Saxon v Halifax

[RETURNED TO SENDER]

Why are they saying they will reinburse 6 years and then take two years off ?

[saxon]

Hi, no they are willing to pay 6 years but not the previous 2 years, I'm claiming 8 in total from when account 1st opened

[RETURNED TO SENDER]

Take the six, then consider trying back further years.

[saxon]

thank you for your reply, it's just, you know when there's a choice of jump or run, which is best.

[jonni2bad]

If you decide not to settle on that basis, then a Judge would still be able to award the 6 years if 'he' agreed with Halifax's argument. In other words, that one argument, if settled in their favour, would not mean that you lose the whole case.

 

I would push for it. There is a perfectly valid reason why the 6 year rule is not applicable. Are they seriously going to attend court for this sum?

[saxon]

so a response would be

 

Thank you for your offer, I will accept the sum offered, however I am still going to carry on with the County Court for the balance?

[jonni2bad]

Yep. They may withdraw it (perhaps believeing that it migh scare you off) but don't let that concern you. You would not be prejudicing your case.

[saxon]

Thank you Jonni2bad, deep down was hoping you would come to my aid and give me the courage not to walk away and possibly regretting not following it to the end.

It's much appreciated and what I wanted to hear, no offence intended toward Returned to Sender, if I was answering someone who was asking the same question, I would probably answer the same way.

[saxon]

YIPPEE CAN'T STOP SMILING

 

Have got the cash for 6 years into my bank today,

 

can wait for the other 2 years they are not paying as yet, but we'll see

 

hehe that's my annual bills paid.

 

will donate tomorrow when transferred the money into parachute account

 

hehe, chin up everybody, YOU will get it back.

[woozie]

well desevered, i only just checked your thread saxon, it seems ive stopped being alerted by email now, but, good on you girl, and you keep at them for the rest too!

[jonni2bad]

Great news so far !!!!

 

I won't change your thead title yet since there's still an unresolved issue...

[saxon]

Hello again, Jonni2bad if you're around, I have today recieved thier defence.

 

DEFENCE

 

1) The Defendant is a Bank. The Claimant has a current account with the Defendant, having roll number *********8(the current account)

 

2) The Claimant appears to be claiming for bank charges applied to Current Account in the last 6 years.

 

3) The claimant has provided particulars relates to bank charges incurred on his Current Account. However, these charges were debited to the current account in accordance with the terms and conditions of the Current Account (the Account Conditions), which the Claimant agreed to accept and by which he is bound. Under the Account Conditions, the Defendant is entitled to apply charges to the Current Account, inter alia and so far as is relevant to this claim, for,

 

a) each calendar month when a debit balance on the Current Account exceeds any authorised overdraft limit;

 

b) refusing to honour payment instructions issued by the Claiment where there are insufficient funds available for withdrawal from the Current Account (after taking into consideration any authorised overdraft limit);

 

and

c) honouring payment instructions issued by the Claiment where the overdraft limit has already been exceeded, or is exceeded as a result of honouring the payment instruction.

 

4)Notwithstanding the foregoing, the Defendant has, without admission of liability refunded £1601.90 to the Current Account. This sum represents all the bank charges that the Claiment has incurred in the 6 years prior to the issue of proceedings, being £1183.00 in bank charges, together with interest of £298.90, and £120.00 in respect of the court fee.

 

5) The remainder of the claim, £290.08 appears also to relate to bank charges incurred, but the Claiment has failed to provide particulars of how this figure has been arrived at, and the figure is not supported by the Claiments account details.

 

6) On the basis of matters pleaded above, the Defendant denies that it is liable to the claiment for the sum of £290.08 in respect of the balance of this claim or for any other sum.

 

Dated this 26th day of October 2006

 

 

My account can't have an overdraft because it's a cardcash acount,

I am a she not a he,

All the charges including these ones were on the spreadsheet, dates amount etc. and not once have they said anything about it being over the 6 years.

 

In their offer to give me the £1601.90, they state

 

The Halifax does not consider that you are entitled to the further £290.08 that you are claiming. This is because you list are more than 6 years old and so, due to their age, we are not obliged to consider them under the Statute of Limitations. the balance made up from a corrospodingly lower amount of interest.

 

So any advice on how to proceed with the AQ would be helpful (pretty please)

[jonni2bad]

You might want to write directly to the Bank (or their solicitors) and explain your claim in detail, outlining where you believe they have misunderstood the amounts etc.

 

As far as the AQ is concerned, there is a general guide in the Templates Library, but I think it would be wise to do the same as the above for the attention of the District Judge. State why you believe the Statute of Limitations Act does not apply in relation to these charges over 6 years old, and also explain what charges within the 6 years they have still not refunded. Give a fresh total of what you now are asking the court to consider.

[saxon]

Hello, an udate.

 

I'm here to get/recieve a big fat kick up the bum.

 

But it could go to help saving someone else from making the same mistake as I did.

 

I got the AQ, filled it in and because the amount I was claiming was less then the £1,500 I didn't pay the £100 fee. The court sent back the forms saying I had to pay by the Monday before I got paid again or it would be struck out, (they take the whole amount, as from the beginning of the claim) so went up on the Wednesday with the money only to be told that I would have to pay an extra £60.00 for the magistrate to reinstate the claim. I didn't have the extra so have just let it lie.

 

My own fault as obviously didn't check as much out as should have, so please no boots bigger than size nines.

 

So I do have a question,

Is it possible to start again from scratch from where I left off?

meaning

do a preliminary for the balance that has been struck out, or do I just have to cut my losses.

[saxon]

Hello again, it's been a long time, I have recieved 2 more charges of £39.00, I know I can claim them back but my question is can i add them to the previous claim that I messed up by not submitting the AQ on time?