Andy v Halifax

[Andy from Somerset]

I can guess the answer to this question from reading other posts but would welcome any contributions.

 

I issued a summons via Money Claim which was acknowledged by Halifax on Dec 3rd. I received a letter from them today disputing some of the claim (I'd claimed for 8 years charges instead of 6 years). They are offering to pay everything over the last 6 years plus interest plus Court costs and saying that if I don't agree to this they will file a defence in respect of the charges that are over six years old. The total difference is £580 on a total claim of £3000.

 

My questions are -

 

1. Do they usually pay up for the charges over six years old anyway?

 

2. If I send them the standard rejection letter, are they likely to pay the amounts they have admitted to straight away or will they drag things out to the bitter end?

 

I would be grateful for any advice but I guess in the end, I have to decide whether it's worth going for the extra £580 or not.

[Michael Browne]

1. Do they usually pay up for the charges over six years old anyway?

No

2. If I send them the standard rejection letter, are they likely to pay the amounts they have admitted to straight away No

or will they drag things out to the bitter end? Yes

I would be grateful for any advice but I guess in the end, I have to decide whether it's worth going for the extra £580 or not

Absolutely. You would need to research s32 of the Limitations Act here:

APPENDIX LIMITATION ACT 1980

 

 

And this court decision here:

http://www.consumeractiongroup.co.uk/forum/legalities/50718-very-interesting-case-folks.html?highlight=pdf+version

[Andy from Somerset]

Many thanks

[Andy from Somerset]

Well, I wrote to them accepting their offer only on the condition that they paid the money into a different Halifax account (the account the charges were accrued on is £600 overdrawn and on Enquiry Only status due to a mistake by Halifax taking a Standing Order after it had been cancelled and when there was no-where near enough funds in the account to honour it). The next day, they refunded the charges into the wrong account which now has a large credit balance but is still on Enquiry Only status so I can't get to my money.

 

I've written them another letter saying that unless they transfer all the money into the account I specified within 24 hours I will be continuing the action to claim ALL the charges they have unlawfully taken.

 

So far - nothing!!

[Gruffle Gaw]

In your letter, did you also specifically say you would only accept the money they were offering as a partial refund and that you would continue to pursue them for the rest of the money, through the county court if necessary?

[Gruffle Gaw]

My advice would be not to accept a penny less than they took from you. They will bluster, threaten and stall but you will get all your money in the end if you don't cave in.

[tezviper]

I think a word with the bank to get your account status changed would be your best move here seeing as the account is now in credit and the overdraft is cleared. That way you clear the overdraft and you get the remainder of the money. I take it you were refunded the 6 years plus interest and costs??????

If so then you got the result you were always going to get.