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

[maybelline]

okay - it looks like the part payment has just gone into my bank account, I need to be able to withdraw this sum before I am sure I have it, if you get my drift, but he remaining disputed sum has not been paid, this they have suggested they will defend in the court. I believe the next step is that I will receive the allocation questionnaire from the court. do i inform the court part payment has been received?

[Michael Browne]

I don't think you need to, only when the claim is settled to your satisfaction, but I don't see it can do any harm as long as you make it crystal clear that the claim is not fully settled

[maybelline]

many thanks, I am off to the bank tomorrow, when it is settled in full I will fill in the other details - and donate:)

[maybelline]

no problem at the bank, they appear to have paid the charges and the interest in two seperate payments to my account which I have withdrawn:)

 

next significant stage will be when then defend the remaining sum claimed.

[mechs]

well done and good luck im still awaiting my partial settlement

[maybelline]

thanks mechs, hang in there:)

[maybelline]

nearly sorted -

 

the bank needs to enter a defence, I believe, before Mon 2 Oct if they want to defend the remaining part of my claim but have entered nothing to date, I will check with the court again on Monday, if they have not then ( I have not received an Allocation Questionnaire either) then do I have to contact them or proceed through the court to ask for a judgement?

 

also I sent an I accept part payment letter stating clealy that I believe I am entitled to the full sum claimed.

[maybelline]

no word from the court of halifax and their deadline to enter their defence was today - what now??

 

apply for a judgement isnt it, I will go to the court where I filed my claim tomorrow am as I have to leave for work soon, when I get there is there a particular form I need and does it cost anything?

 

once I have applied for this judgement does that mean that a Judge looks at the claim and decides if I am entitled to the money? no defence and no AQ yet?

[maybelline]

confused:?

 

the halifax acknowledged the claim (wrote to me on 11 Sept) stating they had returned the form of Acknowledgment of Service to the court - this gives them 14 days? just been to the court who say they have 28 days and i need to wait another 5 but I am sure that is incorrect. they have not entered a defence so I went along to ask for a judgement. (they have indicated they intend to defend the claim) but have also made a part payment (approx 4/5ths)

 

the court said they had not opened the post etc etc and they were short staffed etc are they just stalling or are they right?

[maybelline]

Bump

[TideTurner]

Maybelline, have you received a reply on this yet? As far as I know, there is no limit on how long a DPA can go back, the original Act was in 1984. They do mention a 'disproportionate effort' for which they are entitled to charge a fee over the £10.00 limit currently set. They would have to justify the cost of meeting the application and show it is excessive. In any event you are entitled to the information. In all DPA applications I make I include a request for all archived material either held in a physical, digital, photographic, microphiche or other format. Emails are great - they don't know where they have been forwarded to, and what you know.

 

Insist on anything which contains your personal or financial information.

[maybelline]

I have not received a reply to my question here as to whether I can ask for judgement at the court yet,

 

neither has the court received any defence only an intention to defend?

 

my claim goes back slightly over 6 years but I have all my documentation from the whole period, letters, arguments entered into at that time about disproportionate charges and I believe I am correct in asking for a full refund for the period in question.

[TideTurner]

Have you received a Notice of Issue from the Court? You will have 28 days from then, unless they have filed a defence.

[maybelline]

yes, Notice of Issue claim date 01 September 2006. Deemed to be served on 03 Sept. by my calculation they have had 28 days.

 

ok, have spoken to the court who have now received a defence, copy in the post to me and an Allocation Questionnaire. I will be very interested to see what the nature of their defence will be. I will of course let you know.

[maybelline]

LIMITATIONS ACT AS DEFENCE - without admission of liability they have refunded 6 years preceeding the 'date of the claim form'. charges applied before this date are denied using section 5 of the Limitations Act 1980 which states that an action founded on simple contract cannot be brought after the expiration of 6 years from the date on which the 'cause of action' accrued. (my apostrophes)

 

'the cause of action' brings us back to when I knew it was unlawful (disproportionate and unfair) the date I filled in the claim form is not the date of cause of action.

 

helpful comments welcome.

 

I am assuming I will need to argue the evidence of manual intervention anyway since the bank does not admit liability of the sum refunded to date and then go on to the dates argued re: 6 years being stature barred and when this starts.

 

has anyone argued this in court, notwithstandng the cases mentioned on other threads Kleinwort etc.

[maybelline]

bump

[TideTurner]

This appears to be a delaying tactic - the 'cause of action' can be the date you first contacted them and registered a complaint or made DPA application, also (if you can prove it), another date when you first realised you were 'wrongued'. You have 6 years from this date (I have read 12 years with mortgages on this site - anyone confirm?) to bring an action. The limitation is with respect to bringing an action, not details of the action. They are sounding you out - stick to your guns and await a Court date. The action itself relates to a loss, regardless of date. Ask the Court for the date.

[maybelline]

thanks TideTurner, I do have evidence of 'when I was wronged' as this is the basis of my claim for the period I have stated.

 

Do I add this evidence to my Allocation Questionnaire or wait and bring it to court?

 

I am not asking for charges all the way back to the beginning of my account which would be several more years, only from my date of discovery which is I believe, very reasonable.

[TideTurner]

Adding it to the Allocation Questionnaire will help - it may rumble their boat and push them to settle, however, the Judges will realise that this defence is ludicrous on the day, and will have full knowledge of the Limitation Act.

 

Given the Legal advisors they have available, they will be seen to be acting irresponsibly in front of the Court. My guess is they are holding out until the end in the hope you'll give it up, or to make it as hard as possible for you.

 

They have filed the defence - let them explain it, although providing the Court with as much info as possible is always appreciated by the Judge, should it get that far.

[TideTurner]

Apologies, you need evidence of the date you 'realised' you were wrongued - I believe the limitation date starts from there

[maybelline]

thanks for your reply TideTurner, I have all that so will send it in.

[maybelline]

AQ into court, date for judge to allocate a date 23/10.

[TideTurner]

More waiting for a Court date, for something which could so easily have been resolved. With respect to dates, a friend has just received a letter to say his account with Halifax was closed on 5/8/06, after making SAR, but previously received letter on 7/9/06 to ask him to bring account up to date. Stand firm and await date. I hope this is a standard defence (and standard OR PART standard letter), as they don't appear to be able to allocate the time to look at each individual case, and the Courts will not appreciate any time wasting.

[maybelline]

they seem to have a standard letter when offering part payment that says 'unless you can show evidence' in relation i.e prove their utterances wrong, surely the place for the evidence comes when exchanging bundles anyway.

[TideTurner]

Any news Maybelline?