Barbershop0 v Halifax

[barbershop0]

Hi

 

This is my first posting, so I may be a little naive. I have a mortgage with the Halifax. My total charges on my account since inception amount to £967. The charges for the last six years amount to approx £650.00.

 

On the 12th Dec 2006, I sent my LBA to Halifax for the full amount of £967. On the 20th December Halifax sent me an offer of £650 in full and final settlement.

 

I do not know whether to accept this or continue with the court action for the full value as £317 of this is older than 6 years.

 

Thanks in advance, for any assistance.

[tezviper]

If my understanding is correct then the courts are not recognising claims of over 6 years, I even read on here that the courts phoned one claimant to tell them this so you may need to accept the 6 year offer which is a result in itself.

Good Luck

[stan5131]

Firstly, the statute of limitations is 12 years with a mortgage. Secondly, lots of people are claiming for more than 6 years with the banks because the statue of limitations does not apply if you were not aware that a debt existed. ie the banks have duped us into thinking that these charges were unlawful. I would definitely press on with your claim for the full amount. After all, its your money.

[stan5131]

There is a thread on this site all about claiming more than six years.

[barbershop0]

Hi

Many thanks, I think that I will send the standard rejection letter today, and wait till the New Year before submitting the MCOL.

 

Best wishes & Happy New Year.

[jonni2bad]

... I even read on here that the courts phoned one claimant to tell them this.....

Unfortunately there are people in the courts who have very little understanding of the finer details of these claims. It is not necessarily the case that courts have taken a position and are refusing this point - we still feel as though there is a case to be answered as far as section 32 is concerned (concealment or mistake).

http://www.lawcom.gov.uk/docs/cp151apa.pdf

[barbershop0]

Hi On the 17th january, I completed my County Court Claim. This was deemed to be served on 18th January. The Halifax had until 5th february to reply. Fortunately they didn't reply and on 6th February I asked the Court to make a judgement.

 

The total claim has risen to £1553.49 with interest & costs. I shall now wait to see if the bank pays out.

 

Can the bank appeal if they don't like my sums, after the deadline has expired?

 

Thanks in advance.

[stan5131]

Unfortunately, what often happens is that the banks file their defence late (after the deadline) and the courts accept this. This happens all too often.

 

Just wait a few days and see what happens. Dont be suprised if they file late and its accepted.

[barbershop0]

Hi Thanks for your advice, it seems that I am in the hands of the court now. I filed for judgement on the 6th Feb and have heard nothing from the bank or the court. I suppose its just a waiting game now?

 

Any advice please.

 

Regards

[barbershop0]

Hi On the 12th Feb I rang the court to see if judgement had been sent, as I hadn't heard anything. The court officer told me that they were currently issuing judgements for the 22nd of Jan and it may be a week or two before they got around to issuing mine.

 

Doesn't it sicken you to know that you have paid £120.00 court fee for them to send two initial letters, then not have enough staff to issue proceedings promptly, maybe the Halifax could do with employing these efficient staff!

[barbershop0]

Hi

 

The postman has just been today and still no news from the court about Issuing Judgement.

 

Still waiting!

[stan5131]

Keep us posted.

[barbershop0]

Hi

 

A further update, rang the court today to be informed that the bank had now acknowledged my claim. After telling them that I has requested judgement on the 6th then the bank had acknowledged the claim outside of the time limit, I was not happy. The court told me that they would Request Judgement today and send me Judgement today.

 

I sincerely hope that they do, I feel that I have fought the banks and now am having to fight the Courts.

 

If judgement comes through the post before Monday then I think that I might have reached the finish line.

 

Passing the finishing line will be sending the baliffs in on Monday, after paying my £55.00 fee.

 

Fingers crossed and hoping!!

[melrose]

Hi barbershop0.

 

I had a similar situation with my claim at the moment where I asked for judgement after the initial 14 days only for the Halifax to give an acknowledgement. I then had two cash deposits put into my account (no offer or anything) the day after the acknowledgement but they weren't for the amounts I am claiming for. I instructed Moneyclaim to continue with my claim and sent a schedule of charges and a letter to Halifax 2 days ago. I received a defence from the Halifax yesterday saying that they are disputing the remaining balance as it doesn't match their records. Am deciding whether to continue and complete the Allocation Questionnaire and prepare for court.

 

It can get a bit frustrating but stick with it. Best of luck.

[stan5131]

Melros, you need to ask them why your claim doesnt match their records. You have clearly sent a schedule showing the amounts, reason for penalty and date. Ask them to clarify which charges they are disputing. It could be something silly like they refunded a couple of the charges and you havent noticed on the statements. They will use this to pick your claim apart if they can.

[barbershop0]

Hi

 

Judgement arrived in the post today. The Court tell the Halifax to pay me £1553.49 forthwith.

 

Is this the final hurdle?

[barbershop0]

Hi

Rang the bank again, usual fob off, they suggested that I take the letter to the branch. I asked if they would recommend me taking a baliff with me. No reply.

 

Then they said someone would ring me back within 48 hours. I suggested that this was my second time of calling and just wanted a cheque.

 

The call end with me expecting a call back before noon, letting me know the position.

 

I'm not holding my breath!!

[sea-sidelady]

Hi

Rang the bank again, usual fob off, they suggested that I take the letter to the branch. I asked if they would recommend me taking a baliff with me. No reply.

 

I'm not holding my breath!!

 

I love it lol.........

 

Oh i really hope you get ur call back. They might just put it in your account.

[toffeeman2004]

Any call yet?

[barbershop0]

Hi Toffeeman,

 

Not a dickie bird

[toffeeman2004]

Dont let them dictate the process.

Just tell them you have had enough and will be arranging a bailiff

Im sure they will suddenly find out whats happening

[barbershop0]

Hi Toffeeman,

 

Will go to court on Wednesday to ask if there is any delay in issuing a Warrant of Execution or if the baliffs will go in within a reasonable time.

 

I wouldn't want to wait for weeks if I paid for the service.

 

Any advice please.

[barbershop0]

Hi

Rang the Haliprats today and after speaking to about 6 different people, I was told that my Claim wasn't on the spreadsheet so I cannot be paid out. They said that I would have to get the Court to write to them. I told them that wouldn't be a problem.

 

I have just been to the Court and filed a Warrant of Execution today 21st Feb. Today the court are issuing Warrants for the 9th Feb, so I shall have to wait at least 8 working days before they get around to mine.

 

I think the Halifax will be getting a letter from the baliff soon, instead of a letter from the Court.

[survivor]

Go for it - it's not like they weren't aware of your claim.

More incompetence from the Helliprats..!!

[barbershop0]

Hi

 

Just started a new claim from the HSBC, just hope its a little quicker than the Halifax!