claim issued to County Court

[Delboy]

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.

[thewifeandI]

What is the current status of the Moneyclaim? - I think you can check online. Has it been defended by Halifax yet? What date was it deemed served?

 

I seem to remember that they have 14 days to register that they are defending. If they haven't done so then you can apply to the court for a default judgement. I've not experienced this myself, so I hope someone will be along soon with more accurate information (if I'm wrong ).

[Delboy]

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?

[pmhread]

Not always... don't worry about it just yet.

[thewifeandI]

They have 28 days from issuing intent to defend as I understand it. My first claim was settled within 2 days after that, but my second is taking longer. As pmhread said, don't worry about too much yet.

[KIM1930]

hi there-particularly Delboy,

I too isued moneyclaim on same date as you -21 June and Halifax stated they intended to defend. I was getting worried like you and noticed that others' claims were being settled before this stage, so if it calms you down I am in same boat as you. Let's not worry yet.

Cheers

KIM

[nikki green]

Hi delboy,

 

I am just trying to pluck up the courage to start my online court claim and was interested to find out if you did have a successful outcome..after reading many many links im still convincing myself that I will be the one they take to court and charge me more costs..

Let me know

Nikki:o

[hillards]

Nikki

 

Bear in mind the messages you replied to were about 6 months old - you may not get a reply from those forum users as they've probably settled their cases long ago.

 

Best thing to do is start your own thread, so we can follow your progress, have a good read of the FAQ's and Step-by-step instructions, read some other threads so you can see what the pattern is, and get your claim started.

 

You say you're about to start your court claim? Have you gone through the other steps, like asking for your money back, sending a letter before action, and all that? You need to follow the procedure, you cannot just file a court claim without giving them the opportunity to make amends prior to that.