sr vs Halifax Urgent Help

[sohiab]

I have an allocation questionaire for a hardship case?

How should i proceed? S

hould i inform halifax and may they make an offer?

[yourbank]

I have an allocation questionaire for a hardship case? How should i proceed? Should i inform halifax and may they make an offer?

 

You cannot claim financial hardship with regards to bank charges in County Court. You will get fee remission if you are in financial hardship which is form EX150.

All bank charges cases will be stayed pending the OFT Test case issues.

[sea-sidelady]

If you have received an AQ to fill out, then all the links you need to help you fill it out are in this...

 

The Consumer Forums - Bank charges templates (consumer)

[Mr lex]

If you have recivied this AQ from the court with regards to a bank charges claim, it is wise to return it within the prescrbed timetable. Otherwise your case maybe struck out.

 

 

An allocation questionnaire will be sent to both sides, but only if the defendant submits a defence.

• You have 14 days from receipt of the AQ to return it to the court shown
  
• Failure to meet the deadline could see your case being struck out
  
• There is a fee* if your claim exceeds £1,500 in value
  
• You must return payment with the form
  
• Failure to pay the fee may result in your case being struck out
  

* The fee is £35 if small claims track or £200 if fast or multi track, but you may not have to pay if you are in receipt of certain state benefits.

 

 

There is a guide to filling it out here :-

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

 

Some courts are still issuing these, even though all case's will be 'stayed'

 

If you are claiming hardship, perhaps you can tell us what steps you have taken so far ??

 

Lex

 

(P.S. Sorry SSL didn't see you there !!)

[sohiab]

I have written to the Bank and filled out and income and expenses form. I have also called the solicitor and suggested that my hardship case is being ignorred. I have also written to the court to this effect.

[freethemice]

A little unclear from your post what your position is. Are you taking the bank to court? Are the bank taking you to court? Have you admitted liability and are filing papers for reduced payment.

The clearer you can be the better people can help you.

[sohiab]

I recieved the following today.

someone help me with what to do?

 

upon reading the court file

 

IT IS ORDERED THAT

 

Unless the claiment do particularise his claim setting out his cause of action, all releavent dates exhibiting copy of all documents relied on within 21 days of this order action struck out.

 

dated 16th sept

 

I received the following today. Can someone help me with what to do?

 

upon reading the court file

 

IT IS ORDERED THAT

 

Unless the claiment do particularise his claim setting out his cause of action, all releavent dates exhibiting copy of all documents relied on within 21 days of this order action struck out.

 

dated 16th sept

[supasnooper]

What does this relate to ?

 

Are you the claimant or the Halifax ?

[vint1954]

Not sure what it says, it is too small.

 

You will get more assistance in the legal or debt forum.

[sohiab]

It relates to a halifax bank charges claim.

 

I am the claimaint who is claim my charges back.

 

I have filed a claim for credit card charges against my bank in relation to this case.

[Mr lex]

Well done Sohiab.

 

Do let us know how you get on, is this against the Halifax ??

 

Lex

[sohiab]

No its against Egg

 

Do you think it will now go to court?

 

Here is my POC.

 

1. The Claimant's account with the

Defendant, opened 2. Since

the Defendant debited charges and interest in

respect of contractual breaches. 3.Defendant

has received a list of charges. Another copy

will be sent. 4. Either (a) The charges

exceed the Def's losses caused by the

breaches contrary to Common Law; or (b) The

charges are unfair and unenforceable under

the Unfair Terms in Consumer Contracts

Regulations 1999. 5.Claimant seeks: (a)return

of sums debited- £; (b)Interest per S.69

County Courts Act 1984 of 8% - £ continuing

at 8% until judgment or settlement at a daily

rate of £; 6. Permitted costs.

7.Application for removal of stay on hardship

grounds.

[Mr lex]

No, I don't think it will. They will tell you they will take it all the way, but they usally back out before it goes that far.

 

But we will be preperd to help you all the way.

 

What will happen now is they may make an offer lower than your claiming, or enter a defense. The court will then send out an AQ, if so the rules above will apply.

 

Do keep us up to speed.

 

Lex