Wilkins vs Halifax ***WON***

[WILKINSS208]

Hi everyone:lol:

I have received my letter from the halifax stating they will be in touch within 4 weeks. I have supplied a spreadsheets of costs etc, and allowed 14 days which runs out on Tues 14 Nov. I have already filled in my court claim form online as I dont think I will hear before then. Is this right?

 

I am claiming £2306.24 in charges inlcuding interest. I am in the process of doing credit cards aswell.

 

How long does it take to settle for everyone? When should I expect payment if court letter goes next week?

 

Thanks Sharon

 

11.8.06 S.A.R - (Subject Access Request)

29.10.06 Requesting charges back

2.11.06 Received letter to say will get back to me in due course

[jonni2bad]

STOP

 

It does seem as though you are rushing along here without really understanding the process - carry on in that fashion and you will find yourself in difficulty and will put your claim at risk.

 

I hope, when you refer to the court claim, you mean you have simply started the process of filling it in and have not actually pressed "go" and started the action???

[WILKINSS208]

Hi

Yes your right, I havent filed the court claim yet just getting it ready as thought it might take a while. Ive saved it for when I need it.

I am sending the Halifax another letter on Tuesday if I do not hear from them, giving them another 14 days. then if nothing, I will forward to court. Is this right??

You seem I am rushing, this was started in August so I dont think I am

[WILKINSS208]

Hi

I the letter off to halifax 14 days a go requesting payment. I have allowed 14 days, and only received 1 letter to say they are dealing with it and will be in touch within 4 weeks. Is this standard??

Do I send another reminder letter at this stage, or wait for the 4 weeks? What do I do then?

Appreciate any help you can give xx

 

11.08.06 SAR REQUEST (40 DAYS) - failed to respond in 14 days

29.10.06 REQUEST FOR PAYMENT 1ST LETTER (14 DAYS)

[Guest Mumofthreeboys]

Have you read these http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

[WILKINSS208]

So I Dont Wait For Their 4 Weeks Then? Great!

I Will Start Letter Off Tomorrow If I Dont Get Anything In Post. Does It Normally Get To This Stage? How Long Do You Think It Will Be Before Court? And Once They Agree Settlement, Do They Pay Straight Away?

[WILKINSS208]

Please can someone help me. I have been throught the prcoess of SAR, LBA etc etc, now the halifax have offered me £175 when they owe me £2542.

I am just about to do my online claim, but was wondering what you put in the claim details?? Also, I am so scared that this is going to go wrong.

The letter I received today says "i confirm we will not refund your charges you have occurred on your account over the last 6 years. i must also stress that future cahrges will stand and we reserve the right to close your account."

want to do claim but scared i will pay £120 to court and not get a penny back

can you help????

[katesage]

Wilkins

 

You will get your money back..every penny including the court fees.

 

But to fill in the MCOL form online you must read up on how to fill this in properly.

 

The part of the form called 'Particulars of Claim' causes the most problems because you have limited space to add in all the info you need.

 

Do some more reading and have a look at this

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

It will give you all the help you need.

 

Good luck

[WILKINSS208]

Hi

 

Thanks!

 

I have wrote the below, is this ok??

 

1. The Claimant has an account XXXXXXXX with

the Defendant, opened 1991. 2. Since 1991

the Defendant debited charges and interest

in respect of purported breaches of

contract. 3. Defendant is aware of all

details as a list of charges has already

been supplied. Another copy will be sent.

4. Claimant contends: (a) The charges exceed

the Defendant's losses caused by the

breaches; (b) The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair

Contract Terms Act 1977 and at Common Law.

5. Claimant claims: (a) return of the

amounts debited of £1575.00; (b) Interest

per S.69 County Courts Act 1984 of 8% -

£731.24 continuing at 8% until judgment or

settlement. 6. Alternatively, if the charges

are a fee for a service, then they must be

reasonable under S.15 of the Supply of Goods

and Services Act 1982. 7. Costs allowed by

the Court.

 

Please let me know, as wanting to send court form away asap

Thanks everyone who reads and replies

[katesage]

looks ok to me although you havnt calculated daily rate of interest.

is there a reason?

just check again against jonni's template to be sure, but otherwise, it looks good.

[WILKINSS208]

thanks for your replies kate. appreciate your help.

 

i have amended it, does this look right now?

 

1. The Claimant has an account xxxxxxxx with the Defendant, opened 1991 2. Since 1991 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £1575.00; (b) Interest per S.69 County Courts Act 1984 of 8% - £731.24 continuing at 8% until judgment or settlement at a daily rate of £0.50p; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court plus £10 subject access request fee

[katesage]

Great, looks good to me! Are you ok on the rest of the form, have you been on MCOL yet?

Good luck

 

[WILKINSS208]

Hi kate, your a star!

 

I feel ok with the rest of the form, my details, banks details. Then putting amounts in. One thing I was wondering was in my little bit above I have entered £1575 as amount claiming, but I want interest etc aswell. Should I put this amount here, or total amount? I know I have mentioned interest afterwards so I assume court would understand claiming both amounts totalling something like £2306

I will pay this court fee of £120 and get this underway. Im panicing but must be done :o

[katesage]

In the box under Particulars of Claim where it says Total amount claimed you put Charges + 8% interest. In your case £2306.

In the body of text of the P of C, you just mention the charges amount ie £1575

 

Good luck:)

[WILKINSS208]

so is this wrong? should i put in the bit that charges are £2306 not £1575? or do i leave like that with interest as 731

[katesage]

No, how you have written it is right. And in the box underneath the P of C you put the total £2306. Charges + Interest.

 

Sorry not to be clear, havnt had my wake up cuppa yet!

[SophMc]

just to let you know... we were claiming over £2500 from the halifax, after the letter before action they sent us the same letter as yours... saying they will never ever ever pay us back the whole amount... that we are irresponsible.. and that as we have declined the £600 offered they can't do any more for us...

i filled in the N1 form and delivered it as there wasn't enough space on the online thingy to fit our claim... make sure you don't edit your claim just to save time so it will fit on moneyclaim... i think some people have come unstuck that way!

 

anyway... we received a letter from the court to say that halifax intended to defend our claim... but then we never heard back from them... we filed a request for judgement on monday... got judgement in our favour thru post on thursday...

got grovelly... kissy.. phone call from halifax on friday.. very sorry we haven't already refunded you THE WHOLE AMOUNT... we'll action it on monday!

 

so we got back all charges PLUS 8% interest PLUS £120 it cost us!!

Total £3018!!!

GOOD LUCK

UP THE REVOLUTION!

[WILKINSS208]

wow - that makes me feel much better to know its not only me. I hope I have the same luck as you!

[Michael Browne]

After filing at MCOL send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

[WILKINSS208]

Hi:D

Thanks everyone for your help.

I have only one more question before I file the court claim. I did my spreadhseet of charges at the beginning of October and it is nearly December now. I realise the interest wil of increased, but should I up date spreadsheet at this point or leave as it is so everything is the same. will the courts etc just add the increased amount on?

 

Thanks again!

xx

[Michael Browne]

Yes the s69 8% interest needs to be updated

When you open the s/s, it should automatically up date the interest to todays date

[WILKINSS208]

thats excellent thanks. Just done it and its added another £70 onto claim, wow! Im loving this. If this goes ok, I will be doing other banks and visas aswell as had charges there too. Just want to build my confidence in this one first.

[Michael Browne]

Just a couple of points. £731 interest on £1575 seems rather high. Daily rate on £1575 is £0.35p, so since the beginning of October to end November the increase should be around £21.00. Are you sure these figures are right?

[WILKINSS208]

hi

yes i have put into spreadsheet. i am claiming back to 1991. i have read some people claiming that far and i am giving it a go. i had alot of charges in 1999 and interest is alot from then also. ive used the spreadsheet and thats what it says. court can only cut off these days and reduce my payment, but worth ago when others done it

[WILKINSS208]

do you think this is worth a try or should i just claim the 6 years?