HALIFAX Court case 03rd Oct Help Needed

[paulindalex]

I am helping a disabled friend with his claim, which so far we have got £2495.oo back. However there is an outstanding balance in a second CC claim. We managed to get a 'Judgment by Default', on the second claim which Halifax got a 'Set Aside' from the court, claiming that they had already paid the money. They actually overpaid the first claim!, oh! dear what a pity.

Our situation is this, we desperately need some people that made claims against Halifax, with or without CC actions, who had 'offers to settle FULL AND FINAL', at a figure LESS than that claimed. i.e. £500 claim with £300 settled or what ever figures are relevant and the claimants permission to quote their claims in court. Our argument being if Halifax can use the system to SAVE money on claims then it is reasonable to expect that an error on their part which results in a overpayment, with a 'Full and Final' signed agreement, can be accepted as well. Basically we need to show the court that Halifax "wants their cake and eat it" and the court should not allow it.

Please spread this message to everyone you know who banks/ed with Halifax in the hope we can find some support and much needed evidence/help.

Regards,
PAUL

[Amethyst]

Re: HALIFAX Court case 03rd Oct Help Needed

I dont understand.

were the claims in the system at the same time ?

How much was the first claim for ?

How much was paid out ?

How much was the second claim for ?

Have you got a copy of the acceptance letter from the payment for the first claim ?

[paulindalex]

Re: HALIFAX Court case 03rd Oct Help Needed

were the claims in the system at the same time ? NO!

How much was the first claim for ? Round figures £1200

How much was paid out ? As stated £2495.oo 'Full and final' acceptance letter, provided by Halifax, ammended to state it refered to Case 7TM00200, in my hand. They viewed, after FAX and paid out later that day.

How much was the second claim for ? Round figures £4200.

Have you got a copy of the acceptance letter from the payment for the first claim ? YES

[Paule]

Re: HALIFAX Court case 03rd Oct Help Needed

I'm sorry but what are you trying to achieve here?

Can i clarify

1) You claimed for £1200 and they actually paid you £2495 as a full & Final payment.

2) You then started a new claim for £4200 which you got judgement by default, then they applied for a set aside sucessfuly as they had already paid a full & final payment (£2495)

Is that it.

Are these both for the same account / credit card, if so you will proabbly find that the Full & final settlement will be in all apsects and future claims. Have you got the offer letter that you can scan and post up.

As for saving money, that is correct and there is no law that stops them offering a lower figure to settle out of court.

Can Iask how you worked out your 1st claim totals as banks dont normally do cock ups like that, it could be that your figures were wrong. It could also mean that if you highlight this to them now they will ask for the overpayment back as well

[paulindalex]

Re: HALIFAX Court case 03rd Oct Help Needed

Thanks PK!, here is my reply,

1) You claimed for £1200 and they actually paid you £2495 as a full & Final payment. YES! this was for the first 4 Penalty Charges, totaling £120.oo plus recovery costs in 4 separate claims, 1 penalty charge per claim plus recovery costs.. All fully explained in previous letters. CC Judge consolidated the 4 claims and bounced the lead claim to another court. This claim was settled as stated for £2495 on a Full and Final agreement drafted by Halifax, amended by me to settle claim 7TM00200. They viewed the agreement and paid out later that day. Their mistake, not ours. We have the ORIGINAL letter of acceptance, as they paid out on the fax from Halifax Lichfield office.

2) You then started a new claim for £4200 which you got judgment by default, then they applied for a set aside successfully as they had already paid a full & final payment (£2495) Again Yes! This second claim was for the outstanding Penalty Charges, not yet claimed through the CC, all fully explained in my letters to Halifax, plus recovery costs. Halifax were informed 7 days prior to each and every action. They NEVER replied to any of my letters.

We are in court on 03rd Oct 08, for the Judge to decide which track to place the case in, for Halifax to present their defence. I wish to argue that they paid out on a 'full and final' and that is it. Any mistake on their part is theirs and that the outstanding balance remains unpaid.

[Amy]

Re: HALIFAX Court case 03rd Oct Help Needed

If you were overpaid on your first claim, why didn't you reduce the amount you are claiming in your second claim by the amount you were overpaid?

[Amethyst]

Re: HALIFAX Court case 03rd Oct Help Needed

1 penalty charge per claim plus recovery costs


you had 4 claims each for an individual penalty charge ? which totalled £120

So court fees would have been what another £120. What other recovery charges were there ?

What was the recovery costs and charges amounts on the fifth claim?

[paulindalex]

Re: HALIFAX Court case 03rd Oct Help Needed

Hi Amy,

If you were overpaid on your first claim, why didn't you reduce the amount you are claiming in your second claim by the amount you were overpaid?

Because, having been involved with various friends and friends of friends claims, over the last 2 yrs, I have witnessed Banks getting away with repaying much less than they should have done. All under the 'cover' of "Full & Final" agreements. The banks have got away with taking the P155 for too long , so my friend, Peter, and I decided to fight back through his bank, Halifax.

I sent 'if you don't do letters' every step of the way. They didn't, so we did. They paid out on a 'Full & Final' agreement, therefore it should be as strong for Peter, as it is for Halifax with other claimants.

PAUL

[Amethyst]

Re: HALIFAX Court case 03rd Oct Help Needed

Sorry Paulindalex think we're all being a bit slow today lol.

Have you got a thread elsewhere that might make it a bit clearer ?

[paulindalex]

Re: HALIFAX Court case 03rd Oct Help Needed

Hi Amethyst!

you had 4 claims each for an individual penalty charge ? which totaled £120

So court fees would have been what another £120. What other recovery charges were there ? Each one was for £250.oo plus 10% of recovered monies. (N.B. This amount was added to the claim, for Halifax to pay, NOT Peter.)

What was the recovery costs and charges amounts on the fifth claim? Again, all the outstanding Penalty Charges plus the same,as above.


PAUL

[Amethyst]

Re: HALIFAX Court case 03rd Oct Help Needed

So court fees would have been what another £120. What other recovery charges were there ? Each one was for £250.oo plus 10% of recovered monies. (N.B. This amount was added to the claim, for Halifax to pay, NOT Peter.)

Ahhhhhhhhhhhhhhh YES! this was for the first 4 Penalty Charges, totaling £120.oo plus recovery costs in 4 separate claims, was a typo - you charged the bank 10% of the charges in recovery costs ? no interest or court fess in that figure.

Did you do a spreadsheet working out the stat interest on the charges at 8% PA, its possible that that figure plus court costs could have bought it up to the £2495. And you werent overpaid and they have cocked up on the next claim saying it was paid when it wasnt.


Whats the breakdown of the current claim ? charges + 10% recovery costs again ?

[Amy]

Re: HALIFAX Court case 03rd Oct Help Needed

Hi Amy,

If you were overpaid on your first claim, why didn't you reduce the amount you are claiming in your second claim by the amount you were overpaid?

Because, having been involved with various friends and friends of friends claims, over the last 2 yrs, I have witnessed Banks getting away with repaying much less than they should have done. All under the 'cover' of "Full & Final" agreements. The banks have got away with taking the P155 for too long , so my friend, Peter, and I decided to fight back through his bank, Halifax.

I sent 'if you don't do letters' every step of the way. They didn't, so we did. They paid out on a 'Full & Final' agreement, therefore it should be as strong for Peter, as it is for Halifax with other claimants.

PAUL

I understand what you're saying, but for full and final to be binding there has to be consideration from both parties, so if these people didn't go back for the rest of their money simply because the bank told them the settlement was full and final then more fool them.

They overpaid you through a mistake, nothing more.

[Amethyst]

Re: HALIFAX Court case 03rd Oct Help Needed

I can confirm that Halifax honoured an 'offer' made in June 2007, of £2495.oo, which had been rejected immediatelly at that time, IN FEBRUARY 2008. We approached them and they came back the same day confirming their offer as "Full & Final". Original claim was for over £4000.oo. £2495.oo payment was made the same day!

Is this the same claim ?

[paulindalex]

Re: HALIFAX Court case 03rd Oct Help Needed

So court fees would have been what another £120. What other recovery charges were there ? Each one was for £250.oo plus 10% of recovered monies. (N.B. This amount was added to the claim, for Halifax to pay, NOT Peter.)

Ahhhhhhhhhhhhhhh YES! this was for the first 4 Penalty Charges, totaling £120.oo plus recovery costs in 4 separate claims, was a typo - you charged the bank 10% of the charges in recovery costs ? no interest or court fess in that figure.

Did you do a spreadsheet working out the stat interest on the charges at 8% PA, its possible that that figure plus court costs could have bought it up to the £2495. And you werent overpaid and they have cocked up on the next claim saying it was paid when it wasnt.SORRY NO!

Let's start again.
First claim was of 4 seperarte CC claims (which were 'consolodated' into one 'Lead Case'), e.g.;

Claims filed Feb 2007

10 Jan 02 - £30 charge + 8% interest + £250 and 10% of £30 charge + CC Fee. About £300 for Claim No. 7TM000198.

07 Feb 02 - £30 charge + 8% interest + £250 and 10% of £30 charge + CC Fee. About £300 for Claim No. 7TM000199.

06 Mar 02 - £30 charge + 8% interest + £250 and 10% of £30 charge + CC Fee. About £300 for Claim No. 7TM00200. LEAD CASE.

11 Apl 02 - £30 charge + 8% interest + £250 and 10% of £30 charge + CC Fee. About £300 for Claim No. 7TM00201.

All 4 were 'consolodated' into one LEAD CLAIM, i.e. 7TM00200 and bumped up to Hanley CC. Halifax then made an offer, in writing, to settle for £2495.oo with a full and final agreement. I altered the F&F, adding that the £2495.oo was to settle case 7TM00200. This altered and signed agreement was faxed to Halifax, from the Lichfield branch office of Halifax. We kept the original and Halifax paid out onthe FAX. We also have the local branch FAX Confirmation documents as well. My arguemnt is that a F&F agreement is as stated on the agreement.

Whats the breakdown of the current claim ? charges + 10% recovery costs again ? The second claim is for the total of other charges, previously detailed to Halifax, which were have not been claimed through CC + 8% interest + £250 plus 10% of charges total + CC Fees.

PAUL

------------------------------- merged -------------------------------
Quote:
Originally Posted by penalty charges
I can confirm that Halifax honoured an 'offer' made in June 2007, of £2495.oo, which had been rejected immediatelly at that time, IN FEBRUARY 2008. We approached them and they came back the same day confirming their offer as "Full & Final". Original claim was for over £4000.oo. £2495.oo payment was made the same day!

Is this the same claim ?
__________________

YES AMETHYST, IT IS!

[Amethyst]

Re: HALIFAX Court case 03rd Oct Help Needed

Okay in that case

How was the original claim over £4000 ? and why was the original offer of £2495 rejected ?

Was this guy going to claim every single charge seperately and add a random £250 onto each one as well as stat interest ?