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I filed against Halifax CC on October 1st regarding PPI on a credit card with them. The PPI charges come to 470, but the compound interest is over 1200
The very unique thing about this is that I never signed up for PPI on the credit card. I've SAR'd Halifax, they sent me a copy of the application for (note: no CCA exists), and no PPI was signed for.
They've already been requested refund, they offered my a paltry sum. I refused and they sent a fob off letter explaining that they'd be coming forward with an offer. This was 2 months ago.
I've run out of patience now, so have filed for the whole lot (including PPI) at county court. They submitted acknoledgement of service on the 14th.
My question is, what do I do now? I have a copy of their acknowledgement of service, and no further directions. Do I wait for an AQ? Should Halifax be sending me their defence?
Ironically Halifax have declared that they intend to defend all of the claim Starnge when I already have a letter from them saying they be investigating and refunding:grin:
The court should automatically send you a copy of the defendant's defence once it has been received and filed by them. If and when you are notified by the court of a full hearing date, then you may (it depends entirely on your court, some request an aq is done, some don't) receive a notification to complete and file an Allocation Questionnaire (AQ).
If the court sends you an AQ notification, then you will receive a copy of the AQ form with the defendant's defence attached. If your court does not choose to request you complete an AQ, then you can choose to complete one yourself. In my opinion, an AQ is a good thing and you should read this link Allocation Questionnaires - A guide to completion which is contained within the Bank Templates section on this site.
Contained within the AQ is a Draft Order for Directions (DOD) and this gives you an opportunity to submit all the evidence that you are relying on to prove that you have been mis-sold PPI and to request from the defendant all the evidence that they should provide to prove the contrary (if indeed they can)!
Some judges will decide to allocate a short preliminary hearing date prior to giving a full date for hearing the claim, and this is also an opportunity to put your case before the judge and get the defendant to offer up all their evidence ... this is where your DOD will really come into play. Judges most often allocate this type of prelim hearing where they believe a quick settlement can be reached to spare all the cost and time of going to a full hearing.
I realise that this seems a tad complicated, and if you have any further Qs, please just ask.
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
Got the defence from Halifax today. Firstly they claim that Halifax no longer exists, and so the judge should strike out the claim. They're saying it should have been bought against HBOS???? I'm sure I opened the account with Halifax?
Secondly, they're claiming that they have repaid my PPI plus the interest totalling 580 quid. How have they calculated 110 pounds interest on 470 over 6 years? I applied compound interest to this amount and got closer to 1200. Surely if they've taken an amount of money from me, the interest on that amount was added to the balance of my account and charged at 18.9%
Someone out there can help surely? Is it a case of putting them to proof on the calculation and going to court over it? I'm assuming that the court will now either decide to strike out or send and aq? What are my options here?
The Judge has set a hearing date of 26th February.
Bring it on Halifax. I'll also make a suggestion that I'd like compensation as the negative credit I'm experiencing is directly related to these charges. Hopefully the Judge will have had a good Xmas and be a friendly and understanding fellow.
Does anybody have any place to start for me with regards to a court bundle for this case?
How do I go about putting the bundle together. Should I follow the same format of layout for Bank Charges?
I can only see that I need to include information regardikng renumeration i.e. claiming back the amount + compund interest that is contained elsewhere in this forums.
How do I go about claiming anything else. The amount to be returned by Halifax would remove the reason for the default on my account. can I include this within the claim particulars and ask for damages to be taken into consideration, or should I put this in a seperate claim?
Can anybody on here have a look at a witness statement for me?
Apart from the witness statement, what else do I have to include it the bundle.
The Defendant has already admitted that they owe me the money, we're just arguing over compound interest on the amount! I'm finding it difficult to find supporting legislation on claiming compount interest.
Just got back from court with Halifax regarding PPI.
Although I wanted payment in restitution, the Judge didn't award it. He gave me 8% statutory interest instead, which amounted to 212, and then awarded me costs of 300, so a nice little win.
The judge also gave me permission to ammend my claim as I'd sought damages for credit history, and unfair charges relating to over limit fees. He's given me until 7th April to submit these, and there will be no ammendment or court charge. So it looks like he wants me to claim damages as well.
Very pleased, seeing as I get a second bite at the apple and all. My second amended claim deals with the unlawful default, and damages for harassment. Totalling some £4000.
Darftblerk Vs Halifax
CC on October 1st regarding PPI on a credit card with them. The PPI charges come to 470, but the compound interest
Starnge when I already have a letter from them saying they be investigating and refunding:grin:
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