Daniel Vs Halifax

[dptaylor5]

Hi,

 

Firstly want to say excellent site. Here is my story so far:

October sent SAR (Subject Access Request)

December 22nd Received

Jan 7nd Preliminary approach (actual charges £650 including interest etc 786.60)

Jan 20th Received letter apologising that they would need more time

Feb 10th Another apology letter needing more time

Feb 14th My letter before action sent 2nd class

Feb 15th Offer £546

Here are the dilemmas; It is only £104 from actual claim but I still think I should hold, what do you think, also this claim is not in response to my letter before action so shall I call them as there is a telephone number there but I could have no record of this conversation and they may be in the process of replying to the letter before action. Please can someone help me.

Many thanks, Daniel

[sea-sidelady]

A phone call might be an idea. If you say you will settle for full amount before court papers are filed. They sometimes agree. If not then you can fight on.

It is a personal choice when to settle.

[dptaylor5]

Thank you for your reply Sea-Sidelady. I have another question though, bearing in mind that none of these cases have gone to court is there not a rule that the courts will not allow a claim if the banks have made you an offer.

[sea-sidelady]

No,

The banks have made most of us an offer. I have had 2 so far. 1st one i rejected, so they upped it £1k, rejected again.

They seem to be making offers and people are trying to haggle which seems to be working.

[dptaylor5]

I have just spoken to a Gavin Heppinstall over the phone on 01977 627 383 when I said that I am filing the papers etc he said that he could offer the £650 of charges which I have accrued but not the interest part. I have asked for him to post this out in writing where I will decide wether or not to accept. Now I need to know wether to accept this refund or to carry on with the full claim, bearing in mind that none of these claims have gone to court and that it is what I have accrued in charges. Please help.

[sea-sidelady]

Well the charges cant be added until you file at court.

Also if they have offered you the full amount, then im not sure if you can go further as they have offered to give you what you asked for.

[dptaylor5]

Thanks again Sea Side Lady, I did put in the claim including the possible 8% interest at the very first claim and when sending the follow up letter I updated these for the few days between me sending the follow up because of the time they were taking. So my question would be if I were to file the court papers would the court still allow if they have offered the full amount of charges again bearing in mind they have not yet gone to court.

[Advoc8]

If the offer is for the full amount of the charges then you should accept and not issue court proceedings.

 

The 8% statutory interest is technically only awarded at the courts discretion and a very dim view would be taken of anyone who turned down a full settlement prior to proceedings being issued then made a claim just to get the 8%. I would expect the bank would be justified in getting such a claim struck out.

[dptaylor5]

Thank you very much that has answered all of my questions, I will wait for my money and then donate my 5%!

[dptaylor5]

I have another quick question. They have sent me the letter regarding the full refund with their response letter that I have to sign and send back but I remeber seeing a template for your own letter to send them but do not remeber where I saw this can anyone help me out here?