Nicho1120 vs halifax

[nicho1120]

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.

[pmhread]

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.

[nicho1120]

I am just starting the moneyclaim and am really stuck. What information do I need to put in and also what contact details to I put in for the Halifax.

[Michael Browne]

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).

[nicho1120]

is it just the trinity road address then. Thanks for the info.

[thewifeandI]

Yes

[joanneclaire]

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

[thewifeandI]

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.

[joanneclaire]

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

[thewifeandI]

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

[SkintDan]

Hi,

 

When filling in the Moneyclaim form do you talk about yourself as a 3rd party (i.e Claiment) or change the 'Claiment' to 'I'.

 

Thanks.

[thewifeandI]

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

[SkintDan]

cheers

[SkintDan]

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

 

Thanks

[thewifeandI]

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.

[joanneclaire]

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

[SkintDan]

thanks Joanne

[paulawinter]

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!!

[nicho1120]

is the first post enough to claim the charges back. I have read the post and it doesnt mention anything about getting court costs back as well.

[Michael Browne]

is the first post enough to claim the charges back. I have read the post and it doesnt mention anything about getting court costs back as well.

 

When you file at moneyclaim your court costs are automatically added to your claim, so you will get these back.

[nicho1120]

thanks for that.

[nicho1120]

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.

[thewifeandI]

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.

[pmurton]

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

[nicho1120]

I have completed moneyclaim and it has now been served to the Halifax. Do I need to send the list of charges or any other information to the Halifax or the courts now.