This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

My claim is still only at this stage..... Acknowledged The Defendant is allowed a total of 28 days from the date from when they are served with the claim to reply. And this was on the 17th Oct??? Do you think ive made a mistake on my forms?? Im really worried that they are going to let it go to court Pixie

Well i made a huge balls up on my court papers, a mistake im too embarassed to say what i did however the helpline was fantastic and i should get a refund of my fee's. So Ive filed a new claim tonight Pixie

My court text is as follows - i hope i have this right LOL 1. The Claimant has an account ************** with the Defendant. 2. Since 01/10/02 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 Contract Terms in Consumer Contracts Regs 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £430.00; (b) Interest per S.69 County Courts Act of 8% - £64.97 continuing at 8% until judgment or settlement at a daily rate of £0.09; 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. Pixie

Yeah!! My claim has been filed today - thanks for all your help Jonni2bad I did get a letter back from Halifax the end of last week stating... We have offered to refund £215.00 of charges to your account, which ou have indicated you refuce to accept. Please understand that we are not prepared to refund all of the charges that you have incurred on your account over the last six years. Oh well, we will just have to wait and see wont we Thanks again for all the help and assisstance everyone! Hugs Pixie

Thank you so much, as soon as ive filed my claim i will update this thread with the details

Well Ive had a few of life issues to sort out so this had to take a backwards step unfortunatly, however Im back on it now. Halifax did offer me 50% of my charges back, iv replied and said thanks but no thanks, their time is up so its court time as they have had far more time then they should have. The thing is, i really dont know what to put on the on-line court form, can i use the same thing as i used for my bank account? any help would be fantastic Thanks Pixie

Well halifax did respond but it was kind of a holding letter, ive given them another 14 days before i register it with the court. Im concerned that I may get my claim details wrong on this one as i was confused enough doing my bank charges one. Pixie

Thanks Dan, Halifax Visa's time is up tomorrow, then its down to the court to sort it out again. I did recieve one letter from them but it didnt really acknowledge my comments, it just went on about how theyve reduced their fee's from now on. Oh well, I dont mind going the old court route, as long as I get my money I dont care Thanks Pixie

A shameless dump

Well I posted my first letter on the 11th asking for my charges back and Im yet to ehar anything from the Halifax, so today Ive sent the last letter before court action - I only hope Im sending the correct letters? The same one's ish as the bank ones? If they still dont get back me within 14 days do I then go straight for court action or shoudl I wait for some acknoledgement? Thanks Pixie

Well my statements arrived today. I will be claiming for a total of £430 plus interest which is a total of £486.45. Just a quick question, do I send the same letters that I did for my bank charges? Thanks Pixie

Well i stud my ground and I won! I told the halifax that they could not dictate what MY money was spent on i.e their debt and only their debt and as they had put the money into an account i didnt have access to then i didnt see this case as settled and I wouldnt advise the court of this. So they lifted the hold on my account so that I could transfer the money to my new account. All funds have now been distributed between my debts Im a happy Pixie. Im now just about to start the same process all over again with Halifax Visa

Thanks for the info, can I not agree to settle unless they pay me by cheque or would i be pushing my luck LOL What happens if you try not to settle before court? Thanks again Pixie