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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ScotsJamie v Halifax


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Hi everyone. i have recently discovered this site as I am currently trying to recover £1926 from Halifax since June 2001.

 

This is my story so far.........

27th April 2006 - Data protection letter sent (without any fee for account which was closed in 2004)

 

23rd May 2006 - response received with list of charges applied with 14 month window missing!!! telephoned and assured missing months would be forwarded.

 

26th May 2006 - initial letter sent requesting a refund which is as follows,

 

Customer Relations

HALIFAX PLC

PO Box 548

Leeds

LS1 1WU

Dear Sir/madam

Penalty & unfair charges – request for refund for

[MR ScotsJamie, SORT CODE *******, ACCOUNT NUMBER ******* - Roll No. ********]

I write in complaint of a number of unfair charges which were applied to my account during the past 5 years. I had been a Halifax customer since **** when I attended University in *. During a period of financial difficulty towards the end of my University course, my account fell into arrears and charges began being applied to my account on a regular basis. The account has since been closed following my repayment of all the applied charges and arranged overdraft on the account.

Following legal advice, I requested a list of all charges applied to my account in the past 5 years and recently received a response from **********, Customer Services in the form of a letter dated 23rd May 2006. This document enclosed the requested list of charges which I have reproduced below. Unfortunately details of charges applied between February 2002 and March 2003 were omitted. I am currently awaiting details of the charges for the omitted period.

The following is a comprehensive summary of the unfair charges I am aware of,

***list of charges in chronological order including amount, date, reason***

 

0n 5 April 2006 the Office of Fair Trading (OFT) announced that default charges which are set at more than £12 will be presumed to be unfair and unenforceable in terms of the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). Charges above this sum will be subject to legal action by the OFT (press release 68/06 - online here: http://www.oft.gov.uk/News/Press+releases/2006/68-06.htm).

I would respectfully submit that if your organisation does not agree to immediately refund all unfair charges applied to my account, it will not meet the ‘fit and proper person’ test to hold a consumer credit licence under the Consumer Credit Act 1974. In that eventuality, I will submit a 1974 Act complaint to the OFT.

On a separate note, I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

Your charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (2nd report, 25 January 2005, paragraph 50 - online here: http://www.parliament.the-stationery-office.co.uk/pa/cm200405/cmselect/cmtreasy/274/27405.htm).

Accordingly, the charges applied to my account are not a reasonable pre-estimate of the bank’s loss in relation to my account. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and outwith, the UK).

Please refund me these charges in addition to any and all charges applied between February 2002 and March 2003 within 14 days of the date of this letter. I reserve the right to commence court proceedings without further notice, and to seek an additional award for distress and inconvenience, together with legal expenses.

Yours faithfully

 

ScotsJamie

 

 

30th May 2006 - Reply received - "....sorry to hear you have found cause for complaint...etc etc.......you will receive a reply shortly...no later than 4 weeks.."

31st May 2006 (one DAY later!) further letter received - "....Thank you for your recent letter, I tried to telephone you to discuss your complaint (when? no missed calls!?)...I'm sure you will appreciate that like other organisations we incur costs for every transaction made. When we pay an item against an unauthorised overdraft or return an item unpaid, we incur extra costs regardless of the shortfall involved. We believe it is fair to pass these costs on to the accounts affected, rather than absorb them into other areas of our operations, penalising all our other customers as a result............ We clearly outline our charging Policy in the terms and conditions that apply to your account........................However as a gesture of goodwill i am prepared to refund £138.00 of charges in full and final settlement (is that a joke?)"

3rd June 2006 - I telephoned the complaints dept to refuse the offer. I was told, "Okay, so you dont want to accept that offer?, that's okay, that is just a an initial offer! We can now offer you a second offer which is the total of the busiest 6 months of charges on your account...which is....please hold............£400 approximately (no it isnt, its over £600! - where did she get that figure from??) I obviously refuse the offer and am assured that that is a full and final 'gesture of goodwill' and I will not get anymore.....UNLESS (she says) you make a complaint to the ombudsman or file a court claim (good idea)

6th June 2006 - Letter received - "Thank you for your recent telephne call..........I offered to refund six months worth of charges to your account, which you refused 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/since your account was opened....

8th June 2006 - LBA sent - no reply

18th June 2006 - Further LBA sent as they claimed not to have received first one.

22nd June 2006 - Telephoned complaints department as no further correspondance received. They stated that as I had been given the address for the ombudsman, That was the end of their involvement as far as they were concerned. I asked if i would get a reply to me two letters. I was basically told no...tell someone who cares!

AT present, I have just filled in and printed off my first small claim for £708 plus expenses and interest. I will need to get it to the local court soon so i dont miss out on the charge from 30th June 2001 (£84).......Wish me luck! I havent a clue what i am doing....:eek:

 

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

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Hi everyone. i have recently discovered this site as I am currently trying to recover £1926 from Halifax since June 2001.

 

This is my story so far.........

27th April 2006 - Data protection letter sent (without any fee for account which was closed in 2004)

 

23rd May 2006 - response received with list of charges applied with 14 month window missing!!! telephoned and assured missing months would be forwarded.

 

26th May 2006 - initial letter sent requesting a refund which is as follows,

 

Customer Relations

HALIFAX PLC

PO Box 548

Leeds

LS1 1WU

Dear Sir/madam

Penalty & unfair charges – request for refund for

[MR ScotsJamie, SORT CODE *******, ACCOUNT NUMBER ******* - Roll No. ********]

I write in complaint of a number of unfair charges which were applied to my account during the past 5 years. I had been a Halifax customer since **** when I attended University in *. During a period of financial difficulty towards the end of my University course, my account fell into arrears and charges began being applied to my account on a regular basis. The account has since been closed following my repayment of all the applied charges and arranged overdraft on the account.

Following legal advice, I requested a list of all charges applied to my account in the past 5 years and recently received a response from **********, Customer Services in the form of a letter dated 23rd May 2006. This document enclosed the requested list of charges which I have reproduced below. Unfortunately details of charges applied between February 2002 and March 2003 were omitted. I am currently awaiting details of the charges for the omitted period.

The following is a comprehensive summary of the unfair charges I am aware of,

***list of charges in chronological order including amount, date, reason***

0n 5 April 2006 the Office of Fair Trading (OFT) announced that default charges which are set at more than £12 will be presumed to be unfair and unenforceable in terms of the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). Charges above this sum will be subject to legal action by the OFT (press release 68/06 - online here: Current credit card default charges unfair).

I would respectfully submit that if your organisation does not agree to immediately refund all unfair charges applied to my account, it will not meet the ‘fit and proper person’ test to hold a consumer credit licence under the Consumer Credit Act 1974. In that eventuality, I will submit a 1974 Act complaint to the OFT.

On a separate note, I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

Your charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (2nd report, 25 January 2005, paragraph 50 - online here: House of Commons - Treasury - Second Report).

Accordingly, the charges applied to my account are not a reasonable pre-estimate of the bank’s loss in relation to my account. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and outwith, the UK).

Please refund me these charges in addition to any and all charges applied between February 2002 and March 2003 within 14 days of the date of this letter. I reserve the right to commence court proceedings without further notice, and to seek an additional award for distress and inconvenience, together with legal expenses.

Yours faithfully

ScotsJamie

 

30th May 2006 - Reply received - "....sorry to hear you have found cause for complaint...etc etc.......you will receive a reply shortly...no later than 4 weeks.."

 

31st May 2006 (one DAY later!) further letter received - "....Thank you for your recent letter, I tried to telephone you to discuss your complaint (when? no missed calls!?)...I'm sure you will appreciate that like other organisations we incur costs for every transaction made. When we pay an item against an unauthorised overdraft or return an item unpaid, we incur extra costs regardless of the shortfall involved. We believe it is fair to pass these costs on to the accounts affected, rather than absorb them into other areas of our operations, penalising all our other customers as a result............ We clearly outline our charging Policy in the terms and conditions that apply to your account........................However as a gesture of goodwill i am prepared to refund £138.00 of charges in full and final settlement (is that a joke?)"

 

3rd June 2006 - I telephoned the complaints dept to refuse the offer. I was told, "Okay, so you dont want to accept that offer?, that's okay, that is just a an initial offer! We can now offer you a second offer which is the total of the busiest 6 months of charges on your account...which is....please hold............£400 approximately (no it isnt, its over £600! - where did she get that figure from??) I obviously refuse the offer and am assured that that is a full and final 'gesture of goodwill' and I will not get anymore.....UNLESS (she says) you make a complaint to the ombudsman or file a court claim (good idea)

 

6th June 2006 - Letter received - "Thank you for your recent telephne call..........I offered to refund six months worth of charges to your account, which you refused 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/since your account was opened....

 

8th June 2006 - LBA sent - no reply

 

18th June 2006 - Further LBA sent as they claimed not to have received first one.

22nd June 2006 - Telephoned complaints department as no further correspondance received. They stated that as I had been given the address for the ombudsman, That was the end of their involvement as far as they were concerned. I asked if i would get a reply to me two letters. I was basically told no...tell someone who cares!

 

AT present, I have just filled in and printed off my first small claim for £708 plus expenses and interest. I will need to get it to the local court soon so i dont miss out on the charge from 30th June 2001 (£84).......Wish me luck! I havent a clue what i am doing....:shock:

 

 

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

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Good luck in your claim - it sounds like the usual saga (left hand, right hand). Just stick with it and have a good read through the Halifax threads and read up on this thread http://www.consumeractiongroup.co.uk/forum/guidance-notes/ and the FAQs. It took 8 days from claim to repayment into my account in my case, you're on the home stretch! :p

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Well that's reassuring, thanks! I would like to think that the case will settle before I get to the courtroom, however it would be just my luck to end up arguing my case in court. I dont mind, so long as I get my money back. i'm pretty determined, having read all the other success stories and points of advice. this site is marvellous!

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

Link to post
Share on other sites

The time to settle varies from case to case, so don't rely on my case as an indication for when you can expect payment. I just gave it as an example. :)

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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I`m on night shift and wanted to submit my paperwork to the court today but I'm too late. Court Closed. I'll do it tomorrow! I'm coming for my money, Halifax!:cool:

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

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Can anyone confirm the halifax address I should use for the 'Defender' on my summons? I have put down

 

Halifax PLC

Trinity Road

Halifax

HX1 2RG

 

Is that the address you used 'ThewifeandI'?

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

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Yup - that'll do! :)

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Handed the summons and £39 cheque to the court this morning. The clerk took Form 1b, statement of claim and list of charges. I was handed form 1a back as it 'wasnt needed'. Is this normal?

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

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Share on other sites

I submitted by papers to the court this morning. Target date is August 14th! I am a bit confused though as I got the Form 1a handed back to me and the clerk only kept the form 1b, statement of claim and list of charges. Is that normal????

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

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Share on other sites

form 1a is used if you are claiming against an individual and form 1b for claims against a company.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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Ok>>> Ive made some enquiries at the court and the MOST helpful staff have cleared up the ambiguity.

 

Form 1a is for claims against an individual

WHEREAS

Form 1b is for claims against a company!

 

I will wailt patiently for a letter saying that the Halifax want to defend. :rolleyes:

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

Link to post
Share on other sites

Thanks Fruitycar, I just found that out when I phoned the court.

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

Link to post
Share on other sites

Does anyone know how long I can expect to wait to hear whether the Halifax intend to defend? - the swines!

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

Link to post
Share on other sites

It took about a week in my case.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Hmmm... I hope its a week for me.. The sooner the better.... I'm dancing around the house like a thing possessed waiting for something to happen. Checking for emails all the time, 'missed calls' on mobile, mailbox, online bank balances. I'm on a mission! I've already decided that the first claim is going to pay off my credit card..... I havent decided what i'll do with the rest of the money yet :grin: .

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

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Share on other sites

I'll be watching this thread with interest as I am also going to be claiming a similar amount from the Halifax (still at DPA request stage and don't have final figure yet but have total of £1131 so far) and am also based in Scotland.

 

At the moment I'm not quite sure how to go about splitting the claim up into

 

When you sent the initial letter and the LBA, did you ask them for the full amount at that point then only claim

 

 

Do the courts actually allow you to make multiple small claims, one after the other?

Halifax - click here to see details

27th June: Data Protection Act request sent.. finally received full statements 84 days later

27th September: Preliminary letter sent for £1653

11th October: Offer made for £1163 (70%) - decided to accept

12th October: Offer acceptance posted

20th October: Refund of £1163 recieved

 

Capital One

12th October: Data Protection Act request sent

17th November: Preliminary request sent for £360

 

GE Money

12th October: Data Protection Act request sent

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In my initial letters I asked for the full amount to be refunded. I then got a measly offer and sent a further letter which was basically an LBA, again requesting the full amount or court action would be taken.

THEN, I went back 5 years and starting from June 30th 2001 added up EVERY charge over £12 on my account and put them into a table on MS Excel in date order until the total reached just under £750. This was June 2001 to December 2002 in my statements.

Then I completed Form 1b and the statement of claim for £704 (+ 8% interest +£39 fee)and a list of my charges and took it down to the court with my £39 cheque and lodged it yesterday.

Once I get my money, i will start adding up charges from December 2002 until they reach just under £750 and will submit a second claim.

It is important to claim one chunk at a time as if you submit 2 or more at the same time, the bank may request that they are joined together and this will take it out of the small claims procedure and into Summary procedure which you do not want as the bank is more likely to challenge you in court and may charge you for expenses if you lose.

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

Link to post
Share on other sites

Just to be clear here - there is no '£12 limit' on reclaimable charges. ANY charge that has been applied for the recovery of 'costs' associated with payments stopped, payments made when insufficient funds, or 'over the limit' monthly charges CAN be reclaimed.

 

Ignore the OFT statement, the banks are ignoring it for the purposes of bank accounts anyway. What that says is that will deem any of these charges in excess of £12 as automatically being unfair, but not that charges below that value are automatically fair - and it only applies strictly to credit cards so far.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Thanks. I know that all charges can be claimed, HOWEVER in my case I am personally interested in pursuing only charges over £12. My claim was spurred on by the OFT report on credit card charges and I wish to keep my claim as watertight as possible . If I dispute ALL charges including charges under £12 then I increase the liklihood of the bank defending the case in court.

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

Link to post
Share on other sites

The bank won't dispute charges of less than £12 in court, at least not until they come down to under £1.50 anyway. If they want to take you to court they will have to reveal the true costs which are so small that most of them come to a matter of a few pence. Stopping a DD/Cheque is the biggy, at approx £1.20 according an inside source. All the others are purely a case of the 'Computer says no...' and involve a microsecond of processing time to reject. If you get statements and letters online, there's nothing to add, otherwise there's 15-20p for the printing, envelope and (bulk rate) postage.

 

It is entirely your choice though - please don't feel pressured. :)

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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On closer inspection, i dont have any charges less than £28:eek: .

When I get paid for my first claim, is it okay for me to go ahead and file another claim at the court or should I recontact the bank and give them another opportunity to settle before Court?:cool:

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

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Share on other sites

Now that IS a question that I don't remember seeing an answer to - one for the Mods or a Scottish specialist?

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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How do I highlight that question for attention of a mod?? I've heard about 'bumping' but have no idea what it is.:???:

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

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