pre 6 year claim @ Court Stage

[overflow]

Hi Littlejam

 

Your letter sounds fine to me but this part

 

"I hereby authorise you to remove this sum accordingly unless you are willing to make the payment a part-settlement."

 

You can tell them that YOU are willing to accept this as part payment but you are carrying on with the claim until you get All your money back.

 

Its your decision Not theirs.

 

I had an offer from them which I rejected and like yours the money was put in bank before the time was up .

I requested they take it back and it took them 13 days to do it, then they altered my statement so it looked as though they had not put it there in the first place.

Get your statemeny up on-line and print it out showing the money is there in case they do it to you as well.

They shouldnt mess with our statements and I dont think it would look good in Court ( should it get that far)

I would ring the Court to find out if they have acknowledged your claim yet. though

they nearly always do.

If they have then they have 28days from the date it was deemed Served which in your case was the 4th , so unless Im mistaken they would have untill the 1st Aug to File a Defence.

If they ignore that then you go for Judgement.

Hope this helps a little

Good Luck

Regards

[littlejam]

Hi Overflow,

 

Thanks for the advice. Unfortunately, I decided to send it as I wrote it as I was worried about time. The combination of the postal strikes and floods I wanted to get my reply to them ASAP. So today the letter was sent, faxed and I called to ensure they was aware that I refused their offer.

 

I will print my online statement as you recommended. I also received my 'Notice that Acknowledgement of Service Has Been Filed' dated 20 July 2007 with the intention to defend all of the claim. As you rightly stated, they now have 28 days from 4th July to file a defence which would give them until the 1st August.

 

OK so i'm left with the following questions which i'm hoping someone can help me with:

 

1. If & when they file a defence what is the next step? A hearing?

2. Should I send a copy of my "Response to Settlement Offer" to the Court and/or the address of the solicitors given on the Acknowledgement letter from the court?

3. Was I right to add the 8% sec 69 interest to my Response to Settlement Offer? Am I right in saying now that we are at this stage they should pay the interest & court costs?

 

HOPE SOMEONE CAN HELP!!??

 

Thanks everyone,

Jam

x

[littlejam]

*bump*

[littlejam]

sorry... another shameless bump..

[sea-sidelady]

1. If & when they file a defence what is the next step? A hearing?

You will recieve the defense papers, and maybe an AQ.

2. Should I send a copy of my "Response to Settlement Offer" to the Court and/or the address of the solicitors given on the Acknowledgement letter from the court?

You dont need to, as long as halifax recieve their copy.

3. Was I right to add the 8% sec 69 interest to my Response to Settlement Offer? Am I right in saying now that we are at this stage they should pay the interest & court costs?

Yes, you add the 8%, and yes they now need to pay the full charges, interest and fees.

x

 

I hope this helps.

[littlejam]

Thanks SSL, as always v helpful.

 

I shall keep you informed as to how this goes..

 

Many thanks

Jamie

[overflow]

Hi

 

Just to reply to your question.

 

They have until the 1st Aug to File Defence.

 

If they havent filed by then get in touch with your Court either on the day or the next day and enquire if they have filed.

 

Sometimes they do file but it takes a couple of days for you to find out.

 

I doubt if they will mind you .

 

In the event that they havent then your next step is to file for Judgement by Default.

 

Try to get this in as soon as poss.

 

In saying that there is no guarantee that they will not file a defence within a couple of days after you go for Judgement. May claim incompetency or something like that and the Judge will ,more often than not, allow them to do this.

 

It is just a matter of waiting again then for the court to serve that on them.

 

I am at that stage myself.

 

Put mine in last Tues , rang a couple of times , last time today and was informed by the nice lady that they had rather a big backlog.

They were 5 days behind she said .

They hadnt even started on the ones from last wk yet (mines one of them)

Said I should hear somethin deffo for early next week, am keeping fingers crossed.

 

Hope this has helped even in a small way.

 

Good Luck and never give up the FIGHT

 

Regards