Mr&Mrs Rodd v HALIFAX ***SETTLED IN FULL***

[knobby]

Hi sent my request for last 6 years statements. Received them within a week!!!

Also received another of the same a couple of days later. Postman loved it NOT

Sent 1st letter for reclaim of charges.

Received a letter after it was passed up to PO Box 548 offering goodwill gesture of £265.00.

We are actually claiming £5000 plus interest.

We are now sending a 2nd letter for action addressed to a Mr Gurvinder Gill for full refund of charges.

 

PS Must they seem to be v. quick at replying.

[knobby]

Just like to say thanks for the site.

Very helpful advice.

Donation will definitely be on the way.

[jonni2bad]

What is the exact total of charges you are claiming?

[knobby]

Total Charges = £6135

£5003 plus interest

[knobby]

Just a question.

As my claim is over £5000 can I still do it through small-claims court?

 

Thanks in advance

[knobby]

Just another question.

In my preliminary approach for repayment when I quoted bank charges I also quoted the 8% interest, what a fool I am, is this a problem.

 

I'm now just waiting to send my LBA on the 19th July

 

Thanks again

[TBeckett100]

not a problem, just remove it in your LBA. only interest can be added and claimed for via the court system.

[Michael Browne]

Just correct it in your LBA, so does this bring the claim down to £5003?

I'd bring down to just under £5000. Adding the 8% at moneyclaim won't affect the claim being heard in the small claims.

[knobby]

Yes the charges are actually £5003

Ok will do

Thanks v. much for your help

[jonni2bad]

It's a close call, but I would suggest you do consider missing possibly one charge and dropping to just below £5,000 for the charges total.

 

Whilst the actual choice of track will not likely produce any credible challenge from the bank, the fact that you are liable to costs on the fast track would suggest a more reasonable response would be to keep the claim in small claims track.

 

The interest will take you above £5,000 - although this doesn't affect track, it does mean that court costs jump from £120 to £250. Just so you are aware.

 

I would leave your most recent charge off - that way, in future, should you claim again, you can almost safely say it could be included..

 

Furthermore, upon settlement, it is highly likely that the bank would throw in most recent charges anyway, rather than face further action.

[knobby]

Cheers thx for your help

I'll keep it under 5K

[knobby]

Last question I hope, thanks so far..

When I send mt LBA on the 19th with a list of my charges, do I also include the 8% interest or not??

 

Do i just do that when I apply on the moneyclaim site??

 

Thanks again

[jonni2bad]

You really need to read through the FAQ section if you are unsure of the basics at this stage. It is absolutely vital that you know what you are doing, and why.

 

It will be time well spent, I can promise you that.....

[knobby]

Sorry my mistake, i didn't read FAQ (Duh) just read the website.

Thanks again for your help

[knobby]

Just to keep you posted.

 

LBA sent out on the 19th July claiming for £4973.

 

Will wait for 14 days then issue a court claim.

[jonni2bad]

Keep us posted, best of luck

[knobby]

Cheers

Will do

[knobby]

Hi there, just to keep you updated.

Sent LBA on the 19th, and will be filing a claim via MoneyClaim tomorrow (14 days after LBA).

I cant seem to find the FAQs for filling out the claim.

Is is straightforward?

Is there anything I make sure I do?

 

Thanks again in advance

 

Matthew

[jonni2bad]

There are Particulars of claim for using the N1 claim form (in person) but no particulars for moneyclaim - that way is restricted by the number of characters and the lines of text.

 

Try this -

 

1. The Claimant has an account number

1234567 with the Defendant which was opened

in May 2000

2. Since this time, the Defendant debited

charges in respect of purported breaches of

contract.

3. A list of charges will be supplied

separately.

4. The Claimant contends that:

a) The charges debited to the Account are

punitive in nature; are not a genuine pre-

estimate of cost incurred by the Defendant

and exceed any alleged actual loss to the

Defendant.

b) The contractual provision that permits

the Defendant to levy such charges is

unenforceable by virtue of the Unfair

Contract Terms in Consumer Contracts

Regulations 1999, the Unfair Contract

Terms Act 1977 and common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in

respect of charges in the sum of £XXXX and

any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County

Courts Act as set out on the list of

charges, and interest at the same rate up

to the date of judgment or earlier payment,

at a daily rate of £0.31

******************************

Obviously, you'll need to amend for you own figures and dates.

Remember too that para3 states you will be sending a list of charges under separate cover. Once you have received confirmation of your claim starting, send 2 copies of the spreadsheet into court clearly identified as being part of your claim.

Or, you could just start the action in person at your local county court!

[knobby]

Cheers thanks

As I will be using MoneyClaim it should keep it nice easy...?

Thanks again

 

Matthew

[knobby]

When I claim using MoneyClaim I should make sure I send a list of my charges aswell?

[jonni2bad]

3. A list of charges will be supplied

separately.

 

..Remember too that para3 states you will be sending a list of charges under separate cover. Once you have received confirmation of your claim starting, send 2 copies of the spreadsheet into court clearly identified as being part of your claim....

 

..

[knobby]

Its alright found out.

I'll send them by recorded delivery.

 

Thanks again

[knobby]

Just keeping you updated....

 

Filed court claim on MoneyClaim.gov (struggled with the 24 line limit!!) at 22:00

 

Will now send 2 copies of charges by recorded delivery to the MoneyClaim address tomorrow.

 

Will keep you posted

 

Thanks again

 

Matthew

[knobby]

Filed claim last night and just checked my claim and its asking about 'Judgement Selection' ??

Do I pick 'The defendant has not filed an admission or defence to my claim' ??

Or do I just wait?

 

Thanks again

 

Matthew