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Delboy

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  1. The claim was officially issued 21/07/06 and Halifax have given notification that they intend to defend. Other posts seem to indicate that about a week after the bank state they will defend they settle in full, is this correct?
  2. I issued a claim via the moneyclaim website against the Halifax for £1578.32. The claim was issued to the bank on the 19th of June. Looking at other peoples posts the banks usually seem to have settled out of court by now but I have not heard anything as yet and am getting a little nervous. I have pasted below the particulars of my claim as filled in on the form and just wandered if anyone can see any problems with it that Halifax might have picked up on. Any advice gratefully recieved. I have a contract with the Halifax Plc. which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges, totaling £1578.32 inclusive of interest. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2 (1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges but they have declined to do so.
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