overflow v Halifax

[moneyhelp]

Overflow - it is understandable that you are feeling this way, after all this is what the banks are hoping for - they want you to get so stressed that you will give up the fight.

Don't play into their hands, always remember that YOU have the upper hand here, it is YOU taking them to court, it is YOUR money.

 

As daunting as it may seem to you to call them, it would be best as lots of people have won this way. Write yourself a note of everything you want to say, read it to them if nessasary. If I could do it for you I would, as I think that this call would push them into a corner and pay up.

 

Good luck in whatever you choose to do and remember we are all here for you

[ja-de]

Do what I did this morning, & take your frustration out on a job that you detest (mines ironing). It does help for a while anyway, & it also gets the job out of the way.

Keep your chin up, & most importantly, DON'T LET THEM BEAT YOU INTO SUBMISSION!!! Stick to your guns. It might even help if you write down exactly what you plan on saying to them, as well as the full amount you want them to pay back to you. Don't worry overflow, we're all here with you.

[ja-de]

Ditto. Great minds eh, money.

[moneyhelp]

Read my mind eh jade

[ja-de]

Must have read each others, I think we must be telepathetic. hahaha

[overflow]

Just goes to show how in tune you all are with this site. One Big Happy Family.

 

Thanks to you both for the support. I wll do just that. In fact Ill write it down now and then give them a ring eh.

 

Youve given me the courage to go for it . BIG THANKS to you both.

 

regards:)

[ja-de]

No probs overflow, anytime.

[moneyhelp]

Great!

 

Let us know how you get on ok ;-)

[overflow]

couldnt ring , I'd left it to late.:o

Just when id plucked up the courage to as well.

Ive penned a letter though so might fax it or ring on Monday and use letter as my script.LOL:)

[**Tilly**]

good for you overflow will be watching to see how you get on we are all behind you:)

[**Tilly**]

thankyou for the click:)

[overflow]

Your Very Welcome Tilly

[overflow]

To update

 

Still not too sure what to do . To ring or not to ring ,that is the question.

 

If I ring and tell them Im not a happy bunny with the offer they have made , they may or may not increase the offer.

 

I know they have said they will reimburse me for the Court costs as well , now what do I do about the other costs.

 

Do I ask for the cost of postage and stationary plus the cost for my time for having to get everything together to get this filed and that or can I notclaim this. Ive a feeling they would reject paying me these extra costs.

 

My way of thinking is that perhaps I should just go for the whole amount of the claim. Even if I dont get the contractual rate the Judge will award me the 8% and that comes to more than the bank is offering ( dont know how they came to their figure but not the same as figure I sent on my spready).

 

I sent them 3 spreadys 1 for just charges and interest, 1 for the 8% and 1 for the contractual but their figure is less than on my spready so why should I let them get away with it.

 

If it does go to Court and Im not awarded the contractual Id still get the 8% plus all my costs so in the end the bank would have to pay me more anyhow so Im thinkin thats what Ill do. Ok I know that we all pay for the postage and stationary and stuff like ink (which isnt cheap) but why should we be out of pocket because of their mistakes.

 

They say they will defend for the other half (interest) if I dont accept but it wouldnt be just the interest if it did go to court would it, and I know this is why a lot of caims have come unstuck cause they have had money refunded but gone to court to fight for just interest.

 

Am I making any sense? Do you see what I mean. Does it sound as though Im just being greedy though or am I enttled to these exta costs. After all they took my money in the first place and if it hadnt been for them doing that I might not have been in the position Ive found myself in lots of times and might not have had to worry so much.

 

I think I will ring them and tell them that I want the full amount and see what they say . Ill follow it up with a letter as well just to be safe.

There Ive managed to convince myself thats what I should do.

 

Perhaps when this is all done and dusted Ill be able to get a good noghts sleep instead of being up half the night eh .LOL:-)

[Dusary]

There are so many *bits* above that I'd like to respond to!!!!

 

Your resolve: Your feelings are QUITE understandable. BUT

You have come so far in all this (and you are close to the finishing post now) you MUST be firm with yourself!

 

If you think you that might c*ck up on the phone then don't ring them. After all, you don't want to cave in now, do you?

 

Take THEM to the wire. You've been here long enough to know that they ain't gonna' turn up in Court. The judges are just ITCHING to make them justify and defend their charges.

 

The fact that they have made some kind of offer shows that they are caving in. £300 or 3pence - it's your money!

 

(I found an account that has only one charge on it: £28. I'm damned if they are getting away with even that!)

 

They have caused 1,000s of us sleepless nights, hair loss, nervous tics, fear, anxiety etc etc.

 

NOW IT'S OUR TURN TO GET THEM !!

 

Well, I know that what we are really getting at is an Institution and not The Sallys and MissSixYearsandThat'sYourLot folks. Nevertheless ........

 

CHIN UP!!

[overflow]

Good morning and thanks for the reply

 

Thought I would be the only one up at this unearthly hour.

 

I know what you are saying makes sense I really do but, the thing that has me worried is a bit in the letter ;

 

" Halifax does not consider that you are entitled to the further £xxxx.xx that you are claiming. Unless you can provide evidence of this further loss Halifax will file a defence in respect of this part of your claim."

 

I know that if they do go as far as Court (unlikely but there is always a first time) then it would be for the total and not just the contractual interest Im claiming.Its just got me a bit flummaxed thats all.

Like you say I dont want to mess up this close. Although Ive read and re-read loads about the interest part I wen with the M&R route and I think now this is taken for a no-no.

If I had gone with the fiduciary route then perhaps things would be a little better.

 

Ill take the bull by the horns and ring later then send a letter as well.

 

Again Thanks for the click and words of wisdom:)

[sea-sidelady]

You could ring them and see if they will up the offer.

It cant do any harm, and they do seem to be settleing a few claims this way.

 

They will probably offer you the claim amount with the 8% interest, and state they will defend the CI.

[overflow]

Hi SSL

thanks for reply. What shall I do if they offer that my thoughts are to go ahead with claim cause all the want to give me is half. If they do then and I reject it then they cant just defend the interest in court can they its gotta be for the whole amount

[sea-sidelady]

Yes, dont settle for less than the full claim amount!!

 

If you ring they might say how much is a satisfactory amount, and obviously you say, the full amount.

If you back down on the CI you might get a settlement.

 

If you dont get a full offer, then its thankyou very much, the claim continues and you send any rejection letters needed.

[sanand]

Come on Overflow, you CAN do this x

[moneyhelp]

I agree sanand - GO FOR IT OVERFLOW!

 

We are all here willing you on - I really think this call will make them cave and give you a full amount

 

 

GO! GO! GO!

[ja-de]

Hi overflow, I rang haliprats this morning & they say that they haven't received the papers from the courts. Anyway to cut a long story short, it looks as though I'll be going to court after all.

[overflow]

Hi people.

 

Well Ive been and gone and done it.

 

Jumped off the fence and sent the letter of Rejection off today, aaannnddd Ive gone for the contractual as well :o .

 

I thought to myself why should I back down now Ive come this far.

If it wasnt for all your good sound advice I know I would have bottled out now and gone for less. Thank You All.

 

My reasoning for carrying on with contractual is this. In the letter they sent offering me half (cheek) they never mentioned Full and Final settlement so this makes me think they half expect me to reject it.

Now I wonder why.

 

So worse senario is , it goes to court and I cant give enough evidence for claiming contractual, then I still get the 8% anyway which going by my estimation on the spready is more than the Haliprats have got it to.

Plus Ill get the Court fees and my costs as well (I hope) .

 

So what can they do ?

 

Dont know if Ive done the right thing but, Hey, even if I lose the lot at least Ill have the satisfaction of knowin that I tried and took on the BIG boys, and as for the money ,well, what youve never had you never miss.

 

Although it would be nice to get it back , if I said otherwise Id be tellin porkies.

 

Well thats my news for the day. Its back to the waitin game then eh!

 

Once again Thanks guys .

 

Together we stand divided we fall init.

 

Regads.

[overflow]

Forgot to say I did try and ring them about 5 times today but nobody answering so I though "S*d it" and just sent the letter by next day delivery. They will get it tomorrow .OOOOOOOOOHHHHHHHH

[ja-de]

Thank you for the click. xxx

[sanand]

Thanks for the click overflow x