Basmic v Halifax ***SETTLED IN FULL***

[basmic]

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Edited October 23, 2009 by basmic

[dan-rides-bikes]

see here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/634-guide-notes-completing-moneyclaim.html

[Michael Browne]

This is sample POC, it might need tweaking to fit.

 

Claimant has account (A/c No.)with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of £175 taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also 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 they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 17/02/04 to 24/07/06 of £22.25 (=8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.04p ( = Amount claimed x 0.022).

The 8% calc is correct to today, add £0.04p each day till you submit claim at moneyclaim. You dont need to list each charge in the POC

[basmic]

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Edited October 23, 2009 by basmic

[basmic]

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Edited October 23, 2009 by basmic

[jonni2bad]

None. They still have time to defend.....

[basmic]

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Edited October 23, 2009 by basmic

[mechs]

correct the first one

[basmic]

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Edited October 23, 2009 by basmic

[jonni2bad]

CONGRATULATIONS

Fantastic news, well done.

 

Please take just a moment to fill out our survey - Bank Charges Refund Survey

 

(and don't forget we can only survive if we get donations!! cough cough)

 

 

.

[basmic]

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Edited October 23, 2009 by basmic

[lancasterchelsea]

very well done

congratulations

 

lets hope that halifax refund me as well

[angmarie]

Right I actually got the statements through my door today. Was not charged for them, even more amazingly! :o:D

 

Had a scan through the statements, for all the charges. The total amount in Late Fee charges, is £150.

 

Oh well, I'm still going to press ahead and get the charges back. I've started, so I'll finish!

 

 

Hi, I have had few debt problems recently but have managed not to have accounts passed over to debt collection but ive been paying loads of charges interest and late fee's and had no idea i could ask for them to be frozen or refunded. How can i ask for them back and if i write other than can you freeze charges and refund charges what shall i say. Can anyone help please.