Wilkins vs Halifax ***WON***

[TANZARELLI]

Keep up the pressure sallysas

[TANZARELLI]

Good luck wilkins.

[TUTTSI]

Good luck with your claim Wilkins.

[WILKINSS208]

thanks just wish it was over but should hear something soon from judge. hopefully before court hearing on thursday

[moses]

Wilkins I've just read your thread it's 10 o'clock in the morning here & I'm absolutely drained! I have been ready to throw the towel in with you then ready to fight on I know exactly how you have felt as so many of us have never had any dealings with courts, legal people even the police I don't like arguing with anyone let alone the Halifaxs' Barristar! But you must feel so proud of yourself to have soldiered on & with such wonderful support & help from all these guys ,it surely can't go on much longer I'm just behind you filling in AQ for 2 years beyond 2000 which they are defending as in your case

Good luck mately chin up:)

[TANZARELLI]

Wilkins I've just read your thread it's 10 o'clock in the morning here & I'm absolutely drained! I have been ready to throw the towel in with you then ready to fight on I know exactly how you have felt as so many of us have never had any dealings with courts, legal people even the police I don't like arguing with anyone let alone the Halifaxs' Barristar! But you must feel so proud of yourself to have soldiered on & with such wonderful support & help from all these guys ,it surely can't go on much longer I'm just behind you filling in AQ for 2 years beyond 2000 which they are defending as in your case

Good luck mately chin up:)

 

 

Good luck with yours too moses.

 

Where abouts are you then?

[TideTurner]

Wilkins,

 

I have given the same something serious to think about today. 14 days and counting. 'One dog, one bone'. They can only deal with those they have resources for. I can't understand that they are laying off staff in Manchester and employing foreign call centres when they have a severe problem internally. They are then claiming that they haven't got the staff to deal with the sheer volume of claims.

 

They made sure they had the staff to enforce their false claims.

 

Stick with it, you have support.

 

Tide

[dpick]

Wilkins,

 

I have given the same something serious to think about today. 14 days and counting. 'One dog, one bone'. They can only deal with those they have resources for. I can't understand that they are laying off staff in Manchester and employing foreign call centres when they have a severe problem internally. They are then claiming that they haven't got the staff to deal with the sheer volume of claims.

 

They made sure they had the staff to enforce their false claims.

 

Stick with it, you have support.

 

Tide

 

Makes you wonder how many people not using CAG are accepting the 8 week nonsense. dpick:-x

[roadrunner]

Exactly

 

Good luck wilkins, hope it all works out

X

[WILKINSS208]

still nothing from court or halifax and court date next thursday

[WILKINSS208]

well, something from court today:

 

i have received a copy of the applicatio notice the halifax submitted to the court on 7 march. it says:

 

We DLA Piper UK LLP on behalf of the Halifax Plc (Who are they??) intend to apply for an order that the claimants claim be struck out, pursuant to CPR 3.4

 

because, on a without prejudice basis the defendant has settled that part of the claimants claim, which is not statuted barred. The balance of the claim, is in relation to bank charges, which were incurred more than six years prior to the issue of proceedings and therefore pursuant to section 5 of the limitation act 1980, are statue barred.

 

We wish to rely on the following evidence in support of this application:

 

I Andrew Wilson Horton, Fellow of the Institute of Legal Exzecutives and Associate with DLA Piper UK LLP state:

 

I have care and conduct of this matter on behalf of the defendant and I am duly authorised byt he defendant to make this witness statement upon their behalf.

 

I refer to the claim in relation to this matter, and the defence filed by the defendant.

 

I would refer the court to paragraph 5 and 6 of the defence i which the defendant advised the court that the claimant has without admission of liability refunded to the claimants account the sum of £879.88 being six years worth of banking charges, together with interest and relevant fees.

 

In my submission the balance of the claimants claim is statute barred pursuant to section 5 of the limitation act 1980 which states that an action found in a simply contract I cannot be brought after the expiration of six years from the date on which the cause of action accured and accordingly I submit that the remainder of the claimants claim is statue barred as the cause of action accured, when the bank charges, were applied to the claimants account.

 

 

Now what do I do???

 

The Court have answered:

 

NOTICE O

[WILKINSS208]

NOTICE OF HEARING:

 

22 MARCH AT 10AM

 

Does this mean court havent let claim be struck out or will it be discussed in hearing?

[crashbandicoot]

Hasn't been struck out at all...merely means you'll both have to attend on the 10th to give your sides of the story. How much of a difference in money are we talking Wilkins...for the claim pre and post 6 yrs?

[WILKINSS208]

£1875

[WILKINSS208]

what do you think? Im nervous now

[crashbandicoot]

Don't be nervous hun, we're all here for you...what's the £1875 figure? What I'm asking is how much are the charges over 6 yrs and how much are the charges within the 6 yrs?

[WILKINSS208]

1990-2000 £1875 including interest

2000-2006 £879 including interest, court fees, SAR fee

 

I cant believe got to the stage and dont think i can stand the court hearing, do nervous but dont want to drop it.

[crashbandicoot]

Wilkins, this is exactly what they want to do..bully you into submission. My understanding is that they haven't paid you anything yet? Not even the partial payment of £879? They made that mistake with me where they were insisting to the court that the claim within limitations was settled, when in fact they'd never paid me at all.

 

Anyway, I'm in the chat room for a bit if you want to pop in....it'll be easier to chat about this and put your mind at ease...see you in a few

[TANZARELLI]

Keep the faith wilkins, you are on the final lap now. Keep deep breaths and all that and think of the money.

 

Tanz

[Glenn UK]

Wilkins you need to be prepared to argue your side and you would be advised to read through taylormandys thread.

 

I suspect they wil turn up and try the same tactic.

 

Have you accepted their partial offer? if not have you rejected it formally?

 

Glenn

[TANZARELLI]

Have you got just charges of pre 6 years then wilkins? Or is it pre and post?

[crashbandicoot]

Wilkins, when you get back from the school run (!) please pm me and we'll catch up again in the chat room. Glenn has also pm'd you on this.

 

All is not lost my friend....the game is well and truly on!

[Glenn UK]

Tanz

 

We have found a jolly wheeze to help wilkins and put her in a much stronger postion, dont want to go into any details yet.

 

It will be fun and puts the pressure right back where it belongs.

 

glenn

[TANZARELLI]

Tanz

 

We have found a jolly wheeze to help wilkins and put her in a much stronger postion, dont want to go into any details yet.

 

It will be fun and puts the pressure right back where it belongs.

 

glenn

 

Let me know when the time is right I would be interested in this.

 

Tanz

[WILKINSS208]

ok im back, let me know where you are