Gollie v Halifax ***SETTLED IN FULL****

[Gollie]

thanks alot will do.

 

Just to check

 

Claim Description - Unlawful Penalty Charges

 

The type of defendant is Organisation, Halifax Bank

Address is

Halifax PLC

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

Particulars Of Claim =

Claimant has account ****** with Defendant

since 2003 conducted on their standard terms

and conditions. Claimant is claiming the

return of £864 taken by Defendant in charges

since 21st June 2006. 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. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 21/06/2006 to 31/10/2006 of £11.02 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

 

I am unsure what to put here, i worked out interested by using spreadsheet templated. Also on the money claim site were it says Amount Claimed = 864.00 should I change it to 875.02 to account for the interest too?

 

Apart from the above two questions is everything else ok? Thanks for help

[Gollie]

thanks alot will do.

 

Just to check

 

Claim Description - Unlawful Penalty Charges

 

The type of defendant is Organisation, Halifax Bank

Address is

Halifax PLC

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

Particulars Of Claim =

Claimant has account ****** with Defendant

since 2003 conducted on their standard terms

and conditions. Claimant is claiming the

return of £864 taken by Defendant in charges

since 21st June 2006. 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. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 21/06/2006 to 31/10/2006 of £11.02 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

 

I am unsure what to put here, i worked out interested by using spreadsheet templated. Also on the money claim site were it says Amount Claimed = 864.00 should I change it to 875.02 to account for the interest too?

 

Apart from the above two questions is everything else ok? Thanks for help

 

Were the red is, do i put 0.00022?

 

Thanks.

[Gollie]

Got it. I put 19p is that correct?

[Gollie]

Just to check

 

Claim Description - Unlawful Penalty Charges

 

The type of defendant is Organisation, Halifax Bank

Address is

Halifax PLC

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

Particulars Of Claim =

Claimant has account ****** with Defendant

since 2003 conducted on their standard terms

and conditions. Claimant is claiming the

return of £864 taken by Defendant in charges

since 21st June 2006. 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. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 21/06/2006 to 31/10/2006 of £11.02 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 19p.

 

Can someone please confirm that i am correct that the daily interest rate is 19p and also on the money were it says Amount Claimed = 864.00 should I change it to 875.02 to account for the interest too?

 

Also i notice that it asks for reference details on the money claim site. I have left this blank but it made me think will the bank be able to identify me by using just my account number thats in the particulars of the claim?

 

Ok thanks alot hopefully someone can answer these questions so i can continue with filing today.

[the_kudos]

Can someone please confirm that i am correct that the daily interest rate is 19p and also on the money were it says Amount Claimed = 864.00 should I change it to 875.02 to account for the interest too?

 

Daily rate is 0.000022 (can't remember how many numbers - you posted it earlier though) x amount you are claiming (£864)

 

Also i notice that it asks for reference details on the money claim site. I have left this blank but it made me think will the bank be able to identify me by using just my account number thats in the particulars of the claim?

 

All you need to send what you have already posted in the last thread - there isn't really any space for anymore - keep it as short as possible as you will have to tweak it as it is.

 

Ok thanks alot hopefully someone can answer these questions so i can continue with filing today.

 

 

Lol you will be waiting a while - best reading FAQ's again

[Gollie]

Claim submitted, wish me luck

[Guest bluecloud]

Nope!

 

You don't need it.

 

 

.

[Gollie]

Ok claim issued money claim says they have 14 days to reply.

 

I thought it was 28 days then i win unless they enter in to defence

[Gollie]

Week gone now since the claim was issued and accepted, still yet to hear anything. Is there anything i should check to make sure ive done everything right?

[crocodiles]

You can ammend the amount you are claiming right up to when you submit your claim.

Don't let them off with a single penny!

[Gollie]

My claim has been submitted, however since then there have been more charges applied to my account, I take it its too late for me too add them to the claim?

[Gollie]

Ok claim has now been acknowledged by the bank. Does that mean if no reply in 28 days the money is mine. If someone could answer the last few questions id be grateful cheers

[Michael Browne]

My claim has been submitted, however since then there have been more charges applied to my account, I take it its too late for me too add them to the claim?

 

Short answer is yes. You can amend your claim for £35 (unreclaimable)

 

Ok claim has now been acknowledged by the bank. Does that mean if no reply in 28 days the money is mine.

 

If they don't defend, you can apply for judgment by default 28 days after the deemed date of service.

[Gollie]

I cant wait to see the outcome of this case.

[Gollie]

I am hoping i have not made a slight mistake here. Just noticed over my particulars of claim and in it i put......

 

Defendant is aware of all

details as a list of charges has already been

supplied. Another copy will be sent.

I have not sent another copy since i filed for claim! Is there something else i should do?

 

Also I have a copy of the claim, i downloaded it from Money Claim in Adobe Acrobat Format. It says at the bottom claim issued the 31st october. Anyone know how long it will be before the next response will be. I have had a letter from Money Claim saying that Halifax had acknowledged it but thats all communication ive had regarding this matter.

 

Any help appreciated

Thanks

[Guest bluecloud]

The Halifax have 28 days to file a defence (or settle ).

 

So it shouldn't be too long before they write to you.

 

 

.

[Gollie]

Just checked bank, two sums found in account £864.00 and £94.05.

 

That will do me nicely, i have been refunded!!

 

CELEBRATE GOOD TIMES COME ON

[livelylad]

CONGRATULATIONS

[Gollie]

Thanks alot to everyone who has helped me along the way this site has been a great help

[Springer]

CONGRATULATIONS!!! Fantastic news!! xox

[illonavamp]

Oh wow! I'm so encouraged by this. Grats Gollie.

 

[Gollie]

Oh wow! I'm so encouraged by this. Grats Gollie.

 

 

 

great go for it totally worth it.

[Outacash]

Nothing like the feeling of success ... especially when you know you were right all along!

 

CONGRATULATIONS GOLLIE

 

AND GOOD LUCK TO ALL THOSE WHO ARE STILL ON THEIR WAY

 

 

Regards,

 

Outa.

[Hayleytin]

OOO, well done you!!! I filed my claim over a week ago and they still havent acknowledged so I am getting a bit worried! Hope mine turns out well like yours. Enjoy your money.