Tuttsi V Halifax ( 18 year claim )

[Guest]

Re: HALIFAX 18 year claim

There is no duty on you as the Claimant to refer to the Limitation Act in any way. Even the court does not have a duty to refer to it if the Defendants should fail to raise the matter for any reason including oversight.

If the defendants want to rely upon the Limitation Act then it is they who must raise the issue and plead it when the time comes.

If you include details from Celestine's post in your PoC then I would think that is sufficient and I would not make any particular mention of older charges at LBA stage, merely that you are going to issue a claim for a specified sum is enough and in any case your schedule of charges will include the date of each charge, so they will know soon enough.

Only you know if there is other information that you need at this stage and, as you say above, there is nothing vital, so issue your claim without delay.

The claim can be from either of you or just one of you but if I were being particular, I would make it from "Mr and Mrs" as joint claimants.

[TANZARELLI]

Re: HALIFAX 18 year claim

I think Cetelco has given some good sound advice DS. If you are not 100% sure then it is really not worht the risk. We could discuss the arguements for and against CI as well as discussing the relevant caselaw to back up arguements, but if you don't fully understand it and can't argue it then perhaps the wise thing to do is that what you seem to have now decided on.

I take my hat off to you for all your efforts in trying to get your head around what is a very tricky and complex type of claim.

For that I applaud you and duly click them scales for you mate. :-)

[crashbandicoot]

Re: HALIFAX 18 year claim

One final point the account was in joint names should the LBA be from both of us ( hubby) or can it just come from me and that goes for the POC as well.

I know more questions...... I want to get it right.

Cheers
DSxx

Hi Tutts, just to let you know I claimed for both my single account and my joint account with Halifax together. As you have equal authorisation over the account, you do not have to mention your OH, but as Cet said, to cover all bases it is worth mentioning his name. I sent all letters from me, but in the subject line I always referred to both names on the account. The Court Claim was the same, in my name only, but the POC made reference to both our names.

I also claimed pre-6yrs, and although I didn't use Cel's POCs, I think they cover the limitations very well. Good luck,

Crash

[Maxwall]

Re: HALIFAX 18 year claim

Hi Tuttsi

How are you getting on. Sorry i have'nt been about, but i had a lot of trouble logging into my account.

Any news?

[TUTTSI]

Re: HALIFAX 18 year claim

Hi Maxwall

Although I loved your Sempra argument and your poc was really written extremely well, but the size of the claim really worried me that I would be able to take on this claim of £50K+ Halifax for sure would hire the best legal team. My post 11 I had also asked you a couple of questions which had not been answered and then I cold feet so I decided to only go for 8% simple as I did not feel able to fight this as it was getting very complicated and my thoughts that this claim could be very costly if I were to lose.

But, I have passed on your excellent POC to Hallimac who is also doing a Halifax claim and wanted tyo use the compounded contractual interest - but his claim is very small in comparrision to mine.

I was about to send my LBA off this coming week based on 8% and hey presto you have appeared.....

If you can add anything else to my thread I really would appreciate it.

Thanks again

xxxxx

[TUTTSI]

Re: HALIFAX 18 year claim

I still have not yet sent of this claim and feel it is time I did it. Because of my financial hardship that I am experiencing right now it is a good time to tackle it.

I think for me will be to do statutory 8% interest and I think unless anyone advised differently that I will send them my evidence of hardship together with the LBA and claim under the present waiver rules.

Also, do I have to give reasons why I had not claimed sooner! as this is such an old claim and I have pondered so much on how to actualy deal with it.

Contractual Compounded interest would have been teriffic £60K plus, but do not think I would be able to stand up to there legal team and quite honestly would just like some of the money back to pay off debts and get us back on track.

xx
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Tuttsi

[Budgie]

Re: HALIFAX 18 year claim

Some comments in red below !!

I still have not yet sent of this claim and feel it is time I did it. Because of my financial hardship that I am experiencing right now it is a good time to tackle it. Sounds like a good plan.

I think for me will be to do statutory 8% interest and I think unless anyone advised differently that I will send them my evidence of hardship together with the LBA and claim under the present waiver rules. That is the right way to proceed.

Also, do I have to give reasons why I had not claimed sooner! as this is such an old claim and I have pondered so much on how to actualy deal with it.
For the purposes of trying to get it settled from hardship angle then just treat it the same as any would any other claim Tuttsi.

Contractual Compounded interest would have been teriffic £60K plus, but do not think I would be able to stand up to there legal team and quite honestly would just like some of the money back to pay off debts and get us back on track. 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 ).

xx
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Tuttsi

[TUTTSI]

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

[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.

[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

[TUTTSI]

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 )

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

[Amethyst]

Re: Tuttsi V Halifax ( 18 year claim )

Sorted

[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

[TUTTSI]

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