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Nicho1120 vs halifax


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Hi guys,

 

14 days is up now and no response to the LBA. Ready so send the moneyclaim. Filled out all the spreadsheet and have all the amounts to hand. I am after a bit of advice really. I have just checked account have another £30 charges that has been charged last week. I also have 2 charges of £39 going on in the next 7 days. Am I now able to include these in the moneyclaim amount or should I wait for the 2 £39 charges to show on the account.

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You will have to wait for these 2 charges to be applied before you can claim them back.... I would be tempted to wait until these were taken from the account before submitting my moneyclaim.

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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I assume you mean particulars of claim. This should fit the1080 characters and 24lines

 

Halifax registered office address

 

 

Claimant has account (A/C No) with Defendant from (Date)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00) 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(Date) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00).

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Yes :)

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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Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00).

 

sorry to seem a little 'thick' and I hope you dont mind me asking on this thread:-

I am filing in my moneyclaim form and got stuck a little on this last bit??

 

How will I know what the daily rate will be in ££ until the judgement date or earlier ?? or is it something 'standard' I have to put in??

 

thanks in advance

Joanne

14/06/06 Data Protection Act Sent to SPML

28/06/06 - Info / statements received from SPML

2/8/06 Pre Lim to SPML for £324.72

16/8/06 LBA to SPML

28/9/06 filed MCOL

defence filing date extended to 22/12/06

28/12/06 copy of defence received from sch

16/01/07 AQ filed with court

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sorry to seem a little 'thick' and I hope you dont mind me asking on this thread:-

I am filing in my moneyclaim form and got stuck a little on this last bit??

 

How will I know what the daily rate will be in ££ until the judgement date or earlier ?? or is it something 'standard' I have to put in??

 

thanks in advance

Joanne

Multiply the total claimed (without court costs) by .00022 - this gives the daily rate where 0.xx = xx pence.
  • Confused 1

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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Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00).

 

Many thanks for your help,

 

does the total above mean the 'interest only bit' or the total claimed + the 8%interest?

 

also when calculating the daily interest - does the total claimed include the 8% interest to date?

 

sorry, Im getting myself more and more confused and I am mid - completion on the moneyclaim site

14/06/06 Data Protection Act Sent to SPML

28/06/06 - Info / statements received from SPML

2/8/06 Pre Lim to SPML for £324.72

16/8/06 LBA to SPML

28/9/06 filed MCOL

defence filing date extended to 22/12/06

28/12/06 copy of defence received from sch

16/01/07 AQ filed with court

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Many thanks for your help,

 

does the total above mean the 'interest only bit' or the total claimed + the 8%interest?

 

also when calculating the daily interest - does the total claimed include the 8% interest to date?

 

sorry, Im getting myself more and more confused and I am mid - completion on the moneyclaim site

It's on the total claimed excluding 8% interest and court fees

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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Use 'Claimant', as your are named as such at the top.

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 can't help on that one as I did mine on Form N1 - there should be notes available for the online form as I understand it.

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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Sorry - 1 more question. In the Amount claimed box, is it the amount with ot without interest?

 

Thanks

 

The total amount claimed is the total with the added 8% interest

 

but not with the court costs.

 

It will actually calculate the court costs in for you afterwards.

 

good luck

Joanne

14/06/06 Data Protection Act Sent to SPML

28/06/06 - Info / statements received from SPML

2/8/06 Pre Lim to SPML for £324.72

16/8/06 LBA to SPML

28/9/06 filed MCOL

defence filing date extended to 22/12/06

28/12/06 copy of defence received from sch

16/01/07 AQ filed with court

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Hi

I am at this stage also, and so so confused!

 

 

In the first couple of lines (sorry i don't know how to quote!?!) when it says how much i am asking to be returned, do i just put in the amount without 8%?

 

Also, what is the 0.00022% interest for?

 

And i've seen many times on here that i need to send the particulars of claim attached with this - how do i do this if it's all completed online?

 

Thanks for any help!!

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After some advice. I have just filled in my moneyclaim and completed. I have just checked on Royal mail website and no confirmation of LBA being delivered. Just rang Royal Mail and they said that it seems the letter has been lost. Does this affect my claim in anyway. I have kept the time guidelines at all stages but they have obviously not received and LBA letter.

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If you've got a copy of the original with the date on it that it was written, and better still the proof of posting, then there's no problem at all.

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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hello, first time postie, awaiting statements from bank(halifax), recieved a letter stating following under seperate delivery. how long do i wait, also they stated that they would not provide any info on manual intervention are they allowed to do this and if not what do i do.

paul & tc novice claiments

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