason they are taking it to the wire.

 

UPDATE

 

Sent copy of my AQ to SC & M following their request just before Christmas.

 

No surprises on their AQ!!

 

Have today received the following letter from Newark County Court:

 

 

 

 

 

 

General Form of Judgment or Order

 

To the Claimant

 

kazzaw

 

 

Before District Judge ................. sitting at Lincoln County Court.

 

EX PARTE

 

IT IS ORDERED THAT

 

The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.

 

Dated 28 December 2006

 

 

 

I assume they won't be sending the Schedule within 14 days so will the Judge then order them to pay up?

 

Is this happening a lot across the country or have I stumbled upon a good Judge?

 

Take a look at this. Everyone should read it.

[libby1711]

So basically i need to do the Questionaire asap - by the way if i did not need to pay for the court fees cause i get family tax credit do you think i will not have to pay for the £100 either.

Libby

[Guest bong]

libby what did the defence say

[libby1711]

libby what did the defence say

 

Well i am not sure inside the claim it says fee to pay but not sure why cause i did not need to pay for the claim form it's self so does that mean that i can use EX160 exemption form for this

Libby

[sallysas]

No. I don't think so. Anyone else; any opinions?

 

Might you need to provide proof again?

[Guest bong]

you would have been sent a copy of the defence with the questionnaire. you need to look at it to see their grounds for disputing the claim.

 

there is a new strategy for completing the questionnaire in this thread here http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482190

 

phone the court and ask them about the fee - I'm sure you will continue to have exemption

[libby1711]

you would have been sent a copy of the defence with the questionnaire. you need to look at it to see their grounds for disputing the claim.

 

there is a new strategy for completing the questionnaire in this thread here http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482190

 

phone the court and ask them about the fee - I'm sure you will continue to have exemption

 

Well i have phoned the courts up and they say i will get the fees free with my tax Credits. The other thing is that where abouts would the grounds be for disputing the claim well the number the whole thing is very awful thing to read it makes you out to be the one in the wrong - the whole point is they are still saying cause they have already made a payment to me that i am not entitled to the whole amount.

Libby

[Guest bong]

Libby can you scan in or type up the defence?

[libby1711]

Yeh will try and scan it in

Libby

[libby1711]

Libby can you scan in or type up the defence?

Can i Send you an E-mail of it cause i have scanned it, but only as a PDF file and can't figure a way of putting it on this site. if you know what i mean.

 

Libby

[libby1711]

Libby can you scan in or type up the defence?

 

Hi Have E-mail you the defence I hope you got it okay

Libby

[Guest bong]

OK - thanks, received your email.

 

funny old defence if you ask me.

 

all they've said is

 

1. you are claiming £2146.

2. the charges were debited in accordance with the terms and conditions.

3. they have without admission of liability already refunded £1790.57 (being all charges in last 6 years - £1514 + £276.57 interest)

4. the remainder of the claim £1427.41 (don't know how they arrive at this figure???) appears to relate to bank charges and interest which is not supported by their records therefore there is no entitlement to the sum claimed.

 

Firstly I would say don't be scared of a defence like this. it is obviously not intended to be used seriously to deny your claim because

 

a. it doesn't answer to the legal basis of your claim. a defence has to deny or admit or deal with allegations made in the claim.

 

b. it confirms very clearly in paragraph 3 of the defence that the charges were debited to your account - which contradicts their statement at paragraph 7 that it is not supported by their records,

 

c. they've obviously made an error in stating that all charges in the last 6 years have been refunded,

 

d. and lastly, they've made you an offer on 8 Jan of half the claim, and paid that amount into your account without your agreement. Why would they do that if they believe what they wrote in the defence?

 

I would be laughing if I received a defence like this, so try not to worry any more!

 

the thing I am stuck on is that the figures don't seem to tally with previous postings in this thread.

 

you've stated that your claim was for

 

£2637 charges

£592.03 overdraft interest,

£3229.03 total.

 

can you make out how this relates to the figure they've said you're claiming of £2146?

 

what was your total claim? did you add on 8% interest to the above £3,229?

 

I'm not sure where you're at with all this. I would send a letter to the court saying they made a part payment to you of £x on 13 Jan.

 

I would also write a letter to the Halifax saying you have notified the court that they have paid £ in part settlement of your claim which leaves a balance outstanding to you of £ on the claim. You trust that settlement will be forthcoming so that you are not forced to submit your allocation questionnaire on xdate requesting a hearing and wasting the court's time. If you like I will help you draft a letter.

 

However, don't miss the AQ deadline, follow the new guidance notes and make sure it is in on time if you haven't heard from Halifax by then.

 

I hope that helps, get back to me if you need to.

[libby1711]

Many thanks for all your help

 

I hope i manage to get this sorted i have already done most of the AQ going to finish the rest tomorrow and hand it in on Friday Lunch time, so i will most prob need more help again.

 

Again thank you all very much for all your help

 

Libby

[libby1711]

Well the story so far is that by mistake i have tried to claim back £84.00 more than i should have claimed so that i think is the problem, it took me all week but went through my claim for the last period and this one and quickly realised my mistake so i am not sure how to go about this will try and explain:--

 

Money i got back for:-

14 March 2005 - 3 July 2006

£1991.00 + Interest £311.00

Total rec back £2302.00 everything was fine with this time period.

 

NEXT CLAIM

 

30 Sep 2002 - 8 *March 2005

 

This was fine but by Mistake i typed *November 2005 - Which to the bank made it look like i was trying to claim for a period i already claimed for SO HELP)

and i am also claiming for:-

 

10 July 2006 - 21 Dec 2006 (this was money taken out while the other claim was going on).

 

So the total claim money i was asking for was:-

£3217.98 it should have read £3133.65 - They already put £1790.57 into my account without my permission but still owe - £1343.08

 

I really hope you are following this and understanding it.

 

I need to hit the dealine by tomorrow lunchtime as it has to be in before the close of business on the 5 February.

 

I am not sure how to put this into words on the allocation Questionnaire. but also my adding up was incorrect as i for some reason added an extra £84.33 to my second claim not sure how but i have checked and re-checked.

 

Anybody got any advice for me or have i lost all chances of getting the rest back

[libby1711]

Is this what i need to write on the AQ

'The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundemental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediently.

 

- The crux upon which this claim rests is the true cost incurred by the Defendent as a result of the contractual breach from which its charges arise. If the Defendent cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendents charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.'

 

Please could someone advise me if i need to also write something to the effect that i by mistake when i re-checked the claim i added an extra £84.33 in error

A silly Libby :confused:

[libby1711]

BUMP

[libby1711]

Bump Please

[libby1711]

Please can anyone help PLEASE. I only have until tonight to finish this AQ and i am at work at 7.00am and wont be back until tomorrow night. I have to take it in my lunch hour!!!!!!!!