Tuttsi V Halifax ( 18 year claim )

Re: Tuttsi V Halifax ( 18 year claim )

I have now drafted a letter and sent it to Budgie and have already sent the spreadsheet. Just waiting his approval.

Re: Tuttsi V Halifax ( 18 year claim )

Just for clarification I was working on this claim on CCS for AOP, but then it began to be impossilr for me to deal with a claim of that magnitude. Then the test case came about and I was stumbled again. Last March I did have intentions of starting the claim but never got arround to it because of other problems at home and unfortunately it took the back burner. I am anxcious now to get this claim off the ground and quite honestly I do not know how to start this prelim letter. I have the ending with regards to hardship but not the beginning of the letter and truly I would appreciate some help with an outline for the letter on how to approach this.

Incorporating the initial claim and the hardship together is new to tackle for me and any help with some indicators would really help.

I have already sent Budgie my spreadies with all the options so it is just the letter which now concerns me and the best way to tackle it.

Thanks xxxx

[TANZARELLI]

Re: Tuttsi V Halifax ( 18 year claim )

As far as I can see from the earlier posts in the thread Tuttsi hasn't sent anything in to Halifax at all yet by way of a prelim or LBA.

Waiting for Tuttsi's draft letter and spready and then we can talk about the best way for her to proceed.

Rgds Budgie

You might be right and I could be confusing this with one of her other claims lol thats why I added a question mark after the comment.

Cool.

[Budgie]

Re: Tuttsi V Halifax ( 18 year claim )

As far as I can see from the earlier posts in the thread Tuttsi hasn't sent anything in to Halifax at all yet by way of a prelim or LBA.

Waiting for Tuttsi's draft letter and spready and then we can talk about the best way for her to proceed.

Rgds Budgie

[TANZARELLI]

Re: Tuttsi V Halifax ( 18 year claim )

I think I get where your coming from however if I remember rightly Tuttsi has already sent a past prelim and LBA (?) and therefore if the content is too different and they do make an offer for refund of charges then I think without clearly stating CI it would appear that she is approaching this from a different angle and this could be the reason for the offer they might make. If she then turns around and claims CI again they could argue she is purely being greedy and could make out she is perhaps being vexatious.

I think the wording needs to be clear and I will wait to see what your thoughts are on this Budgie.

JMO though.

Tanz

[Budgie]

Re: Tuttsi V Halifax ( 18 year claim )

There seems to be some confusion.

Sorry, just to make it 100% clear.

I am actually suggesting that Tuttsi handles this a bit differently to a conventional claim. See earlier posts in thread.

If she were just starting a conventional claim she might normally raise a preliminary letter ( just for charges only ) then an LBA and then file at court ( adding statutory court interest at that stage ). Or if she was claiming compound interest then she would include details about that part of her claim in the preliminary letter.

However, this isn't going to be a conventional claim, well not initially anyway. This will be a request to Halifax to pay Tuttsi's claim, as described in her letter, owing to her severe financial hardship.

There is nothing to stop Tuttsi building an interest element other than compound interest into her initial letter. As long as she can justify it she can claim whatever she wishes, actually anyone who is starting a new claim can actually do this and there are various ways of justifying it.

Tuttsi won't refer to it in her letter as "statutory court interest".
It just so happens that it will be calculated the same way as statutory court interest !!!!!!!!!!!!!

Don't worry everything can be sorted out in the wording of the preliminary letter and I will adjust the spreadsheet headings to suit etc etc.

Please remember that the whole point of this initial exercise is to try to get Halifax into offer making mode, as a result of Tuttsi meeting the financial hardship criteria described in the FSA complaints handling waiver. If we can get them to start making offers then matters will be a lot easier to decide.
But I would really like to get an interest element built into Tuttsi's hardship letter so that she can start any negotiating process from a better postion than just charges only.

If the hardship angle fails then Tuttsi has plenty of time to restate her claim, with compound interest attached if she wishes, and file it in court when required.

Hope this makes sense.

Rgds Budgie

[TANZARELLI]

Re: Tuttsi V Halifax ( 18 year claim )

If your re-sending a prelim then its just charges total. However as Budgie points out if they dont settle then you add in a line to say you reserve the right to amend your claim to include CI if a settlement is not forthcoming.

Re: Tuttsi V Halifax ( 18 year claim )

First step, update your statutory interest spreadsheet, put all your charges on there, even the ones you have just incurred recently, get the sheet totally up to date. Then produce a draft letter to send off to the Halifax, similar to your Abbey one !!!, which is great.

Please feel free to post it up here and we can all help finish it off for you.

Budgie XX

Hi Budgie

We have no current charges on this account as it has been dormant for some years now. The first charge on this dates back I believe to 1990 But when I get home (at the office now) I will have a go. I also believe we mat owe them some money on this account - they did supoosidly sell the debt to Capquest but them after a lot of correspondence between Capquest and my self they sent the debt back to Halifax. I believe we owe them possible arround £900. So whatever I get above this would be great.

So to recap:-

1. Prelim letter with spreadie of charges and 8% interest to include the hardship as per Abbey letter + send them the evidence. Stating that if they were to settle now I would accept it....and give them 14 days to respond.

2. Do I also show them that in the alternative I could be looking for CI interest if I went to court!!! and give them a nice spreadie with that on as well or leave that til I get a response to the pre-lim.

Thanks
xxxx

[Budgie]

Re: Tuttsi V Halifax ( 18 year claim )

First step, update your statutory interest spreadsheet, put all your charges on there, even the ones you have just incurred recently, get the sheet totally up to date. Then produce a draft letter to send off to the Halifax, similar to your Abbey one !!!, which is great.

Please feel free to post it up here and we can all help finish it off for you.

Budgie XX

[Amethyst]

Re: Tuttsi V Halifax ( 18 year claim )

Sorted

[Budgie]

Re: Tuttsi V Halifax ( 18 year claim )

Ooops, we were preparing posts at the same time. Hopefully, I have answered your questions.

Re: Tuttsi V Halifax ( 18 year claim )

The waiver does contain allowance for some form of compensation by way of interest if the case goes our way....maybe ask for it along those lines.....something we need to think of in a general circumstance i think.


Bud - you can't suddenly introduce compound interest claim at court filing level if you havent asked for it all along. You know that anyway so I probably misread your post. Can you clarify pls. Ta.

I was intending to do a claim for my charges with 8% statutory interest
It was just something Budgie said which confused me!! hence my post.

Your rights are protected with the FSA waiver anyway, but it is pretty obvious that Halifax will not consider settling your claim under financial hardship grounds if you include a compound interest element. I suggest trying to get claim sorted initially using statutory interest approach, if that doesnt work then you can actually consider filing claim in Court using compound interest approach anyway. Remember that if you are trying to get this settled directly with Halifax ( before filing at Court ) then we will have to be careful about wording the interest part of your claim ( normally the statutory interest element wouldn't be added until you actually file at Court ).

I just did not understand fully this part of Budgies post and how I should deal with it.

xx

[Budgie]

Re: Tuttsi V Halifax ( 18 year claim )

The waiver does contain allowance for some form of compensation by way of interest if the case goes our way....maybe ask for it along those lines.....something we need to think of in a general circumstance i think.


Bud - you can't suddenly introduce compound interest claim at court filing level if you havent asked for it all along. You know that anyway so I probably misread your post. Can you clarify pls. Ta.

Tuttsi can do whatever she wants, I think the last activity on her claim was back in January so in effect she is starting things over again anyway, so she can word her preliminary letter to suit.

For example she could write a preliminary letter asking Halifax to consider her claim under the FSA waiver hardship criteria. She can say to Halifax that she considers interest should be added to her claim, she can use whatever method and whatever rate she wishes to try. For example she could say that she would be prepared to accept immediate repayment of her charges plus interest on those charges calculated using the method that the Court MIGHT apply should she eventually have to proceed with a court claim. She can then add a provision to her letter to say that should Halifax decide not to settle her claim immediately then prior to Court action she may decide to recalculate her claim on the basis of compound interest. As long as she gives Halifax sufficient notice ( I suggest 14 days ) and tells them exactly what their options are then she has nothing to worry about.

For an example of this see the copy of the letter Tom B sent to Halifax regarding his new claim.

Bear in mind that what we want to try to do with all of the current claims under financial hardship is to encourage the Bank to start a settlement dicussion.
Once we can get them to start making offers then various options will become a lot clearer.
Halifax do appear to be one of the Banks who are offering settlement under the hardship criteria so the important thing to do here is move quickly on Tuttsi's claim.

Budgie

[Amethyst]

Re: Tuttsi V Halifax ( 18 year claim )

The waiver does contain allowance for some form of compensation by way of interest if the case goes our way....maybe ask for it along those lines.....something we need to think of in a general circumstance i think.


Bud - you can't suddenly introduce compound interest claim at court filing level if you havent asked for it all along. You know that anyway so I probably misread your post. Can you clarify pls. Ta.

Re: HALIFAX 18 year claim

Some comments in red below !!

Your rights are protected with the FSA waiver anyway, but it is pretty obvious that Halifax will not consider settling your claim under financial hardship grounds if you include a compound interest element. I suggest trying to get claim sorted initially using statutory interest approach, if that doesnt work then you can actually consider filing claim in Court using compound interest approach anyway. Remember that if you are trying to get this settled directly with Halifax ( before filing at Court ) then we will have to be careful about wording the interest part of your claim ( normally the statutory interest element wouldn't be added until you actually file at Court ).



Just so I get this completely right when I do the letter to Halifax do I include sta int at 8% on each charge or just ask for the charges back only!! confused.

thanks