overflow v Halifax

[overflow]

OMG what have I done.

 

Ive just come off the phone after speaking to A Baker.

 

Told him I wasnt happy with the amount offered me and that although I no longer wanted to go for the CI rate I did not consider their offer to be what I requested on the spreadsheet relating t the 8% claim.

 

I said that I based this upon the charges levied on my account from 1999.

 

Told him I had done another spreadsheet but instead of 1999 I based it from charges 2001 and that their offer was more in line wih this date, therefore I considered myself as not being paid all my charges.

 

He said that their policy was only to go back 6 yrs .

 

I said I thought that they would quote the SoL but that as this can no longer be enforced that I wanted reimbursing for the dates 1999-2007.

 

He went off the phone for a while then said that NO they didnt do that.

 

I reminded him thatI sent a letter of rejection on 10th , the same day as they had put money into my account, authorising them to take the money back out if they did not agree to paying in full.

 

He said that I could leave the money in and if it did go to court thn I would be paid out on the remainder (if I was successful)

 

I SAID NO I WOULD RATHER YOU TAKE IT OUT:eek: .

There I go running my mouth again.

 

He said he would arrange that and he would get in touch with their Legal Dept to tell them of my intentions of carrying the claim on.

 

I reminded him they only had till the 23rd to file defence and asked him if it were possible to get it in writing that they wont pay out more than 6yrs, that they have based my offer on only last6yrs not from 1999.

 

He of course declined .(now theres a suprise)

 

Anyway I stressed upon him that I intend to go to Court for the full amount then +8% + £120.00 Court Fee ( and who knows if it goes this far I may claim for my costs of time as well, or is that pushing it).

 

I reminded him that it is only about another £300 pounds I am talking about.

 

SOOOOOOOOOO Have I shot myself in the foot?

 

Id love some veiws and advice. I see it now as a matter of principle, ITS MINE AND I WANT IT.

 

I envisage it now , Me in Court th Judge shaking his head and saying ,

" Well Mrs Overflow, you and your principles eh. No money for you then. You had it and now its been taken away. Boo Hoo.

You should have taken the money and let them keep the extra , now you must pay them £10000000000 for the hard work they have had to do in pressng a button and taking your money out . Its your own fault, so there, Nah Nah Na Na Nah".

 

Many a true word spoken in Jest eh!

Oh well if I do end up with ziltch then at least Ill know that I tried ,gone down fighting so to speak.

 

Right now Im just going to go and sit in the corner and cry a little bit before taking myself in hand and gving me a good bitch slapping for being so B****y pedantic.

 

Regards

[overflow]

Forgo to mention that I said Ive been on this site and tha there are numerous cases where people have had claims for over the 6 yr limitation and have been successful:)

[sanand]

Overflow you have not shot yourself in the foot. As I see it you are in the same position as me, we were both offered a settlement that we have both declinded, it dosnt matter that they have put the cash in your bank, they have until the 23rd of July to come up with with what we both want, if that dosnt happen then we just carry on as normal, ie; 7 day letter or go for judgment!! Keep your chin up and stop doubting yourself, WE CAN and WILL win this!!!!

[overflow]

Thank You sanand.

 

I hope things start to move on your claim. Youve been very patient , Dont know if I would have had the same mettle to get by like you have.

Hopefully we will both have WINNER put on our threads soon, very soon.

 

Regards

[ja-de]

Keep your chin up overflow, you too sanand, & miz. I just know your all gonna WIN this thing.

I soooooooooooo agree with sanand, you have NOT shot your self in the foot, all you want is every Penny that's owed to you.

Still keeping everything crossed for all 3 of you, so to you all.

ja-de

[overflow]

Thanks for that Ja-De

 

Havent seen you about much today, I hope your ok.

 

It would be great if tomorrow all three of us could get what we want wouldnt it.

Heres hoping , Good news for Lisa though isnt it . So glad for her, shes been put through the mill too

 

Regards

[ja-de]

Hi overflow, I've not managed to get online much today, been soooooooooooooooooooooooooo busy.

Got an appointment to arrange to move everything from haliprats on Wednesday afternoon, so will let you know how I get on.

It's fantastic news, it won't be long for you, sanand, & miz, just you keep checking that account of yours, cos you never know, they might just put everything they owe you in it.

Off to bed now, soooo, nite nite overflow, hopefully I'll catch you tomorrow.

ja-de xxxx

[Dusary]

Well!

 

I have read it!

 

I wouldn't worry about Mr Baker - OH! NO!

 

That's just the "standard/routine" -

"WHAT WE HAVE TO TELL YOU ON THE PHONE" stuff!

 

We'll get it ALL back!

[overflow]

Hi Dursary

 

I know its just the old BOG OFF stuff but can be nerve wrackin.

 

I hope your right, be just my luck to get a knock back, but at least I'll have stood my ground.

 

Ive been checkin my bank today to see if they have taken the money as Ive requested.

 

It is STILL THERE. . I wish they would take it out as its so tempting.

 

Dont want to touch it though. I wonder how long it takes them to take it back out.

 

I really thought that with speaking to the nice Mr B that it would be gone for deffo today.

 

I mean Ive given them authorisation in the rejection letter sent on the 10th what more do they want?

 

They have 6 more days to File Defence ( not counting today).

Just hope they get off the posteriors and do something soon.

 

Was even contemplating giving them a bell again today asking them why the money was still in the account. Might still do , or I could e-mail them I suppose ( Ill need to look for the e-mail address ) .

 

This sitting here waiting is like watcing paint dry.

Its proper doin my head in.

 

Well gonna try and get some stuff done for the Abbey now as every time the phone rings I jump out of my skin thinkin it might be the Haliprats, so if I make myself busy I wont have time to dwell on it will I.

 

Catch you all later I hope

 

Regards

[moneyhelp]

Batgirl is having the same temptation

[Dusary]

I succumbed to the temptation - I removed the money!

 

Thanks for the *you-know-what* BTW.

[overflow]

Hi money

 

I get the distinct feelin that they are messin with our heads.

 

they seem to be doing this to a lot of people lately.

[overflow]

OOOOOOOOOOOOOHHHHHHHHHHHHHHH Dursary

 

You are awful!!!!!!!!!!!!!!

 

But

 

I like you.

[moneyhelp]

Hi money

 

I get the distinct feelin that they are messin with our heads.

 

they seem to be doing this to a lot of people lately.

 

Its all a ploy hoping you will give up - NEVER give up - we will beat them!!!

[ja-de]

We've got to keep going to the end, & when YOU beat that bank, you will feel sooooooooooo happy, elated & proud of yourselves. You don't have to take my word for it, just ask money or someone else who've have won, or you just wait & see for yourselves!!!!!!!!!!!!

 

Thank you for the click.

[moneyhelp]

We've got to keep going to the end, & when YOU beat that bank, you will feel sooooooooooo happy, elated & proud of yourselves. You don't have to take my word for it, just ask money or someone else who've have won, or you just wait & see for yourselves!!!!!!!!!!!!

 

Thank you for the click.

 

Yup I agree

[ja-de]

Why, thank you money!!!

[overflow]

Ja-DeHi

Yea dont worry nothing is gonna make me stop now,

Ill either sink or swim.

 

If I lose well I have the satisfaction of knowin Ive tryed.

 

It would be great if sanand heard somthin tomorrow shes been through hell, her time is up same as mine.

 

It does get you downthough , what bugs me is the fact that they seem to drag their heels over smaller claims , ad yes it is frustratin when the world and his wife seem to be gettin paid yet theres no sniff of yours.

 

Never mind Im gonna look on the bright side the longer it takes to get it means I cant get my hands on it and go on a spendin spree.

 

REGARDS

[Batgirl]

Batgirl is having the same temptation

Lololol you're not wrong there Moneyhelp!! Got a leaky roof to fix at home, wanna book a holiday...wanna wanna wanna..aagghh! *Ahem..*

 

HIIIII Overflow!

Crikey what a time you have been having, but I really admire you, honestly I do. I sat up until 4am or there abouts reading and re-reading your thread, and others. I went all wobbly when I phoned the H/fax, and to actually refuse money from them felt SOOOO wrong lol, and yet so right! I don't know too much about CI but the way I see it you most deffo did not shoot yourself in the foot.

 

Gonna wander over to my thread now as I have some news (thanks to your suggestion:) ).

 

Chin up!

[Dusary]

Mmmmm!

 

I liked that comment about messing with our heads!

 

I gave my Mr Thornton 7 days to reply to my letters of June 9th.

 

SEVEN + NINE = SIXTEEN

 

Taking into account postal strike .....

 

He has not adhered to my deadline!

 

I think that I will call today!

[overflow]

HI Guys

 

Still not taken the money out of my bank, checked this a.m.

 

How long does it take them to do this after all they were quick enough to put it in, and I dont want it there ( SOB . Cant believe Im saying that.)

 

JUst dont want anything to jepordise my claim , dont know if it would like but not taking any chances.

 

I have a fax number and Im sitting here argueing with myself as to whether or not I should fax them and ask what they are playing at. Do they never honour anyones request?

 

They have just 5 days (not counting today Sanand) LOL. to respond before they have to file a defence . Lord knows they have had enough time to do this.

 

Ok I know they must be run off their feet but surely they should have enough staff to deal with any problems they are experiencing.

 

Oh I dont know what to do , Should I , shouldnt I ?

 

Decisions , Decisions.

 

What are these W (ooooppps:rolleyes: ) Bankers playing at .

 

We are the C.A.Gers

Youve took our money for years and years

We wont let go without a fight

You've heard us ROAR

Now feel our BITE.

 

OMG sad isnt it:p

 

 

Regards

[overflow]

Hi again.

 

Ok so Im sitting here getting mader an mader:mad:.

How dare they treat usthis way. Ive decided tosend tem another letter in the hopethat it might make them get their fingers out and give me back my money.

I want torn it past you to make sure it doesnt sound too amatourish , is that how you spell that , doesnt look right. So here goes:

 

Dear Mr Baker

 

Re Claim********

 

I write with regard to my claim against Halifax Plc

Wih reference to our telephone conversation 16-07-07, I wish to respectfully remind you that are in reciept of my letter dated 09-07-07 ,the content of this letter was to decline your offer of £****.** as settlement of my claim.

I requested once again during our conversation on the telephone that you make arrangements for the said amount to be taken back out of my account by yourselves as at no time had I agreed t this arrangement. I wish to point out that your letter dated 06-07-07, which I recieved on 07-07-07, offering the reimbursement, stated that I had 7 days in which to confirm with you if I was in agreement or if I wished to reject your offer.The monies were in fact deposited in my Account on 10-07-07.

This being the case it seems that you had decided to come to that decision for me before i had the chance to reply.

Upon going on-line today I see that the monies in question remain in my Account despite your reassurance during ourtelephone conversatin that you would arrange for them to be taken out.

Irespectfully remind you once again that I am prepared to takethis claim to Cour as I am not satisfied that you will not reimburse me for the full amount for charges going back to 31-12-1999.

This amount being £****.** , this is inclusive of the 8% interest, plus £***.** in respect of the Court Fee, thus bringing the total to £****.**

During our telephone conversation I staed to you that I was prepared not to pursue the CI rate. Therefore I amm willing to settle for whatever the Judge deems acceptable.

I also informed you that I assumed the amount of money you offered me was due to the fact that you had only taken into account the charges levied upon my Account from 28-02-2001 thus not including the charges levied upon my Account from the dates I had submittede to you beginning 31-12-1999.

When I mentioned that I believed this to be the reason that I had been offered less than the amount I am claiming yo informed me that it was not the Policy of the Halifax to reimburse anyone for more than 6 yrs. I requested that you could perhaps send me that in writing but you declined my request.

I think that I am right in thinking the reason behind the decision not to reimburse peole for more than 6 yrs is because of the Limitations Act 1980.

If this is the reason then I contend that the Halifax's actions amount to "concealment" under s32(1)(b) of the Limitations Act.

I wish to stress that the decision to purse this matter of bringing a Claim against the Halifax was not entered into lightly.

I am of the considered opinion that I have taken all steps to try and reach an amicable agreement, but, as of this moment in time , Halifax do not see to want to agree on the amount that I feel is, under the circumstances, only fair.

 

Yours Sincerely

 

Mrs Overflow.

 

 

Sorry its so long but does it sound ok guys.

Any advice please.

[sanand]

Thats sounds fine to me Overflow but I am feeling exactly the same as you, nearly at boiling point with them and all their b****y lies and I dont understand why people who filed after us ( you, me, miz and voyager) are being paid out before us??!! None of it makes any sense. I would ask one of the Big Guns to take a look (SSL, Dusary) before posting just to be sure xx

[overflow]

How do I get them to look ?

sorry if that sounds daft still not 100% on this comp.

[sanand]

Send them both a PM xx