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Claimant has accounts xxxxxxxxx with Defendant from (date of account opening) conducted on their standard terms and conditions. Claimant is claiming the return of £ (charges total) 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 (first charge date) to (date of filing moneyclaim) of (figure on spreadsheet) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (your total charges x 0.00022)

 

That's what I was advised to put on my court claim - I filed it on Sat so fingers crossed, you're not too far behind me. As for fees - I think they differ according to your individual circumstances. I think they are reduced to £30 if you are on benefits but the 'norm' is £120, which you get back of course! Good luck

 

R

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Yes thanks for that "regina" just to clarify my total charges of £1,031 x 0.00022 = 0.22682 is that correct? also how is 0.22682 expressed is it in percent ?(like this 0.22682%) cheers guys

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Jakea,

 

I'm not completely sure but I think the figure you're left with after multiplying your total charges by 0.00022 is the amount in pence per day. i.e. £2050 x 0.00022 = 45.1p per day in interest. Hopefully someone else will be able to clarify this for you. I'm at the same stage as you so fingers crossed!!! Good luck!

 

Chris

Won!!! :D

 

Halifax Account (1st) - Claim settled in full!!! Claim started on 12th August 2006

£3,345.26 paid into account on 26th October 2006

 

Halifax Credit Card

14/09/06 - LBA sent - Total charges being claimed = £605 + interest

10/10/06 - Moneyclaim filed

29/10/06 - FULL AMOUNT PAID INTO ACCOUNT

 

 

In process...:confused:

 

Halifax Account (2nd)

Statements received, prelim letter poster...

LBA posted 13/3/07

MBNA Credit Card

Statements received

 

 

Next in the firing-line...:-x

 

GE Capital Bank Ltd

Clydesdale Financial Services

Hitachi Finance

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that's right Jake

 

I think your claim would be £120

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Yes thanks for that "regina" just to clarify my total charges of £1,031 x 0.00022 = 0.22682 is that correct? also how is 0.22682 expressed is it in percent ?(like this 0.22682%) cheers guys

 

Hi Jak,

I don't understand what you are doing here?

You claim for your total charges, plus interest worked out at 8% which the spreadsheets available in the templates library work out for you. You claim the court fee back ( and yours might not be £120 it depends on the amount you are claiming. Mine was £120 but my claim was for neary £5000)

The % you quote above a) doesn't look right to me but i'd have to check, but b) this works out a figure which you can claim daily interest for the days between the date you file and the settlement. If your figures are correct this would be 22p per day, which halifax usually forget to pay and you have to chase it up!

Hope this helps

Nona

[CENTER][SIZE=2][I][COLOR=DarkOrange]Any advice offered is only my opinion, based on my experience with my claim [/COLOR][/I][/SIZE] [SIZE=3][COLOR=Blue][SIZE=2] I won my case because[/SIZE] I READ THESE FIRST[/COLOR][/SIZE] [URL="http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/"][COLOR=red]http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/[/COLOR][/URL] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=3]Halifax[/SIZE][COLOR=YellowGreen]-[/COLOR][/COLOR][B][SIZE=4][COLOR=Red][COLOR=YellowGreen]SETTLED IN FULL[/COLOR] :D:D:D[/COLOR][/SIZE][/B][/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=magenta] [COLOR=SeaGreen]Prelim letter sent [COLOR=Black]10/07/06[/COLOR] Moneyclaim issued [COLOR=Black]07//08/06[/COLOR][/COLOR] [COLOR=Red]Settled in full[/COLOR] [COLOR=Black]15/08/06 [SIZE=2] [/SIZE][/COLOR][/COLOR][/SIZE][/FONT][CENTER][FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=2][COLOR=DarkOrchid][SIZE=1]Survey completed. Donation made[/SIZE].[/COLOR][/SIZE][/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [CENTER][FONT=Comic Sans MS][SIZE=2][COLOR=magenta][COLOR=Black][COLOR=Navy]Thanks to Dave and Bankfodder, and all who have given their time and advice[/COLOR]:)[/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=red][COLOR=Black]Co-op Bank Visa[/COLOR] Settled after LBA (only £61 but hey ho, every penny counts) [/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=#00bfff] [/COLOR][/SIZE][/FONT]

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Guest bluecloud

To calculate the interest correctly then the easiest way is to use the simple spreadsheet. You can get this at:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html#post750

 

Each charge is listed individually by date and amount.

 

The spreadsheet will calculate how much interest is due on each charge on a daily basis. Each charge will earn its own amount of interest depending on when the charge was applied to your account.

 

It's not that complicated. I have dyscalcula and managed to get there (eventually).

 

 

.

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  • 3 weeks later...

Yes people my moneyclaim has gone in and served so its just a waiting game now.After this i will be aiming my sights on ge money in respect of an hefty £3,500 early redemption fee.Any help on this would be appreciated i need info on the later stages i.e moneyclaim and lba you know anyway cheers guys n gals n good luck

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Yes thanks for that, however as BRILLIANT as CAG is you may or may not be aware this site for some is really difficult to master. Finding relavant info is a real chore sometimes, maybe with your last comment you could have offered a method of how to stick to one thread.Just a thought, oh yes just to update for those interested Halifax have now acknowledged my claim. Apparently they have 28 days from the date they were served in which to consider thier options. Any info on what happens now would be helpfull cheers guys peace out.

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