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    • I've been very agreeable all the way to this point, and I have started to think they have taken advantage of that fact.   Without going into massive amounts of detail, my reasons for not wanting to give them further opportunities to rectify the work are:   1. Delayed multiple times from outset with poor commuication and threats that I could not pull out (despite them breaching their own contract for start date) 2. Repair attempt 11th June (not all issues addressed) 3. Workers attended 5th June (Issues with work not addressed) 4. 28th June Matthew (director) attended and agreed work unacceptable- 5. 15th and 16th July- workers attended to rectify issues and actually made front drive worse by making unnaceptable paving cuts (raised in engineers report). Rear patio issues addressed (not all, and most serious issues remain)   Communication wise, my son has had an amicable discussion with the workers and director when attending my property. I have full CCTV front and rear and have all evidence including audio and video recordings of all interactions. I have not refused to communicate with them. I have refused to communicate with them via telephone as I said that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of.   I understand the point about being reasonable and fair. I think I have evidenced that I have thus far. They have had ample opportunities and stonewalled me and sent debt collectors after me. Now I've provided evidence of their poor work, I feel they are realising they are looking at a large loss, plus legal costs they probably are unwilling to pay.   I would not be happy to pay for their independent assessment (they have not paid for mine). The majority of the issues that were raised in the engineer's report, I had already highlighted to them (such as the cuts of the bricks not being in line with manufacturer's guidelines- if you recall I had already contacted the manufacturer Tobermore for additional information)   If you feel I'm completely missing the mark here, then I'm happy to be guided by you, however the Consumer Rights Act only provides them with limited opportunities to put work right. Surely I cannot be expected to just sit here for months and just keep letting them try and try again, and only now that they face the prospect of potentially losing at court. I've been reasonable, polite and accommodating from the outset, and I have written, video and audio evidence of all of this.          
    • ok good defence due by 4th oct by 4pm.   so no you wont have gotten an n180 yet...
    • The claim form was dated 2nd Sept. Not filed defence yet.  Not had an  N180
    • Hi dx I have had an attempt at my witness statement just hope i have got enough in and the order sits well. Any thoughts would be welcomed.   In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant WITNESS STATEMANT OF XXXXXXXXXX   I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected a request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.   3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that upon receipt of the claim form a CPR31.14 was issued to the claimant on the 31/012/20 and proof is included in exhibit 1.   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.    Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….   Thanks G
    • forget the guarantee, totally worthless, no guarantee or warranty is even worth the paper it's written on.   under the consumer rights act 2015, bensons are quite correct that outside of 6mts, it is down to the consumer to get and pay for an independent report upon any issues. this cost will be refunded upon your win.   also under CRA a 'product' should last a consummate period of time, upto 6yrs typically or even beyond, one would expect a mattress to not to have issues after a mere 10mts.    
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DeviousDame v Halifax ***SETTLED IN FULL***


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I still have a question above needs answering please if possible and another here..

 

on the moneyclaim form do I address the defendent as my local branch of halifax address or the PO BOX 548, Leeds, LS1 1WU address ??

 

many thanks

Damian

Halifax Bank Charges

Sent request for staments 14/06/06

Calculated that Halifax owed me £2111.00

Sent PREM 14/07/06

Sent LBA 01/08/06

Halifax offered £210 as full & final settlement

Sent FLBA 11/08/06

Filed claim at CLCC on 18/08/06

Claim served on 01/09/06

**SETTLED IN FULL 06/09/06**

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Damian

I didn’t use the Moneyclaim online form and although I appreciate that many people have used this facility most successfully, to me, it seemed at an overall glance to be quite involved and meant to cover a multitude of scenarios. By contrast, Form N1 in my opinion is far more straightforward.

Having said that, may I make some observations and suggestions that you might consider to be helpful before submitting your claim.

1 Be concise and precise.

2 You have quoted various Regulations in support of your claim but omit to mention the most important one of all, the April 5th OFT ruling which has precipitated all this action by hundreds of people.

3.Penalty charges have been deemed to be irrecoverable at law - full stop. Only a judge can and will decide if charges applied to your account are unfair.

4 You should itemise each charge giving the date, the amount and what it was for - eg:- overlimit; late payment; returned payment fee.

5 Standard ‘Interest’ applied to your account is not reclaimable. Are you sure that Halifax has levied interest specifically on your charges?

6 I’m not clear how you’ve calculated the interest in arriving at £566.65. You can claim 8% interest on each charge from the day it was applied to the present.

Use the CAG ready calculator to tabulate this if you have not already done so.

7 It is a good idea to show that you have tried to resolve this ‘dispute’ with the Halifax but having failed to do so, are therefore compelled to resort to the Courts to press your case. It is not so much a matter of the Halifax failing to justify their charges to you, it is more a matter that you consider these particular charges unfair and unlawful and are now seeking to reclaim them in full.

8 In general, you can only claim for the last six years so to my mind, when you opened your account is of no relevance.

So - Keep it simple;

State the total amount you are reclaiming in penalty charges over the last six years.

State the total amount you are reclaiming at 8% interest

Supply itemised lists of the above.

Remember to add in your Court fee

As has been already said by others in CAG, you are taking on a big organisation who are extremely reluctant to accept the OFT ruling but even more reluctant to go to Court.

It is not a race, there is no time-limit.

As in all legal matters, the one with the best paperwork wins.

Make sure your claim is clear, easily understood and watertight. Once the dye is cast, it’s not good to be troubled with afterthought!

PeterG

PS In reply to your last post, if you are reclaiming Credit Card charges, I used the Dunfermline address. Otherwise use the Leeds one - NOT you local branch!

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Hi Peter, firstly many thanks for your detailed response, I appreciate your time and effort to help me :) can I amswer your points one by one..

 

Damian

 

I didn’t use the Moneyclaim online form and although I appreciate that many people have used this facility most successfully, to me, it seemed at an overall glance to be quite involved and meant to cover a multitude of scenarios. By contrast, Form N1 in my opinion is far more straightforward.

I thought it would be more straight forward to do this online as it would save me a trip to the court which would mean taking time off work, it also seemed to be the method most people o n here were using...

 

 

2 You have quoted various Regulations in support of your claim but omit to mention the most important one of all, the April 5th OFT ruling which has precipitated all this action by hundreds of people.

the text I have used is taken from other threads on here from people using moneyclaim (there is a restriction to the level of detail you can include)

 

 

4 You should itemise each charge giving the date, the amount and what it was for - eg:- overlimit; late payment; returned payment fee.

On my 6 years of Halifax bank statements which they sent me upon request the charges were only described as "Charges as Notified" and therefore I do not know which were for unauthorised overdraft or failed direct debit etc, I was under the impression that this was not important ??

 

 

5 Standard ‘Interest’ applied to your account is not reclaimable. Are you sure that Halifax has levied interest specifically on your charges?

I am really not sure about this to be honest, this is the main area of concern for me..

 

 

6 I’m not clear how you’ve calculated the interest in arriving at £566.65. You can claim 8% interest on each charge from the day it was applied to the present.

Use the CAG ready calculator to tabulate this if you have not already done so.

I used the first spreadsheet here to calculate the interest.. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

 

7 It is a good idea to show that you have tried to resolve this ‘dispute’ with the Halifax but having failed to do so, are therefore compelled to resort to the Courts to press your case. It is not so much a matter of the Halifax failing to justify their charges to you, it is more a matter that you consider these particular charges unfair and unlawful and are now seeking to reclaim them in full.

 

8 In general, you can only claim for the last six years so to my mind, when you opened your account is of no relevance.

again... the text I have used is taken from other threads on here from people using moneyclaim (there is a restriction to the level of detail you can include)

 

 

Make sure your claim is clear, easily understood and watertight. Once the dye is cast, it’s not good to be troubled with afterthought!

 

couldn't agree more, exactly why I keep posting on here before submitting anything :lol:

 

 

PS In reply to your last post, if you are reclaiming Credit Card charges, I used the Dunfermline address. Otherwise use the Leeds one - NOT you local branch!

 

Excellent, I thought as much (FYI, it is bank charge reclaim not credit card)

 

 

many thanks again for your time and help

look forward to your comments

 

 

Regards, Damian:)

Halifax Bank Charges

Sent request for staments 14/06/06

Calculated that Halifax owed me £2111.00

Sent PREM 14/07/06

Sent LBA 01/08/06

Halifax offered £210 as full & final settlement

Sent FLBA 11/08/06

Filed claim at CLCC on 18/08/06

Claim served on 01/09/06

**SETTLED IN FULL 06/09/06**

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Damian

 

RIght. first of all, the OFT ruling applies specifically to unfair Credit card charges although I think? that they've now been asked to officially investigate Bank Current account charges.

 

Nevertheless, that doesn't help you at the moment.

 

Therefore can I suggest 2 possible ways to follow now.

 

1 Check up again on similar threads in the Halifax Forum but in particular, access the posts of Dave (Administrator), jonni2bad and Michael Browne to name but three who have given much pertinent helpful and very specific advice throughout all forums.

 

2 Read the articles by Neil Faulkner on the Motley Fool (UK) website. Don't get me wrong, Neil is a strong advocate of CAG but if you go to The Ultimate Guide To Reclaiming Bank And Card Charges - 30/06/2006 - The Motley Fool UK, you will find his several articles which I think you will find helpful and informative - and give you another 'informed' perspective. I have had personal contact with Neil and he is very approachable, inundated with requests for help but still comes up smiling!

 

You may need to retrace your steps in requesting details of the charges. Under the Data Protection Act, you are entitled to request not only the dates when charges were applied and the amounts involved, but you also want to know precisely what the charges were for? It is insufficient and a cop-out for the Bank to say 'as previously notified'.

So if you've paid your £10 and they cannot produce the info you have requested, which they of course must admit in writing, then this will by default, I think, strengthen your case. Remember, the one with the best paperwork wins!

 

So you might need to write again to 'seek further clarification'.

 

Anyway. take your time. Get it right and don't leave the Bank any room for excuse.

 

PeterG

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Peter,

 

Once again thank you for your superb advice, I will certainly PM the mods as suggested and ask them their views..

 

I will also start a new thread to see if anybody else received their statments with only "charges as notified" used instead of a detailed description..

 

I will definitely take my time to make sure I get this right although I hope the bank doesnt now think that I'm not following through seeing as though in my final letter before action I suggested I would file my claim on the 19th August:?

 

anyway, thanks again for your help, its really appreciated :)

 

Damian

Halifax Bank Charges

Sent request for staments 14/06/06

Calculated that Halifax owed me £2111.00

Sent PREM 14/07/06

Sent LBA 01/08/06

Halifax offered £210 as full & final settlement

Sent FLBA 11/08/06

Filed claim at CLCC on 18/08/06

Claim served on 01/09/06

**SETTLED IN FULL 06/09/06**

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Peter,

 

according to a reply in my other thread http://www.consumeractiongroup.co.uk/forum/halifax-bank/25834-halifax-statment-information.html

 

Halifax always state "Charges as Notified" on their statements and don't specify further.. I just need somebody to confirm now that they have had a win in court using just that info and then I'm happy to proceed (and going to use the N1 form now and personally take to the court rather than using moneyclaim) :)

 

Thnks, Damian

Halifax Bank Charges

Sent request for staments 14/06/06

Calculated that Halifax owed me £2111.00

Sent PREM 14/07/06

Sent LBA 01/08/06

Halifax offered £210 as full & final settlement

Sent FLBA 11/08/06

Filed claim at CLCC on 18/08/06

Claim served on 01/09/06

**SETTLED IN FULL 06/09/06**

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I just need somebody to confirm now that they have had a win in court using just that info

 

You won't get confirmation from anyone, because nobody has needed to go into court to win. Halifax have paid out over £500,000. You're worrying unduly, if it says 'charges as notified' on your statements, thats all you need put.

 

File at court and the money's yours.

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Hi Damian

 

Have been out all day so just catching up!

 

Michael makes a very astute and when you think about it obvious point. They would have to go to Court to challenge / dispute your claim and unless they have a sudden change of policy, they won't do that.

 

I'm no legal expert but I would think that under the terms of Data Protection, if push came to shove, you could insist on full clarification of the charges applied. If the scenario was such that it did go to court, then you can bet your bottom dollar or your last £ sterling that they would know exactly what the charges were for and say so.

 

However, follow Michael's advice and submit your claim.

 

Don't worry about your claim being later than what you stated. I gave them July 24thJuly, then 31st and eventually filed on Aug 9th! Like I said, getting it right is the key, time is not of the essence!

 

Best of luck

 

PeterG

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Thanks again Peter, I feel much better now :) despite just having some bad news from the Hospital :(

 

anyway, I'm off to fill in my N1 form now and hope to get to the court today as I have the day off..

 

thanks again evrybody for your great advice, this forum really is a fantastic place ful of very helpful people

 

Cheers everybody, wish me luck :D

 

Damian

Halifax Bank Charges

Sent request for staments 14/06/06

Calculated that Halifax owed me £2111.00

Sent PREM 14/07/06

Sent LBA 01/08/06

Halifax offered £210 as full & final settlement

Sent FLBA 11/08/06

Filed claim at CLCC on 18/08/06

Claim served on 01/09/06

**SETTLED IN FULL 06/09/06**

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filled in the N1 form today with help from the good people on here in another thread :oops:

 

off to the court in my lunchbreak tomorrow to file the claim..

 

will keep you posted

 

Thank, Damian:)

Halifax Bank Charges

Sent request for staments 14/06/06

Calculated that Halifax owed me £2111.00

Sent PREM 14/07/06

Sent LBA 01/08/06

Halifax offered £210 as full & final settlement

Sent FLBA 11/08/06

Filed claim at CLCC on 18/08/06

Claim served on 01/09/06

**SETTLED IN FULL 06/09/06**

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Filed my claim at the Central London County Court yesterday (24th Aug)

 

Thanks to everybody for all your help:) :)

 

Wish Me Luck!

 

Damian

Halifax Bank Charges

Sent request for staments 14/06/06

Calculated that Halifax owed me £2111.00

Sent PREM 14/07/06

Sent LBA 01/08/06

Halifax offered £210 as full & final settlement

Sent FLBA 11/08/06

Filed claim at CLCC on 18/08/06

Claim served on 01/09/06

**SETTLED IN FULL 06/09/06**

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Notice of Issue from the court arrived on Friday

deemed as served on 1st September

 

guess they waited for my cheque to clear before issuing..

 

assuming that the Halifax will respond to say they are defending??

getting excited now :razz:

 

DD

Halifax Bank Charges

Sent request for staments 14/06/06

Calculated that Halifax owed me £2111.00

Sent PREM 14/07/06

Sent LBA 01/08/06

Halifax offered £210 as full & final settlement

Sent FLBA 11/08/06

Filed claim at CLCC on 18/08/06

Claim served on 01/09/06

**SETTLED IN FULL 06/09/06**

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Hi Damian,

 

Just been catching up with your progress, looking good.

Shouldn't be too long now for the money.:)

I guess as with everyone else they'll say they will defend and then the magicial halifax cash fairy will make a deposit. I think it was a couple of weeks for mine.

 

Libertie

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

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Hi Damian,

 

Just been catching up with your progress, looking good.

Shouldn't be too long now for the money.:)

I guess as with everyone else they'll say they will defend and then the magicial halifax cash fairy will make a deposit. I think it was a couple of weeks for mine.

 

Libertie

 

Hi Libertie,

I hope your right :)

 

Will keep you all posted

have a nice weeknd

 

Damian

Halifax Bank Charges

Sent request for staments 14/06/06

Calculated that Halifax owed me £2111.00

Sent PREM 14/07/06

Sent LBA 01/08/06

Halifax offered £210 as full & final settlement

Sent FLBA 11/08/06

Filed claim at CLCC on 18/08/06

Claim served on 01/09/06

**SETTLED IN FULL 06/09/06**

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Received this letter today...

 

 

Dear DeviousDame,

 

I have received and have been dealing with the proceedings, which you have issued against Halifax Plc in the Central London County Court.

 

Your claim relates to bank charges debited to your current account. These charges were debited to your account in accordance with the account terms and conditions, which you agreed to accept, and by which you are bound.

 

I have returned the form of Acknowledgement of Service to the Central London County Court indicating that Halifax intends to defend your claim. However, on a purely commercial basis, it will cost Halifax money to defend your claim in terms of the legal costs that will be incurred. It is unlikely that Halifax will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs are not generally awarded.

 

For this reason, but without admision of liability, Halifax is willing to reimburse £2111.00 in respect of the bank charges incurred, together with £586.62 in respect of approximate interest that Halifax has calculated was charged on your account as a result of charges. The Halifax will also reimburse £120.00 in respect of the Court fee. This ammounts to £2817.62 which will be credited to ******* within the next five working days.

 

I will write to the court to let them know that your claim has been settled and would be grateful if you could do the same.

 

so like an excited school boy I check my account online and .....

 

WHO GIVES YOU EXTRA !!!!!! :D :D :D :D

 

transfered the cash to my Barclays account within the hour!!! LOL

 

thanks for all your help guys and girls

I'm off to make a donation to this site now...

 

Stick with it, it all comes good in the end

 

DD:)

Halifax Bank Charges

Sent request for staments 14/06/06

Calculated that Halifax owed me £2111.00

Sent PREM 14/07/06

Sent LBA 01/08/06

Halifax offered £210 as full & final settlement

Sent FLBA 11/08/06

Filed claim at CLCC on 18/08/06

Claim served on 01/09/06

**SETTLED IN FULL 06/09/06**

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CONGRATULATIONS

 

 

Don't forget our SURVEY

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Done survey and donated :)

Halifax Bank Charges

Sent request for staments 14/06/06

Calculated that Halifax owed me £2111.00

Sent PREM 14/07/06

Sent LBA 01/08/06

Halifax offered £210 as full & final settlement

Sent FLBA 11/08/06

Filed claim at CLCC on 18/08/06

Claim served on 01/09/06

**SETTLED IN FULL 06/09/06**

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Damian,

 

WHOOPEEEEE! Well done, congratulations!:D :D

Any more on your hit list?

 

 

Libertie:)

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

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no more to reclaim Libertie :)

 

good luck with yours !

 

Damian

Halifax Bank Charges

Sent request for staments 14/06/06

Calculated that Halifax owed me £2111.00

Sent PREM 14/07/06

Sent LBA 01/08/06

Halifax offered £210 as full & final settlement

Sent FLBA 11/08/06

Filed claim at CLCC on 18/08/06

Claim served on 01/09/06

**SETTLED IN FULL 06/09/06**

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Superb! they must hate writing those letters !!

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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stick with it Rachel,

 

I had loads of stupid questions along the way which all the kind people on here helped me with, this place really is the bees knees :)

 

Good Luck

DD

Halifax Bank Charges

Sent request for staments 14/06/06

Calculated that Halifax owed me £2111.00

Sent PREM 14/07/06

Sent LBA 01/08/06

Halifax offered £210 as full & final settlement

Sent FLBA 11/08/06

Filed claim at CLCC on 18/08/06

Claim served on 01/09/06

**SETTLED IN FULL 06/09/06**

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Damian,

 

Am luvin your avatar where did you get it from?

 

Libertie

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

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Damian,

 

Am luvin your avatar where did you get it from?

 

Libertie

 

from a dance music forum I use daily :)

feel free to use it if you wish

Halifax Bank Charges

Sent request for staments 14/06/06

Calculated that Halifax owed me £2111.00

Sent PREM 14/07/06

Sent LBA 01/08/06

Halifax offered £210 as full & final settlement

Sent FLBA 11/08/06

Filed claim at CLCC on 18/08/06

Claim served on 01/09/06

**SETTLED IN FULL 06/09/06**

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