What happens if i have submitted a court claim that is wrong? pls help me :(

[locutus12]

with regards to Halifax fully defending my claim

 

see http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/75733-halifax-defending-claim-pls.html#post660444

 

 

I am having rather sleepless nights... I am absolutely petrified that i have incorrectly claimed for the interest debited due to the overdraft usage and as a consequence could have my claim thrown out...

 

Halifax offered us £2700 on the phone and as i am doing this for my parents in their name i spoke with them and they had something of an "argument about it" basically my step father wanted to settle for the £2700 convinced that "we will lose" and that and my mother wants to stand firm as quite frankly she is p***ed off with a bank that totally took advantage of them at a time of real financial hardship despite her going to the bank and asking them for help when they first started to be charged. So she says its the principle of the matter, and rightly so.

 

But Halifax said in a letter to us that the overdraft interest was a "separate issue" and as such could not be claimed, in total it added up to nearly £540 but once the complex spreadsheet had calculated it properly for me (although i have to admit despite having a back ground in I.T. and finance, i don't understand how it comes to the figures it does for overdraft interest) this figure was reduced to the proper amount

 

see my complex spreadsheet here:

YouSendIt - File Sharing Transfer Delivery - PC FTP Replacement

 

if you look at the spread sheet i claimed for the following on the court form:

 

Bank Charges £2,589.78

overdraft interest £340.11

Interest under section 69 of the county courts act 1984 £439.91

court fee £120

 

bare in mind on the complex spreadsheet ive hosted for your viewing that the section 69 interest will be a little different due to time elapsed.

 

and so, im sat up at 3 a.m. panicking that im going to lose them not only the £2700 Halifax originally offered, but the court costs, plus incur on my parents more court costs from Halifax defence. They are already having to sell the house they have lived in for the last 24 years due to debt, this house is everything to my mother and to me, i was raised in it from 9 months old and i just don't know what i would do if the unthinkable happened with this case.

 

I wish these banks could see the stress and worry that they are causing, this money would really help them when they downsize, i mean once the hole in the account is filled they are only looking at actually getting about £1200, pennies to a bank worth billions. It doesn't help with the fact that my step father seems to have no faith in my abilities what so ever, he claims he saw some program on GMTV that says that seven hundred and fifty thousand claims went in in a single month and as a result of this the banks are now mounting a defence of claims . now this all sounds like hes blowing hot air to me, but if he is right then i really could end up causing my parents more trouble. Considering its his fault they are in this mess i really do wish he would just shut his trap once in a while.

 

I just don't know what to do

 

p.s. sorry for blowing off steam here, in between me losing the attic I rent off them, giving up smoking, losing my job, spending weeks fixing this place up AND sorting this small mess out for them im just about at my wits end, all im trying to do is help. As usual, any advice bar throwing myself off a bridge is much appreciated

[TideTurner]

locutus12,

 

The Banks fully understand the stress they put people under, but it's just business to them.

 

Stand by your guns.

 

They are inundated with claims, and it is highly likely you will get paid out fully. Then you won't be the baddy, but the hero!! Tell your father to wait for that cruise.

 

Best of luck

 

Tide

[emmaf01]

Hi locutus12,

 

Take deep breathes!

It is understandable that you are worried- you wouldn't be human if you weren't.

 

But you have done the right things, following a process that thousands of us have done before you, and you have the help of everyone on this site.

 

And we are winning! Doing the same things as you!

 

Of course it is stressful, thats what the banks want- for you to accept less than they have taken, to go away and keep quiet. So they can keep your parents money. For every penny they don't give back increases their huge profits.

 

The Halifax are the 3rd bank I have reclaimed from. I have won the first two, when I took them to MCOL. I have had to do the same with the Halifax, who have tried to settle for two thirds of what I want back- and I have refused because it is ALL my money, not just part of it.

 

You will win.

 

And when you need it, you will get help from the people on this site!

[naughtyemit]

locutus,

The Courts are humans just like the rest of us (but unlike the merchant bankers we have to deal with) and recognise that mistakes happen, especially in small claims procedure where people generally don't have legal advice.

 

My advice, keep quiet, let them spot the error if and when it comes to Court. If it gets that far then the Judge will in all likelihood do his own maths anyway, in which case you plead ignorance of the mistake and bow to the Judge's directions. Don't worry, it will be fine.

 

The fundamental thing to remember here is that this is our money, not theirs, the spreadsheet/schedule of costs is only supposed to be an estimate and it is up to the bank to prove your figures wrong if they can be bothered to do so. this is laid down in law and cannot be denied, if they can't be bothered to check your maths, then they have to agree to your figures.

Chin up, you will get there, suggest your parents buy you a nice bottle of something sparkly!

[Advoc8]

Locutus the thing to remember is that each thing you're claiming for can be treated separately by the courts.

 

Bearing in mind that you're 99.99+% likely to get a full offer out of court, if it did go to court the fact that you may have made a mistake on the overdraft interest would not jeopardise the rest of your claim if the judge decided the overdraft interest claim was unreasonable or unfounded.

 

Try not to worry, you've not put anything in danger and the bank is just trying to argue with you to minimise the amount it pays out. Stand your ground.