Wilkins vs Halifax ***WON***

[WILKINSS208]

Answer this question and karnevil may be able to help you.

 

no i didnt include this i dont think anyway

[WILKINSS208]

Hi

I have another thread going, but wanted to know how many people have claimed for more than 6 years and what happened. I am at court stage and halifax rang today to tell me I am only entitled to the 6 years, no more. Did this happen to you?

Would really appreciate your comments as scared I will loose it now.

[Angi]

Hiya

I have just spoke to someone, whos claim for more than six years is at court now, BUT the lady from the court has rang her to tell her she is only allowed to claim 6 years at this moment in time, I know there are more people trying to claim more than the 6 years, good luck to them, I'm happy with what I got so not going to bother claiming anything else.

[WILKINSS208]

so you think cancel claim, not go ahead with the full years?

[WILKINSS208]

HI

IVE WON!!!! But confused.....

 

After they rang me they have paid me from November 2000 to November 2006 - however I started this claim in July. Should I not of been paid from July??

Also, I am claiming over 6 years and its at court stage. Will I just close the case now or will I press for remainder, afterall, they have already paid me the 6 years, cant take it back now.

[WILKINSS208]

HI

IVE WON!!!! But confused.....

 

After they rang me they have paid me from November 2000 to November 2006 - however I started this claim in July. Should I not of been paid from July??

Also, I am claiming over 6 years and its at court stage. Will I just close the case now or will I press for remainder, afterall, they have already paid me the 6 years, cant take it back now.

[WILKINSS208]

what? are you being funny

[WILKINSS208]

thank you i think i will do that. to be honest i just wanted peoples opinions and everyone seems to be going with that. i have other companies i am going to write to now as this has worked.

thank you kindly

[WILKINSS208]

i have received my money but only from november 2000, not july when i first started claim. also, i am trying to claim back to 1991. im continuing with my court claim got nothing to loose now as received payment for 6 years. court can only say pay that and thats that. see what happens

[WILKINSS208]

ive just realised when i updated my spreadsheet i put the date of claim as my new amended date. what have i done!!! thats why they only paid me from november 2000 and not july. do i have a leg to stand on now?

[WILKINSS208]

hi

 

this is my draft letter, what do you think?

 

Dear .

 

Thank you for your telephone call on 7 December 2006 offering to settle my claim for charges from 27 Novemer 2000 to 27 November 2006 totalling £749.88 plus the s.69 interest and court fees, totalling £879.88

 

This is not acceptable.

 

I will however be willing to withdraw my claim against the Halifax on payment of all charges from 14 June 1990 to 28 October 2006 totalling £1575.00 plus s.69 interest of £770.47, court fees of £120.00 and the SAR fee of £10.00. Total £2475.47.

 

My belief is that I have a strong case to reclaim charges from 1990 - 2000 under section 32 of the Limitations Act 1980, but am mindful of the courts time and costs incurred by both parties.

 

You will be aware that I first contacted you regarding the repayment of these charges on 11 July 2006 and the Limitations Act period of 6 years is calculated from this first point of contact.

 

Please confirm your acceptance of this offer before 4pm 15 December 2006, alternatively I will continue with my claim in the courts for the full period.

 

 

Yours sincerely

[WILKINSS208]

also, should i write to the courts to tell them i have received part payment ? is there a template letter for this?

[WILKINSS208]

bump

[hillards]

Have you actually received part payment? What tends to happen is that they make an offer, when you reject this then they withdraw their offer and you get nowt.

 

If you read through some of the longer threads, where other people have had the same type of letter, you will soon discover that a part-payment will not be paid. You either accept their offer as full and final, or go to the court stage.

[WILKINSS208]

It Wasnt A Letter If You Read My Story. I Have Received The Money For Last 6 Years But Still A Court Claim At Minute. They Have A Further 7 Days Left. I Turned Down The Letter Offer As Was £175 When Claiming Over £2k

[WILKINSS208]

bump

[hillards]

For your own records you should ask for things to be put in writing. I would never accept a telephone call as being final, only when I have it in a letter and the money has cleared would I do anything to release them from their commitment.

 

Strange that you've actually had money from them and yet you say it's still going to court, they don't normally pay anything until they have your signature in blood...

[WILKINSS208]

i did ask for it in writing but she said pointless as im still taking them to court for charges since 1990. shes paid me from 2000 to 2006 and that cleared into my account on friday. im sorry if you find this hard to believe, but its true.

why should i cancel court claim when i still want more from them. i am claiming until the limitation act 1980 for the rest

[WILKINSS208]

thank you karnevil for your comments, much appreciated!

I am donating some to site as been fantastic for me, also I have nothing to loose to try for the rest under limitation act.

i am now writing to halifax visa, capital one and gmac - lol this is great!

[WILKINSS208]

Hi

If you have read my thread you will know I have won the previous 6 years claim - yippee!

However, I am at the court stage and they have until Monday to reply to court. I am trying to claim also back to 1991 - as previous people have and I would like to see if I can under the limitation act 1980.

i have received payment for the previous 6 years which cleared into my account on friday. I have written to the halifax instructing them i will be continuing if they do not pay up. I have also wrote to the court to inform them I have received this part payment.

If the halifax defend this claim, will i get something from court to defend with? also, will i have to appear in court for a hearing and what sort of things will they ask?

im nervous, but not giving in. i want to win this for everyone on here and prove it can be done! If I can win it, im sure others can too.

[hillards]

Well done on getting so far with this. I only hope you can nail them for the remainder of your claim now, seems that several people on here are watching to see how these extended claims work out.

 

Just a quick note on a previous post, it wasn't clear if the money had cleared at that point. I had read the history and was puzzled over the part payment going through when the case was still moving forward as it's not 'normal'?

[WILKINSS208]

yes the money cleared for definate on friday as i have took it straight out and put in northern rock building society

[WILKINSS208]

the halifaxs deadline to my letter is monday 4pm, so we will see then. thats the end of their date for a reply to court. will i ring court on tuesday if i have not heard anything? see if defending - and does this give them another 14 days?

[WILKINSS208]

bump

[WILKINSS208]

well tomorrow is their closing date for court, if they defend (which i think they will) they have a further 14 days. not sure what will happen. got part payment and wrote to court to inform them but just wanting the rest now.