Cank vs Halifax

[cankster]

Well,

 

Just phoned the court and the lady i spoke to advised it should not have been stayed!!!

 

She has put a note on the account advising halifax have refused to settle and sent it back to mr judge.

 

Curious and curiouser.

[crashbandicoot]

Ooooh can't wait for the next update!!

[cankster]

Just called the court.

 

The lady I spoke to advised me that the judge has decided to have the case listed in the small claims court.

 

This means I'm Going to be claiming over 6 years and contractual in the court GULP.

 

Can't see them settling on this they will want to defend.

 

Any comments?

[zsazsa]

Good Luck - There's thousands behind you, I'm sure!

[sarahpp]

Just called the court.

 

The lady I spoke to advised me that the judge has decided to have the case listed in the small claims court.

 

This means I'm Going to be claiming over 6 years and contractual in the court GULP.

 

Can't see them settling on this they will want to defend.

 

Any comments?

 

Are the bank really going to risk the judge ruling against them on both contractual interest and section 32? This could set a huge precedent if they lose. I think they are just trying to see who blinks first and take it to the wire. Just my opinion but, are they really going to risk a court ruling on either of those issues let alone both together?

[Guest bluecloud]

Do you have a timetable yet?

 

Don't forget to keep in close touch with Mods and Administrators just in case you come across a particularly problematic item.

 

I think Sarahpp is spot on. There is little or no chance that the bank will risk an appearance in front of a judge. Even if the bank think they can defeat your claim, they will still have to disclose the true nature of their charges in order to justify them and that is something ALL banks must avoid.

 

Keep fighting, we're all rooting for you.

 

 

.

[cankster]

A timetable??

 

i thinks its likely they may yet show as precedent can not be set by small claims court.

 

I think thats the case anyway

[alanfromderby]

A timetable??

 

i thinks its likely they may yet show as precedent can not be set by small claims court.

 

I think thats the case anyway

 

You should get a timetable listing when certain actions have to be taken leading up to the hearing - witness statements etc.

 

You are correct that the County Court cannot set precedent - however, any victory in front of a judge would be a shot in the arm to everybody else....and would almost certainly see more claims being issued that rely on section 32, and where contractual interest is claimed.

[cankster]

not sure what to make of this?

 

Just received a letter from DLA PIPER LTD.

 

Advising me of a change of solicitor.

 

Apparently Halifax legal services have outsourced my case.

 

Is this happening a lot/is this something to worry about?

[steveoram1]

Watching this thread with interest. I have also just sent an LBA to halifax for charges plus contractual interest after a success on the joint account with statutory interest. I reckon they will fold like the proverbial pack of cards at the last minute. Can you imagine the press if a judge ruled for you on the Limitation Act issue - even if it is only Small Claims.

[cankster]

Just spoke to solicitor concerned, he advises he will be applying to have the case struck out. he also advised that As I was aware of the cost of the charges how on earth can i claim back for 9 years?

 

Any help i'm gettign worried now.

 

Also after talking to court a judge daniels is apparently waiting until he gets a full days worth of bank charges cases and then hearing them all at once.

 

Anyone want to come to Bristol County court with me.

 

Really bricking it now

[Guest bong]

Hi cankster, did you send the letter to the court that zootscoot suggested?

 

The thing is you weren't aware of the cost of the charges, you were only aware of the charges. So your argument is that the true cost was concealed from you.

[crashbandicoot]

Scaring tactics I believe, Canks...likewise, if they've got nothing to hide and are not in the wrong, why have they been offering you money as a gesture of goodwill? Keep on at it...will be keeping my fingers crossed for you...

[mcuth]

Yup, scare tactics - I wouldn't speak with the Solicitors by phone anyway - stick to the arguments, law & facts that we know about and you should be fine Depending on the date, I might be able to make it up to Bristol to be a supporting act

 

Cheers

 

Michael

[zootscoot]

As I was aware of the cost of the charges how on earth can i claim back for 9 years?

 

 

 

You are not arguing that they concealed the cost of the charges you are arguing they concealed their true costs relating to your breaches of contract.

 

DLA Piper were Abbey's solicitors - Abbey have since taken their all their claims in house. You might want to have a look through the Abbey forum to look at their tactics. I think generally they delay as long as possible but pay up before court.

 

Stick to your guns. You're nearly there

 

Zoot

[cankster]

Brilliant, now that is helpful info.

 

Feeling a little less worried now.

 

thank you

[JonCris]

cansker I too like mcuth might be able to attend Bristol if it gets that far. Let me know

[cankster]

JonCris & MCuth - Your support in court would be excellent. Thank you for the help.

 

Will post when I know more

[taylorbmw]

hang in there. not for much longer. just got paid out from the b.o.s £1273 plus£557 in costs and interest. standard 8% interest but have another one fired off shortly. will try claiming the big interest this time. its all worth while when they pay up and avoid court. ha ha

[Bigmac versus]

Hi Cankster have only just read this thread and im in the same position as you 8 years claim with contractual interest from halifax, only filed last week but will be using same arguments as yourself against the limitation act, im also under the impression as many others are that they will not risk losing this in the courts and settle before, however i reassure myself by saying whats the worst that can happen, they show up and win and that part of your claim dosent get paid, its got to be worth a try, stick in there and youll be fine im sure.

Another post regarding the limitation act i was reading was quite interesting, will create a shortcut to for you.

[Bigmac versus]

Have a read at this cankster

 

 

http://www.consumeractiongroup.co.uk/forum/scotland/41999-20-year-claim-limit.html?highlight=advocat

[cankster]

Thanks for the link.

 

Document seems to advise that we cannot claim under the limitations act.

 

In a claim for breach of contract, this will be when the breach occurred and again the claimant will have either 6 or 12 years in which to make a claim. It should be noted that, unlike Scottish law, time will run from the date of the breach and not from the date of any resulting loss. Moreover, the start of the limitation period will not be deferred merely because the claimant was unaware of the breach. As a result, a claimant’s remedy may become time-barred before they realise they have suffered a loss or even before such loss has materialised.

[JonCris]

It should be remembered that this opinion has been written by though learned, 2 lawyers & may not form the judgement of the courts. In fact very recently in Scotland that which was thought to be cast in stone (limitation on housing repair) has been overturned by the Supreme Court of Scotland & Glasgow Council now find themselves faced with bills for many millions. Also there is case law in England where the act has been set aside in favour of the claimant namely Haward & Others v Fawcett & Another

[cankster]

I finally have a court date!!!

 

Am listed for 22nd of February

 

22nd of february is apparently going to be nothing but bank charges at Bristol County Court.

 

See you all there folks.

[zootscoot]

Wahey Good luck!