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  1. Hurrah..... My claim was issued in the 13th of August and they have filed an acknowledgement of service on the 15th and they intend to defend all of the claim....
  2. Hi again guys, Well I suppose the title explains it all....I filed my claim last week via court and was a little worried so i called the courts asking about my claim and was told it hasnt been issued yet due to staff shortages....any advice about speeding the issue up would be grateful Thanks Dan
  3. Thats it.........My file was put in for yesterday via small claims and am now waiting for the return of my copy of the documents.....
  4. Hi Lex, Its for a credit card......
  5. Particulars of Claim On or around the 21st of June the claimant opened an account xxxxxxxx Card Number: xxxxxxxxxxxxxxxx with the Defendants, the claimant believes this was on the defendant’s standard term and conditions. There was no negotiation on these terms it was either a take it or leave it policy. In fact the claimant had no option but to agree to the terms, as he would have met the same reply at any other Bank. After reading about these types of charges in the Media, the Claimant decided to send the defendant a subject access request letter dated 21st April 2008 (attachment A) asking the defendant to supply him with a fully comprehensive list of all default charges that have been paid on the account over tha past six years. The Defendant had applied the charges to his account since the 27/09/2004 to 05/02/2007 totalling £ xxxxxxxx An itemised breakdown of these charges are entered as attachments (B1 - 2 etc) On the 8th of July the Claimant sent the Defendants a letter (recorded delivery) informing them that he believed the charges were a penalty charge (attachment C1 to 2 etc) the Claimant then asked the defendant to refund the said charges as he believed they were not a true reflection of the defendants administrate cost. The defendent has not replied to any correspondence despite ample opportunity to justify the true costs involved in applying an over limit penalty or a late payment penalty. Because the defendant has continually refused to prove that they have any legal right or contractual right to apply the said charges furthermore they have refused to offer any evidence that the said charges are a true estimate of the administrative cost involved. The claimant has been left with no option but to issue a claim. It’s the claimant’s contention that the defendants charges are a disproportionate penalty and therefore are unenforceable, the claimant relies on the following Common law Principles (Penalty charges are irrecoverable at common law). The precedent for this was: Dunlop Pneumatic v New Garage [1915] AC 79. Lord Dunedin set out some tests that are considered even in modern cases when the court is asked to rule on penalty charges. They are; 1) If it is "extravagant and unconscionable" i.e. that the cost incurred by the business because of the breach is lower than what the consumer is being expected to pay because of the breach. 2) It is also a penalty where the consumer is to pay a larger sum due to failure to pay a smaller sum. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. Murray v. Leisure play [2005] EWCA Civ 963 "English contract law recognises that, if the parties agree that a party in breach of contract shall pay an unjustifiable amount in the event of a breach of contract, their agreement is to that extent unenforceable" CMC Group Plc And Others V Zhang [2006] EWCA Civ 408. "'Whether a provision is to be treated as a penalty as a matter of construction to be resolved by asking whether at the time that the contract was entered into the predominant contractual function of the provision was to deter a party from breaking the contract or to compensate the innocent party for breach. That the contractual function is deterrent rather than compensatory can be deduced by comparing the amount that would be payable on breach with the loss that might be sustained if breach occurred." Furthermore or in the alternative penalty charges are also contrary to: The Unfair Terms in Consumer Contracts Regulation 1999 No 2083 SCHEDULE 2 Indicative and Non-Exhaustive List of terms which may be regarded as unfair (e) Requiring any consumer who fails to fulfill his obligation to pay a dis-proportionately high sum in compensation Further or in the alternative if the defendants state that there was no breach of contract and that the charges are for a service, then it is the Claimants belief that the defendants have attempted to restructure accounts in order to present events of default spuriously as additional services. However The Unfair Terms in Consumer Contracts Regulations 1999, are concerned with the intention and effects of terms, not just their mechanism. For example, a charge for 'agreeing to' or 'allowing' a customer to exceed his credit limit is no different from a charge for the customer's 'default' in exceeding his credit limit. The claimant claims from the defendant a sum equivalent to the total amount unlawfully debited from the claimant’s account being £ xxxxxxxx The claimant further claims interest pursuant to s69 of the County Courts Act 1984 at the rate of 8% per annum, being the sum of £ and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022% The claimant further claims the court fee of £ The claimant respectfully requests that the court makes an order for standard disclosure, when issuing this claim, as the defendants have continually refused to supply any requested information. Signed
  6. What are the Associated overdraft interest charges when all ive got is the crappy list of charges Halifax send out these days. I have calculated the 8% interest but dont know what this Associated overdraft interest charges are
  7. Mr LEX Your Step by Step instructions link doesnt work !!!
  8. Hello, Thanks ever so much for the quick reply guys...... Appreciate you reading my thread will finish off the N1 now ready for Thursday.. Dan
  9. Hello everyone, So after a quite a few weeks and no reply from the halifax not one not even the courtesy letter ( which has me a little worried ) I am looking to file the claim with MCOL. However all my letters i have been sending to halifax carlton street not pitrevie business park. Now i am a little worried that all this hard work has been for nothing and that I am going to get shunned by MCOL for sending letters out to the wrong address ( they were all recorded except the last one saying that 14 days was up ...again ). So now when i enter the details just preparing for MCOL as Pitrevie business park it says i cant claim in scotland..... Any advice please Danjob
  10. Well what can i say to that ?......we are all here for one purpose only to reclaim charges .....blah blah blah Seems you got a slightly better answer to what i did anyway
  11. They didnt send me any statements they have sent me is just a white piece of A4 paper with like a computer printout of charges to the account. Should i start over again and request only statements as originally i did request statements or a list of "charges applied to the account" Thanks for the reply seaside lady ( not in weston super mare i hope ) Dan
  12. Hello Everyone, I am trying to claim my credit card charges back for the Halifax. I have the crappy list of charges that they have sent. I have also requested a refund plus interest. That was on the 8th of July giving them 14 days for a response. Since i didnt get a reponse I sent a letter that i intend to claim it in court giving a further 14 days to respond. However today when I called them for some information I found i had an extra digit on my AC number. Do I need to start all over again or write to them and explain my mistake. Thanks for all replies Danjob
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