SarahPP v Halifax part two CONTRACTUAL

[sarahpp]

I should have started this thread before now.

 

Having won back my own Halifax charges I have now sorted out my partner's charges at the contractual rate of 29.8%. The court papers have been lodged and Halifax have until the 18th January to respond. We have already had a partial offer of 1.6k which we turned down in December.

[Aaronsdad]

If you turned down 1.6k, how much are you claiming?

 

Signed,

A very nosey Aaronsdad!

[sarahpp]

Around 5k - could have claimed a tiny bit more but, decided against it to keep it within small claims.

[Aaronsdad]

Thanks, I understand. I'm trying to apply some king of logic, mathematical equation etc to what they offer compared to what is claimed. If it wasn't Steven Hawkins birthday today I'd give him a ring, he might know!!

 

A D

[sarahpp]

I think they usually offer the last 6 months worth of charges - but, I may be wrong!

[Aaronsdad]

I was led to believe that too! I think it's an urban myth. My last six months was £100 and they offered me 500ish. My mate along the road had 400 and was offered 2.5k!! I've talked to other people on the site about this and it makes no sense!

As long as they pay up - who cares?

(Me actually! Wish I could make sense of it!)

It's twistin' my melon man!

 

A D

[sarahpp]

Ah, maybe so then. I read somewhere else that it was your worst 6 months that were refunded. Who knows? Maybe they have a set of figures and a dartboard in the office.

[hillards]

They were offering the highest 6 months charges within the 6 year period until recently, it seems to have gone up to the highest 2 years within the 6 years now.

 

How long before they actually offer the highest 6 years in the last 6 years ? Can't be far away with all the cases being won without too much of a struggle.

 

OK, it's still only a small percentage of customers asking for their charges back, when you look at the bigger picture, but they're not doing themselves many favours by delaying matters. If anything it costs them more in time and effort to send out more off-putting letters.

[sarahpp]

Well, I suppose we can comfort ourselves with an interest rate of 24.9%!

[sarahpp]

Received another letter this morning offering exactly the same amount as before and confirming that they will not be refunding all of the charges.

 

It is as if they have never had the court documents..... I have had to write and remind them that they have until the 18th to file a defence.

[sarahpp]

Well, we got a partial payout of the charges + 8% + court charges. At the moment they have denied that we are entitled to the contractual rate (no reason or alternative given as usual) and asked us to provide evidence if we still believe that we are, otherwise they will defend that portion of the claim.

 

We have written back outlining once again the mutuality and reciprocity argument which was in the POC and as yet are waiting to see whether they will pay out the remainder or issue a defence. I have yet to see a bank defence which does anthing other than state "we do not believe that the claimant is entitled to this rate of interest" (and I have looked through quite a few contractual threads) so, it will be interesting to see if they can do better than the legal departments of the banks have managed so far.

 

They have until tomorrow to submit a defence

[sarahpp]

Well, Halifax have made part admission and sent their defence through for the rest.

 

All I have to say is:

 

WHAT A SHODDY PIECE OF WORK HALIFAX

 

Their defence consisted of six short paragraphs, most of which contained factual errors. It is clearly a mass produced document which they don't even bother to revise for individual cases. I have written a response today which rejects the part payment. The case will now go forward as a defended one. A copy has been sent to Halifax so, we shall now see.....

[sea-sidelady]

Its pathetic that they continue to pus us all through this when they know they have to pay anyway.

They just like stroppy kids..!

 

I hope they dont draw it out to much longer for you.

[sarahpp]

Thanks - I am quite prepared to wait it out for now. It is the contractual interest which is the sticking point but, all their defence has to say on that particular subject is that they don't believe we are entitled to it but, they, in common with many other Banks I have seen submitted defences from are unable/unwilling to give a reason for their denial.

[tonedepear]

Sorry to butt in, but where did the 24.9% figure come from?

 

I'm preparing my prelim letter to the HFAX (2k of charges, 3.2k with contractual) and the figure I found on their website was 28.9% for unathorised borrowing. Halifax - Interest Rates

 

I can see a 24.2% figure, and a 28.9%, but no 24.9%.

 

Apologies if I'm just being thick. It wouldn't be the first time!

[sarahpp]

No - you are quite right and that is the figure on my spreadsheet. I will go and edit my first post. Must have got it mixed up with another claim!!

 

Thanks

[tonedepear]

Ah, that's ok then! I feared for a second you might have got a duff figure and they might try and fight it on that basis!

 

Carry on then!

 

Good luck!

[sarahpp]

I don't quite know what is happening here. We have had the allocation questionnaire from the court but, returned from a few days away to find a letter from the Halifax which was an exact copy of the letter which they sent us in the middle of January offering us part payment. It even had a date of the 15th January on it!!!

 

Bizarre

[sea-sidelady]

Just goes to show they have no idea what they are doing..!

[sarahpp]

Did occur to me that it may be a clever ruse to try to get us to sign the back sheet (accepting full & final settlement) before court.

[tonedepear]

Did occur to me that it may be a clever ruse to try to get us to sign the back sheet (accepting full & final settlement) before court.

 

I don't know if I'd call it clever!

 

Any news on this?

[sarahpp]

Just about to send the allocation questionnaire of to court so, we shall see....

[Bankershost]

Hi Sarah.

 

I am in the same boat as you, I have just returned notice of part admission stating that I do NOT accept the defendant's part admission. I'm now just waiting for the AQ to be sent to me. I am claiming contractual as well, the bank only offered charges+8%+Court costs. Did you claim interest charged to your account?

 

Bankershost.

[sarahpp]

Hi

 

I didn't because it was pennies in my case.

 

My court bundle has gone in this week so, I will update the thread when the claim has reached its conclusion.

 

Good luck with your claim

 

Sarah

[sarahpp]

SETTLEMENT ARRANGEMENT MADE, IN FULL ,WITH CONTRACTUAL INTEREST DESPITE PART PAYMENT ALREADY FORCED INTO BANK ACCOUNT AT 8%

PLEASE AMEND TITLE TO ****WON*****