maybelline v Halifax ***SETTLED IN FULL***

[Tinkerbelle]

thanks Tinkerbelle, they do send me the Claim No I suppose, the clerk at the Court said they would be in touch by post.

 

sorry, this is probably easy to find on the forum also, just a bit excited! thanks for support from all.

 

Yes they will send you a sheet that lists the Claim number and also the date the claim was issued.

[maybelline]

Received today, offer of £125.00 in full and final settlement, enclosed a form to sign and return.

 

I will delete the 'full and final settlement' part and accept the offer in part payment - ok? Adding a sentence making clear that I will be pursuing the rest of the claim.

 

 

also enclosed, standard letter, 'we incur costs regardless of the shortfall involved and it is fair to pass this on to customers involved' and prepaid envelope Leeds address to Redress Assessor.

[Tinkerbelle]

Received today, offer of £125.00 in full and final settlement, enclosed a form to sign and return.

 

I will delete the 'full and final settlement' part and accept the offer in part payment - ok? Adding a sentence making clear that I will be pursuing the rest of the claim.

 

 

also enclosed, standard letter, 'we incur costs regardless of the shortfall involved and it is fair to pass this on to customers involved' and prepaid envelope Leeds address to Redress Assessor.

 

You have already issued court papers have you not?

[maybelline]

yes, issued on 29th, so I think this offer is in response to the LBA rather than that. I am wondering if I should accept as I am meant to show that I am not obstructing their efforts to negotiate or just ignore this until I get a response on the Court papers.

 

ok, see what you mean now - I am pursuing the claim because I have issued the court claim, so I just adjust the sum if they pay up their offer of £125.00 (sum claimed is £1700 plus)

[livelylad]

yes it does vary depending on the amount you claim. i asked for £1800 and had to pau the max which is £120. good luck and keep fighting

[maybelline]

thanks, I did not pay the £120 fee because of my benefits, benefits the bank in the past have been happy to wipe out with their charges.

 

I am very motivated to continue to fight because I believe in this site and what we are all trying to accomplish together, many thanks.

[maybelline]

Hello, I have been having lots of problems logging onto my halifax ac lately and just got my card declined for cashback even though in credit, took funds from wall at same supermarket?? do they 'interfere' with the processing just to make life hard

 

oh well I have other accounts I can use if nec!

[dinky]

Hi

 

The day after i recieved an offer settling in full i had my account closed.

 

They say its because i was overdrawn for such a length of time, but these were charges that i was disputing and had included in my claim.

 

So beware they might've closed it, but under the banking code, they are not allowed to. check out the banking code bulletin board.

 

Banking Code Standards Board

 

Dinky:)

 

PS i still have not recieved any money from them, i was supposed to have recieved a cheque today, but we'll see what mondays post brings.

[maybelline]

thanks dinky, that is a useful website, an interesting read in relation to what the banks have done re: charges, sounds like a material breach to me since I would argue they knew what they were doing - anyway, will wait to see if I receive any response to my court claim this coming week?

 

I do hope they sort yours out soon, how can you withdraw your money when they return it if they have closed the account??

 

defies logic I reckon, best of luck, keep watching the post!

[maybelline]

back again, no word from the court or them, I have not returned their offer letter - should i??

[Michael Browne]

No, ignore it. Just stick with the court claim.

[maybelline]

just spoke to the court, they did not serve until 0309 so they have 14 days from then, the court said 18th for them to reply? if they acknowledge then they have more time I think. will wait and see.

[dinky]

Hi,

 

The court worked it out as 14 working days for me, and that was around the bank holiday aswell...my timetable was calendar days...but it will work out in the end...just sit tight.

 

Still no cheque from the bank...if its not here tomorrow they will have yet another phone call from me.

 

Dinky:)

[maybelline]

received today - Notice of Issue from the Court, claim issued 010906, (I actually went in with the documents on 290806?) sent to the defendant by first class post on 310806 and will be deemed to be served on 030906. the defendant has until 180906 to reply.

 

I have a Claim Number:)

[maybelline]

quick update -

 

just had an offer on phone of refund of charges plus interest for last 6 years, reason given that the statue of limitations prevents them refunding the rest, and stated that this was so right across the industry??

 

strange since we all know that 'the industry' has refunded more than six years?

 

(it is a difference of approx £300.00.)

[mechs]

Im at the same stage im trying for the extra lol

[maybelline]

should the banks be quoting this bit of legislation as if it was written to be interpreted the way they have??

i.e. I believe they are wrong to use statute of limitations in this issue and it is being challenged by some on here and the banks have already repaid more than six years so why one ruel for some and not others? shall I proceed to court with this??

[mechs]

I am obviously you have to make up your own mind about it

[maybelline]

yes, thinking out loud really:)

 

I think I will proceed to court.

[mechs]

[maybelline]

received my offer letter today, offer is on a commercial basis but rather strange then that they will defend the remaining sum which is approx a fifth of total? as this does not make commercial sense does it? what is achieved by bank winning/losing on commecial basis this small sum rather than the whole.

[mechs]

basicaly what they are saying is that for them to defend in court will cost them money, so they will pay you £xxxx amount and hope you will accept it, using the 6 year rule as their get out clause

[maybelline]

On 11th Halifax rang me at home and offered to pay most of my claim barring approx 1/5 and stated the statute of limitations as their reason. I asked for this in writing and on the phone they also said yes you have seven days to reply.

 

On 12th they notified the Court of their intention to defend the whole claim.

 

So how does that work? They had already decided to defend the whole claim while at the same time offering most of the claim over the phone. So, today I received the notice of Acknowledgement of Service Filed indicating the intention to defend whole claim (dated 12th).

 

According to my notes they had until 18th to acknowledge, so now they have bought an additional 14 days to 2 October I believe. I accepted their offer of part payment in writing and they stated in their letter they would defend the remaining part only, I am confused as they have contradicted themselves. Also, the letter from the Court states the defendant has 28 days to file a defence from the date of service of the claim form with particulars of claim, or of the particulars of claim, to file a defence (this is from my original file date isnt it)

[mechs]

I was also offered a small amout of my claim saying they were willing to pay this but will defend the remainder using statute of limitations as their get out clause am still awaiting a response.

 

They have 28 days from acknowledgement of service to file their defence

[maybelline]

thanks Mechs, we will wait:)