Advice please

[thesergeant]

I have received an offer from Halifax, £298.95.

 

My claim is for £394.30 with contractual interest.

 

Loads of rubbish in the letter re: terms I agreed to etc..

 

The bit they are relying upon is "The Halifax does not consider that you are entitled to the further £95.35 that you are claiming. Unless you can provideevidence of this further loss the Halifax will file a defence in respect of this part of your claim"

 

Are they just trying it on, to get me to settle? My initial thought is "happy to accept the interim payment, see you in court for the rest"

 

My proposed reply is ...........

 

>>>>>>>>>

In reply to you letter dated 31st October 2006.

 

I reiterate that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then I look forward to you demonstrating this by providing a full breakdown of the costs to which you have been put as a result of my breaches, in order to reassure the court that your penalties really do reflect your costs.

I again draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

As you are aware my claim against you is £394.30, this has been increasing at £0.36p per day. As of the date of this letter my claim is for £399.34. This amount is based upon your unlawful charges & associated interest charges, costs and contractual interest.

You have offered a payment of £298.95. I am happy to accept this as an interim payment. However, until my claim is settled in full the proceedings will continue to court.

 

>>>>>>>>>>>>.

 

 

 

I would appreciate any thoughts on this ..........

[nathal]

its upto yourself, its your money

[nona]

Hi Sarg,

Have you already submitted a court claim? Because you cannot actually claim 8% s69 interest until you have which may be why Halifax are saying you are not entitled to it.

Nona

[thesergeant]

Yes my claim was issued on 20th October, served as of 25th October.

 

I have claimed contractual interest at the unauthorised rate of 29.8% effective from the date of the unlawful withdrawals from my account.

[WendyN]

That's exactly what is happening with our claim:

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank/43392-halifax-offer.html

 

The letter we received from the Halifax states:

"The Halifax does not consider that you are entitled to the further £~433 that you are claiming. Unless you can provide evidence of this further loss the Halifax will file a defence in respect of this part of your claim. "

 

Up to now, I was under the impression that Halifax were just paying up where they couldn't fight it, and defending when they thought they could pick holes in a case (faulty calculations, etc.) However, we think ours is fine. Is this Halifax starting to bite back, and send threatening letters to cause problems?

 

WendyN

[thesergeant]

I think it is just bluff to try and settle at a reduced rate. They have agreed to repay the charges, some interest and costs straight away without any argument.

 

Are they really going to attend court and defend in my case £94 of contractual interest? I think not. If the hearing goes against them, as I believe it would, then the fact that contractual interest is applicable would become decided.

 

They are playing a game to reduce costs.

 

Anyone else have views on this?

[WendyN]

Our only concern is, that Halifax say that they will defend this £433. We're a bit worried that Halifax knows something we don't, and will try to pick apart our calculations. We've checked them, and they seem to be fine - the issue seems to be with the interest calculations.

 

We are claiming £525 penalty charges, then ~17% EAR compound interest on these (~£365), as per Vampiress' spreadsheet. We are then claiming 8% statutory interest on top of these amounts, now that it's gone to court, so it's ~£640 + ~£433.

 

Is anyone else having this problem? We only have 7 days to respond either way.

 

Thanks!

 

WendyN

[crocodiles]

Don't let them intimidate you.

I have just recieved a similar letter, offering £764 against a claim of £4600 (and rising). I haven't added any interest yet.

They have sent me an acceptance form which states that if I take their offer then I have no further claim upon them.

Their letter also had vague threats about closing my account.

Whoopee doo!

If I don't have an account, thay cant charge me anymore, so where's the threat in that?

Needless to say, their offer will be accepted as part payment and their acceptance form will be returned blank.

 

 

If they decide to go as far as court in my case, I'm sure they will lose.

I'm getting a little anxious as the days tick away, but I know that they are playing on this with everyone who claims.

 

Just keep to your schedule and don't be deflected by their intimidation tactics.

[WendyN]

Did they make this offer before or after you started your claim through the small claims court?

 

WendyN

[deksel]

I received an offer from the Halifax of £415 as full and final payment after I sent my pre-lim letter requesting £1138. I wrote back to advise that I would only accept it as partial payment and continue with my claim however they have now told me that as I didn't sign their form accepting £415 as full & final I could no longer have it. I'm now proceeding with my letter before action, has anyone else had this problem or is anyone else in this situation??

[crocodiles]

Hi WendyN & Deksel,

 

I recieved the partial offer after my LBA.

I sent a refusal of offer letter - available from template library.

I will be submitting my on line Money Claim tomorrow. I have to wait 'till then in order to give them the period of notice specified in my LBA.

Read the threads, look at the case studies, especially moderators & high grade accounts. Read the step by step guides.

You can't go wrong (he says with far too much confidence!!) if you stick to the procedures and timescales provided.

 

I have just recieved another £150 in charges because I went overdrawn by £2.59.

Instead of getting angry, I'm getting it back!

 

Best of luck to both of you.

[thesergeant]

WendyN

 

I have just looked at your post again.

 

You seem to state that you are claiming contractual interest and then claiming 8% court interest on top of that. I do not think you can do that.

 

Do a search on contractual interest in the forums - I am sure that I read a post stating you can only do one or the other. If you find my particulars of claim that I posted a little while ago I have laid out a claim for contractual interest either at unauthorised or authorised rate or the standard 8% if the judge does not think contractual applies.

[ukaviator]

We are claiming £525 penalty charges, then ~17% EAR compound interest on these (~£365), as per Vampiress' spreadsheet. We are then claiming 8% statutory interest on top of these amounts, now that it's gone to court, so it's ~£640

 

WendyN

 

Hi Team

 

If you are claiming Contractual interest then you can't claim the 8% through MCOL. You can't claim interest twice. What was added to your Particulars on your claim?

 

 

Uk...