Fendy -v- Halifax Credit Card Visa

[WendyB]

Re: Fendy -v- Halifax Credit Card Visa

Sorry to hear that Fendy, you must be well peed off.

If it was me, and this is just me personally, I don't think I'd appeal. Look at it this way, you've got 711 back, so if you add on the 8% and court fee you're probably about 100 or so down. But on the other hand, your £711 better off than you were in the first place, so you're probably about 600 quid up overall, which is better than nothing, plus (and this is only my opinion here) I don't know how far the Contractual interest thing would have gone, you may not have got it anyway.

Problem is most of the credit card companies don't want to go to court so cough up beforehand, seems like Halifax have a bit more bottle than the likes of Crap One and are toughing it out, and in this case, unfortunately, getting their own way.

I am honestly not sure what the legal position would be on this, no doubt soemone will post soon who's more knowlegable than me. What i've said above is ONLY MY OPINION, and what I would do if I were in your position. Sort of quit while your in front, unless you've got cast iron chance of taking it further.

Keep your chin up

Wendy xx

[TANZARELLI]

Re: Fendy -v- Halifax Credit Card Visa

Hi Fendy,

Sorry it didn't go your way on this one. What did your POC say on the limitations angle (out of interest)?

If your only arguement was fraud I would not have touched to much on this area of s32 of the limitations act. I would have gone for concealment, payment in mistaken belief and misrepresentation.

Also it is a shame your OH was not able to argue to points as to why s32 should have applied.

Correct me if I am wrong but have they paid out the charges already or part of them only?

[thephoenix]

Re: Fendy -v- Halifax Credit Card Visa

sorry to hear that. You have got the charges back though. I understand the contractual you were claiming was not part of the amount awarded but the charges levied were covered.

I would be careful about appealing as I believe you could then be liable for costs if it's lost again.

[Tempty]

Re: Fendy -v- Halifax Credit Card Visa

I'm sorry hun, but i agree with pheonix.
i know it's not what you want to hear. but look at it this way... you got all your charges plus a little extra.... that's a win in my book

[Fendyweather]

Re: Fendy -v- Halifax Credit Card Visa

Yep thats how I see it too now. And low and behold a letter came through from court this morning stating that whilst hubby has lost his claim (ha ha, NOT), the court are awarding us a refund of the court fee from Halifax, lol lol lol lol. So Im taking it on the chin, or should I say hubby is, it was his claim not mine, and he didnt read up or anything, even though I told him to, as I see it, the charges alone were £680. Weve had cheque back for already before the judges decision, of £711.18, and judge has awarded him court filing fee of £80 back too. So were in pocket. Im of a better frame of mind now and dont see it as a loss. But a win. Just sort of via the back door. I would have loved to have argued the point on hubby behalf though, but we were told I couldnt speak for him when we rang court that morning. So I was unable to use my knowledge on this to fight his corner. But as I see it now, as we both see it now, IT WAS A WIN. Only loss was contractual interest, and S69, but its still a win so far as I can see in that we got the charges back when we thought they were gone forever. Yaaaaaaaaaaaaaaaaaaaaaaaay. Im a happy bunny again. Need to get round to changing the spreadies on my three bank claims though now and refile them. They were returned to me by court because I hadnt filled in my middle name on the N1's. All three, Abbey, Natwest and Yorkshire Bank returned to me. B*gger pants. But as a few days have elapsed I need to rejig the spreadies to take account of the extra days interest now before I refile.

[Fendyweather]

Re: Fendy -v- Halifax Credit Card Visa

Um dont know whether I should post this........................ not sure........................... but Halifax as you know already refunded monies as goodwill gesture which covered all the charges, then cheque for £80 for court filing fee, but now theyve credited hubbys other card with over seven hundred quid, which paid his other card off completely and left us with cheque for 380. Lol Lol Lol.............. We never had any charges on this other credit card account with them, none, yet theyve credited it and paid it of. WHAT THE HECK IS GOING ON. Im keeping quiet................. not saying anything.........................if they ask him for it back he can give em it, but hes not saying anything for now. Lol Lol Lol ......XXXX Tis their own stupidity me thinks........................xx

[paulindalex]

Re: Fendy -v- Halifax Credit Card Visa

Hi! Fendy, Congrats and well done! Don't say nowt, it is their problem AND they would not want the press/media attention they WOULD receive if they tried to get it back. Great news.
PAUL.

[Fendyweather]

Re: Fendy -v- Halifax Credit Card Visa

Um, thanks, I feel a bit guilty, but its their mistake. We never made a claim on his aqua card, only his Halifax Card, which was old and closed anyway, so why the heck they think we claimed on his aqua card I havent a clue. We didnt. they cant have any letters from us saying we complained about it because there isnt any. We never contacted them, so how this has happened I dont know, I really dont, but both accounts are now clear and paid off and extra money in the bank too from the overpayment. So in the end, we actually ended up with a fiver short of what the total claim would have been if we had won on contractual compounded interest. RESULT OR WHAT................... happy as a dog with two tails me thinks. Lol xxxx If they realise their mistake and want it back Im off to the press,.............................in their letter from Aqua it say without any admission of liability and purely as goodwill gesture, amount of over seven hundred squid paid to the card to clear it. First time Ive ever known a bank pay a goodwill gesture when we never even claimed against that card. Lol Lol. I shouldnt laugh, but I do feel rather smug................ Fendy xxxx somebody somewhere is smiling on us.

[Mochamoos]

Re: Fendy -v- Halifax Credit Card Visa

pmsl, maybe they heard your reputation for kicking arse with the banks and just rolled over and played dead!

[Fendyweather]

Re: Fendy -v- Halifax Credit Card Visa

Lol, would be nice to think so, but believe me, I havent been doing this long enough to have any kind of reputation with any bank, lol, although would be nice to perhaps think so. N O T. thanks Mocha. xxx

[thephoenix]

Re: Fendy -v- Halifax Credit Card Visa

Nice result Fen, :roll::roll:

something you never expected.

Keep hold of that goodwill letter from Aqua.

[Mochamoos]

Re: Fendy -v- Halifax Credit Card Visa

Lol, would be nice to think so, but believe me, I havent been doing this long enough to have any kind of reputation with any bank, lol, although would be nice to perhaps think so. N O T. thanks Mocha. xxx

I dunno you sure whopped Natwests booty!