Should I Settle ??????? "WON"

[joice]

Hi to everyone and i hope that you can help me with my problem. The HBOS has offered me £1400 to settle my claim, the offer expires on 5th October 2007. The amount i am claiming is £2500. I cannot decided what to do. I live in Scotland and i believe that the stay does not stand in Scottish law. I want to settle but my husband says to wait for the court case. Do you think i should try the Scottish courts? Please help as we are arguing all the time about this matter.

[sea-sidelady]

Are you claiming through the FOS?

 

If so and they are still willing to help, then carry on for the full amount.

[joice]

Yes just posted off all statments to them today. HBOS keep saying they are not open to negotation now. Would love for them to cave in as have been at this since June 2006! The have been delaying this for months with me.

[overflow]

Hi Joice

 

Blimey girl you are going through it arent you.

 

You must do what feels right for you, Unfortunately no-one can tell you what to do, we on here can only voice our opinions and offer our advice. Whether you act on it is entirely up to you and your good husband.

 

Have a read round the forum and see if anyone else has been in the same position , You might get some inspiration as to what course of action to take.

 

I understand it is very tempting to go ahead and take the offer, especially with all the talk about the TEST CASE, its just deciding if you are willing to wait for the unknown or take the money now, but there again, if you do that how would you feel if in a couple of months time you read that everyone was being paid out their full amount because they were willing to wait.

 

Its decision time for you both I think.

Stand by each other on whatever you decide to do, your both in this together.

 

Very Best Wishes and Good Luck

 

Regards

[maroondevo52]

Hi, Joice.

 

I'm also in Scotland and have had three successful claims paid out using the Scottish Courts. With my last claim (because some courts were throwing out more than one claim per account) I have complained to FOS. They have replied saying they will only deal with my claim after the "Test Case". My claim is for £5,000. so I might just have to sit it out.

 

Best wishes with whatever you decide to do.

 

Regards.

 

Scott.

 

[willmurr6]

Hi joice,in reply to your query on my thread yes i did receive the full amount including interest by going with the FOS.I started my claim with them in june and was settled last week to be honest i didn't have any problem at all.I received my offer the day before oft became involved so they had to honour it.If i can be of anymore help just ask.

[overflow]

Nice one Willmurr6

 

Congrats to you for winning.

 

I hope your post will give Joice some peace of mind now.

[joice]

Thanks for the support and quick replies. I have re-read the offer letter from HBOS and at the bottom it does state " For customers for whom Scotland is the most likely jurisdication, your right to refer your complaint to the Finacial Ombudsman Scheme will not be affected. The FOS provides a convenient alternative to the courts, and is free for consumers. However, if you nonetheless wish to continue your claim through the courts in Scotland, you may wish to seek advice " When you telephone the customer relations line they do not tell you this, they state that all claims are on hold until the test case. They do not have separate information for Scottish claims. I have decided not to be put off, they owe me this money and i want it back....But fingers crossed that the FOS can come out fighting for me..

[bennyowen]

joice,

The money is rightly yours like evryone else here. Don't be bullied to a surrender. Everyone here is with you. If FOS cannot perform, be patient for the D-Day, the banks will surely loss the fight.

 

They can only delay.

[joice]

Think someone at the HBOS has been watching to much Deal or No Deal . Hope im not the first to go home with not even a £1

[grant123]

All the best. With whatever you decide to do !

[kennythecelt]

Thanks for the support and quick replies. I have re-read the offer letter from HBOS and at the bottom it does state " For customers for whom Scotland is the most likely jurisdication, your right to refer your complaint to the Finacial Ombudsman Scheme will not be affected. The FOS provides a convenient alternative to the courts, and is free for consumers. However, if you nonetheless wish to continue your claim through the courts in Scotland, you may wish to seek advice " When you telephone the customer relations line they do not tell you this, they state that all claims are on hold until the test case. They do not have separate information for Scottish claims. I have decided not to be put off, they owe me this money and i want it back....But fingers crossed that the FOS can come out fighting for me..

 

That para you quoted has not been included in many other letters received by Caggers. To my knowledge, I am the only other one. I don't know why that was.

 

Try FOS and include a copy of the letter which effectively invites you to go to them. See what happens. Effectively, that might, only might be a good roll of the dice. I have a complaint form from them and will be doing the same on 3 partial settlements on current accounts.

 

As others have said, it is very much a personal decision and you both need to consider your own circumstances and do whats best for you. The test case will not be settled quickly, a lot longer than a couple of months.

 

There may well be appeals if it goes against the banks. Although if they lost, the waiver should hopefully be lifted during the appeal stage, if not before. That however, is speculation.

 

At the end of the day though, it is all your money and they have acted unlawfully by taking it.

 

Does anyone else have that paragraph in their letters from HBOS?????

 

Good luck!!

[overflow]

Hi Joice

 

Glad to see youve come to a decision.

 

Im sure you have made the right one for you both.

 

Keep thinking "Its my money" Grit your teeth and show them your determined and they cant put the frighteners on you.

 

Good for you!

[joice]

Thank you all for your support will keep you posted. How long do you think i should give it before contacting FOS, or do you think i should just let them get on with it?

[u20sr]

kennythecelt: Yep, had the same wording on my letters.

 

joice: To be fair, the FOS were efficient at contacing me with updates etc. However, if you're like me and get impatient, no harm with a quick call on progress.

 

Keep us updated.

[kennythecelt]

Thanks U20r

How are FOS dealing with your claim now. Still proceeding?

Ta, Kenny

[joice]

It was the FOS who contacted me after the stay was in place. They phoned me at home and I told them that i was not happy with the offer and they then told me to send in all statements to them. They implied that as i had an offer there maybe something they could do for me. Fingers crossed.

[u20sr]

kennythecelt: Uck, just waiting for payment, seems to be the longest wait.

 

You phone up one minute and it's payment this week, phone up next and they've no trace of FOS acceptance. Total fan-dans the way it's handled.

 

Joice: Sounds positive. Don't think they would invite further communication unless it would be beneficial.

 

Looking forward to hearing you with the full amount soon.

[kennythecelt]

I am going to phone FOS, and check on the situation to see if there is a difference between Scotland and elsewhere, given the contents of that paragraph posted by joice, which the 3 of us have copies of from HBOS.

 

Will update later when I have an answer.

[joice]

Hello again,

 

Just a quick update. Got letter from FOS to say they had my statements and they will be in touch. Hope its not long as i'm skint and christmas is not that far away...

[**Tilly**]

hope you hear something soon joice good luck

[overflow]

HI joice

 

Yea I second that .

 

Keeping my fingers crossed for you to hear something positive very soon.

Know what you mean about Crimbo . LOL

 

Regards

[sea-sidelady]

They dont normaly take too long, but i guess they are overloaded with the claims now aswell.

 

Keep in touch,

[joice]

Happy New Year

 

And yes i have just sobered up. I have just come back from my 40th birthday bash with the girls in Tenerife and there is a most welcome deposit of £2000 in my bank account and a lovely letter from the FOS saying that the Halifax have agreed to stump up my money.....I have won..and it couldn't have been at a better time. I was beginning to lose all hope of getting money back. I can only thank everyone for their support and i nice wee thank you card is going to the FOS. I am going to enjoy spending my money.

 

Good luck to you all and i hope they get the sh*t kicked out off them at court.

[Michael Browne]

Excellent!!

 

Please complete the survey here:

http://www.consumeractiongroup.co.uk/

 

......and maybe a donation.

 

Enjoy the dosh!!