marcosw7 v Halifax

[marcosw7]

Have filed a claim - 16th May 2006.

 

Halifax have made acknowldegment of Service on 17th May 2006.

 

 

I have been given a copy of it.

 

They have ticked the box - ' i intend to defend all of this claim'

 

should i be worried?

 

there's other options:

 

I intend to defend part of this claim

I intend to contest jurisdiction.

 

Is this just a standar response basically them saying that they are acknowledging they are defendants?

 

also... i have filed a claim but in doing so it only asked for a description. when do i provide evidence/ documents / calculated figures etc... is that only when it becomes a court case?

 

thanks,

 

marcosw7

[andywhite58]

i filed on the 16th may and i have received the acknolegment saying the same, i too need to know what to do next, so far i have ripped some juditial information and also other things which may be relavent. good luck i will keep you informed.

andy

[mahala]

its all in the FAQ guys. Read the step-by-step instructions thread.

[marcosw7]

right,

 

i have just found the FAQ - i think it'd be good if you put a notice on the Forum FAQ (ie above this thread next to USER CP) that the FAQ about the banks is in a separate section within the forum.

 

i know it sounds silly, but there's a lot of forums, so i didnt see them, hence when seeing the FAQ section above, trying a search and getting nothing i posted in the forum - might just have been me being thick, but it prob won't take long to do and may help others in the future!

 

well, i have had cash put into my bank account, and after having foned up, they have told me that they have refunded all the costs including court fee.

 

my question here (couldn't find in FAQ) is:

 

> they said they sent me a letter, which i have yet to receive. but as far as i know, the claim is still in process. What do i do?

 

i mean, i want a confirmation that they have accepted to refund the charges and that they cannot turn around and take back the money.

 

i guess the letter will explain that for me. but from my point of view, they have given m the money back. am i forced to sign something saying i will no longer pursue through the courts?

 

i mean. i am real happy they have refunded, but am perplexed as to why they have done so without getting me to sign anything beforehand.

 

they didnt even contact me(yet... before paying me). - i should be happy, but i'm a little cautious at the same time.

 

am i also right in thinking (not that there's any logic in doing so) that i can just carry on with my claim if i so wished and get the court to make their decision?

 

>> question 2. i have studied Tax law this year. payments under compensation are liable to Capital Gains Tax due to a disposal of my right to make a claim for the money.

 

am i right in thinking this? Will this be seen as a compensation payment, seeing as settled out of court, or will it be deemed as a payment of a debt, and thus Capital gains tax exempt? - what about the 8% interest charged on the payments owed - that must be CGT.

 

as it stands, i won't oew any as the value is within my £8,500 allowance, but if anyone can help me out, it'd be good to know, especially if IRC come after me.

 

cheers

 

marcosw7

[marcosw7]

This topic was closed on 10 March 2019.

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