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5pods

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  1. finally recieved the letter stating I have paid no charges and to withdraw my court claim straight away :lol: Was told this morning that all courts will suspend any open cases until oft case is ruled on, and that halifax will not be discussing any cases from here on in, he also claimed that the test case will last 12-18 months !!! he did however confirm that I had paid charges over the past 6 years. Blimey, i was starting to worry if I had after all !!!!!!! I got a copy of halifax/optima's aq this morning and I've sent mine off today !! I remain undeterred !! Howard is his-tory !!
  2. thanks ssl, after about 5 seperate calls I finally recieved a call back from the person that was so called dealing with my case, he still claimed that I hadn't paid any charges but would call me back in 10 mins !! 27 hours later still nothing so I guess I will continue with my aq. I am still concerned that the halifax is defending the case stating I have paid no charges and that the outcome of that could be different to most of the cases on this forum, so, question, shall I put about this on the further information section of the aq along with the 'the case should take no longer than one hour ?
  3. thanks once again tilly, lower link did not work, I decided to take the plunge and ring them, they said that 2 people had looked and could not find any charges on my account, he found them straight away !!! I am very concerned because they have filed a defence claiming that I have not paid any charges at all, i was told I should receive a call in the next hour.
  4. Thanks Tilly, So, am I right in thinking that you should attach a 'draft order for directions' letter with your aq, I also am unsure how much or little to write in the 'other information' section of the n149 aq, there doesn't seem to be a set paragraph on the aq help page. sorry, so used to relying on you all for help despite feeling I should know the answer already !!!!
  5. Thanks money, I did get a call back but only to say that it is now being dealt with by another department who had written to me, no sign of that yet, I recieved letter from optima stating that their defence is that I have paid no charges. AQ from court recieved today so I will have to brush up on some threads to see how to fill it out. Any links would be very gratefully recieved.
  6. Im astonished !!!!!!!!!!!! Letter recieved today stating the following: I have reviewed your account CAREFULLY and based on the details supplied, our records indicate that there have been no charges applied to your account in the last 6 years !!! Rang to see what planet there on and was told someone would call me back. (when they return from the moon). Has anyone heard of this happening before ???????
  7. Hi all, acknowledgement letter received today from courts, 28 days etc, ultima are defending the case, I fortunately didnt waste a postage stamp on the 7 day letter, hopefully it will not be too much longer, this pink writing thing is catching !!! and im a geezer !!!!!!!!!!!!:grin:
  8. Stevie wonder it is !!!! Thanks SSL, reading the info on the next step, i think I will try the '7 more days or your in big trouble' route, im surprised that they haven't payed up as yet being its a modest amount to claim.
  9. cant seem to find the 'judgement in default template' in the library, unless of course I'm doing an impression of Stevie Wonder !!
  10. thanks Tilly, nothing recieved yet so I guess I'll send the next letter, wasn't expecting it to go this far and I have heard nothing from halifax at all since their first rejection.
  11. awful broadband problem so could not update my thread sooner, papers taken into court and letter recieved back stating the courts deem the papers served 28.06.07, and goes on to say that halifax have till the 14th july to respond.
  12. Thanks ssl, I will be delivering them in person tomorrow. For anyone reading this thread and you are worried about filing out the court papers, DONT BE, the examples all over this forum are fantastic and its nowhere near as daunting as I thought it would be !!!
  13. thanks again Tilly 49, your obviously a good teacher !!!!
  14. N1 it is !!! Please could someone check that I have got the general wording right, note that I did not claim for interest debited charges. Value: Charges £720.00 Interest under s.69 County Courts Act 1984 £163.20 S.A.R(subject access request) Fee £10.00 TOTAL £ 893.20 Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.19 per day OR at such rate and for such periods as the court deems just. Particulars: 1. The Claimant has an account ******** ("the Account") with the Defendant which was opened on or around 10th July 1995. 2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges applied is attached to these particulars of claim. 4. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law. 5. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £720.00 and any interest charged thereon; b) Court costs; c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 28th January 2001 to 27th June 2007 of £163.20 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 19pence. I believe that the contents of these particulars of claim are true. amount claimed 893.20 court costs 80 total claim 973.20.
  15. hi, seems like your at the same stage as me, and with the same dilema !! Think I am going to use mcol, if only to save possible postman errors !! Trust these guys on here, they talk sense !!
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