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Just an initial hello to everyone of my fellow Halifaxions
I embarked on my new claim against Halifax back in January, following two successions against Natwest.
I opted to go beyond the 6 year limitation with 11 years worth of charges amounting to little over 2k and on 07th July my claim was deemed served.
I received Halifaxs' poor excuse for a defence (which was frankly, laughable) which was filed on 27 July and after completing my AQ I received a letter from Bournemouth cc dated 31-August advising me that DJ Hurley has ordered that my claim be stayed forthwith pending the final determination of the OFT test case (including any appeal):devil:
I am in the process of filing an Application Notice objecting to the stay but am having problems setting out the grounds in order to have it lifted.
Unfortunately, it appears that in order to sway the judge I will need to convince him/her (in the most part) that not to do so would cause me a great deal of financial hardship. This is where the problem lies and is why a majority of the templates I've managed to source does not apply. Although my partner and I are indeed having financial difficulty my account with Halifax was closed back in September 2004. Due to my former claims against Natwest I opened new accounts with abbey, whom I bank with to date and is where all our benefits get paid into. I am concerned that due to this, the DJ will view that our financial hardship has no bearing on this particular claim.
It doesn't end there, oh no. Just received a letter this morning from Halifax Customer Relations dept advising me that their 'goodwill offer' of 237.13 still stands it reads...
'Dear muggins73,
Your case in relation to bank charges is currently pending before the court.
We wrote to you recently to make you a goodwill offer as full and final settlement..blah, blah, blah,,,,,that you can accept or reject this offer. If you decide to reject this offer and await the outcome of the legal proceedings with the OFT you will need to return the money which we have already paid to you. We will reconsider your complaint once the test case is resolved'.
I wrote to them on 27-July stating that I'd accept the sum offered as part settlement only and on the clear understanding that I will be continuing with my claim until the full amount has been paid. I also sent a copy of the same to their solicitors advising them that 'the Account' has been closed since September 2004. It truely is like :argh:!!!!!!!
Their idiotic behaviour only feeds my desire to fight have the stay lifted. Any thoughts would be greatly appreciated? I've got 28 days.
I embarked on my new claim against Halifax back in January, following two successions against Natwest.
I opted to go beyond the 6 year limitation with 11 years worth of charges amounting to little over 2k and on 07th July my claim was deemed served.
I received Halifaxs' poor excuse for a defence (which was frankly, laughable) which was filed on 27 July and after completing my AQ I received a letter from Bournemouth cc dated 31-August advising me that DJ Hurley has ordered that my claim be stayed forthwith pending the final determination of the OFT test case (including any appeal):devil:
I am in the process of filing an Application Notice objecting to the stay but am having problems setting out the grounds in order to have it lifted.
Unfortunately, it appears that in order to sway the judge I will need to convince him/her (in the most part) that not to do so would cause me a great deal of financial hardship. This is where the problem lies and is why a majority of the templates I've managed to source does not apply. Although my partner and I are indeed having financial difficulty my account with Halifax was closed back in September 2004. Due to my former claims against Natwest I opened new accounts with abbey, whom I bank with to date and is where all our benefits get paid into. I am concerned that due to this, the DJ will view that our financial hardship has no bearing on this particular claim.
It doesn't end there, oh no. Just received a letter this morning from Halifax Customer Relations dept advising me that their 'goodwill offer' of 237.13 still stands it reads...
'Dear muggins73,
Your case in relation to bank charges is currently pending before the court.
We wrote to you recently to make you a goodwill offer as full and final settlement..blah, blah, blah,,,,,that you can accept or reject this offer. If you decide to reject this offer and await the outcome of the legal proceedings with the OFT you will need to return the money which we have already paid to you. We will reconsider your complaint once the test case is resolved'.
I wrote to them on 27-July stating that I'd accept the sum offered as part settlement only and on the clear understanding that I will be continuing with my claim until the full amount has been paid. I also sent a copy of the same to their solicitors advising them that 'the Account' has been closed since September 2004. It truely is like :argh:!!!!!!!
Their idiotic behaviour only feeds my desire to fight have the stay lifted. Any thoughts would be greatly appreciated? I've got 28 days.
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