Court date & Halifax

[lynnette10]

I posted a question in the forum last week regarding my court case:

 

Question:

I have got my court date for 13 March 2007 at the local county court in Reading, the claim is for £2490.00 plus the interest at 8%, do you think I should carry on with my claim as I have gone this far. I am not claiming any late payment fee etc.

 

Answer:

 

You've already paid your court fee and allocation fee. There is no trial fee for small claims. Although the further costs you could incur would be for your bundle.

 

Your options are:

 

1. Withdraw now. - You lose your court fees and a/q fees already paid and they could seek their costs pre -allocation.

 

2. Withdraw on condition they will pay your fees and not seek any costs from you.

 

3.Try negotiating a lower settlement eg half of your claim + Costs

 

4. Pursue the full amount to court. If you lost you would lose the court fees that you have already paid. You would not be liable for their pre-allocation fees but would have to pay their travelling expenses etc.

 

Well since then I sent a letter to Halifax with a settlement offer and Halifax have appointed a solicitors called: DLA Pipers so I sent them an email yesterday and attached my letter to them. They have now came back with a reply, stating that Halifax will not accept the offer but will drop there charges if I reply by the 16th Feb 2007. They also state that as it was a joint mortgage and I only put the claim in my name that it will fail in court. I put my names on my bank charges and managed to get these back. We had joint authority on all our bank accounts etc. the funds were credited to a joint account.

 

What do you think my best option would be, are they trying to scare me or should i continue with this. I still haven't heard anything to say that it has been taken out of the small claims court.

 

Also they state this web site and attached a copy of the posts regarding stopping action on ERC.

 

Thanks for your help.

Lynnette

[zootscoot]

Have pmed you