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Halifax Charges Reclaim - *** WON ***

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Thought so, sadly they don't get stayed until after you've submitted your AQ so its like throwing more money into the pot awaiting a decision.

 

Would expect you to receive notice of stay in the next couple of weeks and join the queue :x

 

Meant to add, plenty of threads on here for proposed directions - Barclays forum seems to be a goodun for templates/ideas. Shout if you get stuck and I'll have a scratch around for something suitable.

 

Gez

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Hi All,

 

We have been sent from our local court a letter confirming that the Halifax have fle the acknowledgement of service which means they now have 28 days from the date of claim form file defence.

 

On the day the court have also sent us the letter confirming the Notice that A Defence Has Been Filed on 02/10/2009. The court have attached a form N150 for us to complete and also we have to pay £200.00 as well.

 

We have looked at the form but have no idea were to start in completing it correctly. Can anyone help with information regarding the forms, the court have gven a date of 19th Oct for our form to be returned.

 

cheers :(:(:(

 

First download PrimoPDF for free from PDF Converter — #1 Free PDF Creator — PrimoPDF. When filling in the court forms in Adobe Acrobat Reader you cannot save them, so PrimoPDF allows you to "print" them into a new PDF document, allowing you to save them on your computer.

 

Then download the form from: http://www.hmcourts-service.gov.uk/courtfinder/forms/n150.pdf

 

It's very simple really. I don't know what your claim is about, so for most claims it should be the same.

 

I am going to interject here, and say that if you don't know how to fill in a simple Allocation Questionnaire, and require help for it, I'd say it's risky to say the least to issue any court claim, especially if it's above £5k in value.

 

Before I tell you exactly how to fill it in;

 

What's the value of the claim, including any interest but EXCLUDING any court fees at the date of issue?

 

What is the claim for?

a) Bank charges/Default charges

b) Breach of contract or something else

 

If b) then are there any witnesses involved that will have prepared witness statements?

 

When you answer those questions it will be easy peasy to finish the AQ.

 

The first document was probably sent late. If you haven't received the defence, then call the court and ask for a copy.

  • Haha 1

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

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Hi,

 

Thanks for the reply, i have filed for bank charges via my local court the sum excluding interest is £5224.00 have completed all the paperwork correctly and the court sent me the N150 i have completed everythng but a little unsure about the section proposed directions, after looking into this we thnk its where both parties agree to send to each other all the details of the claim and their defence. On the form it asks YES or No thats the only part we are unsure.

 

cheers

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Hi,

 

Thanks for the reply, i have filed for bank charges via my local court the sum excluding interest is £5224.00 have completed all the paperwork correctly and the court sent me the N150 i have completed everythng but a little unsure about the section proposed directions, after looking into this we thnk its where both parties agree to send to each other all the details of the claim and their defence. On the form it asks YES or No thats the only part we are unsure.

 

cheers

No is the answer. You don't agree on directions.


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Hi All,

 

just to confirm this N150 Form

 

Section A , Q1 No Q2 No, Q3 No

In box quote reason why the hearing / case should be heard.

 

Section B Yes Reason court is local.

 

Section C Yes ( do we have to attach copy letters showing we have requested the refund of charge )

 

Section D Claim amount quote but do not include interest ie £5224.00

Witnesses ? can input my name Witness to which facts ??????

 

Section Experts Q1 No Q2 No Q3 No also inout No for expert witness

 

Track Tick Fast Track as the claim is over £5,000.00

 

Section E How long will the hearing take ????? 2 hours and tick No to expert witness

 

Section F Proposed Directons Q1 No Q2 No

 

Section G Case Costs Leave Blank

 

Section H Fee tick yes including £200.00 fee

 

Section I Q1 Tick Yes or No do we have to send copy charges list and past letters requesting refund

Q2 Tick Yes if we are to send copies of this N150 to both bank and the court,

Q3 Do we intend to make future claims ??? Tick Yes or No ????

 

And in the big box below can we state to the judge some detals regarding ths information

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation

 

 

Can anyone cast their eyes over the details are highlight if their are any errors, as we do not want to cock this up at this stage.

 

 

cheers

Edited by rippedoff15

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Hi All,

 

just to confirm this N150 Form

Best to fill it out in Acrobat Reader - I posted the link to the form online in my first post - and download PrimoPDF from PDF Converter — #1 Free PDF Creator — PrimoPDF so that you can keep a copy on your computer.

 

Section A , Q1 No Q2 No, Q3 No

In box quote reason why the hearing / case should be heard.

Section A is settlement. Why don't you want to settle at this stage, of course you do!

A1. Yes

A2. No

A3. No

A4. If the claim is allocated to the small claims track, the Claimant is happy to use the free small claims mediation service, but cannot afford to pay for mediation.

 

Section B Yes Reason court is local.

That's not writing what the name of the court is. Your answers sound like the ones for N149, not N150.

 

It should be:

Section B. Yes

The claim should be heard at ... County Court being the Claimant's local County Court, and being that the Claimant is an individual and the Defendant a business.

 

Section C Yes ( do we have to attach copy letters showing we have requested the refund of charge )

Wrong again! There is no pre-action protocol for claims of this type!

 

So the answer is No. and in the box, you write: There is no pre-action protocol for claims of this type.

 

Section D Claim amount quote but do not include interest ie £5224.00

Witnesses ? can input my name Witness to which facts ??????

Section D. Amount.

 

The amount should be the amount claimed INCLUDING INTEREST AT THE DATE OF ISSUE, i.e. what you should have speciifed in the claim form EXCLUDING court fees. Alternatively - you can't do this in Acrobat Reader - but when you print it out, it would be better to just write 'ALL'.

 

Section D. Applications. No.

 

Section D. Witnesses. Leave blank. There is no need for witnesses in bank charges claims as you have the statements.

 

Section Experts Q1 No Q2 No Q3 No also inout No for expert witness

Section D. Experts. Tick all 3 No boxes, then last No box.

 

Track Tick Fast Track as the claim is over £5,000.00

Wrong! You are asking later for it to be small claims track, so putting fast track here would be stupid!

 

Tick small claims track and write:

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs.

 

Section E How long will the hearing take ????? 2 hours and tick No to expert witness

1 hour.

 

If there are any days or times in the next 6 months you are definitely unavailable than do fill the next section in, as otherwise if you end up being unavailable it will be harder to change the date.

 

Section F Proposed Directons Q1 No Q2 No

Section F. No. No.

 

Section G Case Costs Leave Blank

Section G. Leave blank.

 

Section H Fee tick yes including £200.00 fee

If you are sending the £200 fee, then tick Yes. If you are exempt tick No and explain why at the end.

 

Section I Q1 Tick Yes or No do we have to send copy charges list and past letters requesting refund

Q2 Tick Yes if we are to send copies of this N150 to both bank and the court,

Q3 Do we intend to make future claims ??? Tick Yes or No ????

Section I.

You should have already sent a breakdown of charges to the bank, and attached letters requesting the refund to the claim form, do NOT attach them here, or send a copy of the form to the bank.

It is not future "claims" but "applications" which are different. At this stage, the claim has not been stayed so no.

So: Tick the 3 No boxes.

 

And in the big box below can we state to the judge some detals regarding ths information

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation

You will have already covered the small claims issue above, if you follow my instructions. Also, you are wrong that they would counterclaim, as they have already charged you, so they would only defend against part of it. So only write:

 

I am happy to pay their actual costs and I am surprised the Defendant has not specified these in their defence, because I would let them keep their actual costs without argument.

 

However, the continuing problem (in common with the 1000's of other cases currently being brought by other customers of financial institutions) is that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

Can anyone cast their eyes over the details are highlight if their are any errors, as we do not want to cock this up at this stage.

 

 

cheers

Done.

 

Don't put your e-mail address or fax number in there, coz then they can send you documents that way and it's not recommended.


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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

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Hi Legalpickle

 

Very big thank you for the help and information, will be handing it in person on friday and hopefully getting a result lol

 

cheers

Edited by rippedoff15

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Hi Legalpickle

 

Very big thank you for the help and information, will be handing it in person on friday and hopefully getting a result lol

 

cheers

Good Luck


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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Hi All,

 

Can anyone help with the following, today we have had a letter from the court ( Chester ) regarding our claim with the Halifax, we have detailed the letter below:

 

Defence

1, On 27th July 2008 a test case was issued in the high court between the office of fair trading and a number of banks, ( namely Abbey National, Barclays Bank, Clydesdale Bank, HBOS plc and HSBC And Lloyds Bank, Nationwide & RBS ) in relation to the recovery by personal account customers of charges paid by them to the banks.

 

2, The defendant respecfully requests that this claim is stayed until futher order pending the final decision n the test case.

 

3, The defendant intends to defend this action, and will file a full defence withn 28 days, of the expiration of the stay n proceddngs.

 

4, In the meantime, the defendant makes no admissions to the particulars of clam, and the defednat denies that the claimant is entiitled to the relief clamed or any relief whether as pleaded or at all.

 

 

The above detals have been issued by the Halifax, we have to file our N150 form together with the £200 fee, what should we do next once we have filed our N150. Can anyone give any information what the court will de next.

 

 

Cheers

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Hi, we have filed the N150 form ans so far we have not heard anything as yet

 

cheers

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Hi rippedoff15.

you can expect a letter from the court, explaining that the case will be stayed pending the test case with the oft,and im afraid its a waiting game.

 

although there may be a case for the stay to be lifted, Im sure others will advise.


 

 

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Yes the stay will almost certainly be implimented.

You should get a letter saying that the Court has stayed it on its own notion without a hearing,it may give you rights to oppose the stay by xxxx days.

 

Halifax should still have a duty to file their completed AQ.

Check with the Court to see if they have done that.


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Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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H,

 

As far as we know the halifax have completed a AQ, all we have seen is the letter sent to the court asking for the clam to be stayed, we have completed our AQ on time. What happens if the Halifax did not fle their AQ and do we get a copy ????????

 

cheers

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Yes you should get a copy-the Court should send it in due course

Its a little early yet-it usually takes between 2 and 4 weeks to get a response.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi All,

 

We have had today a letter from the Court after we filed our N150 form and paid the fee of £200.00 the letter states that the judge has ordered the defendant ie the halifax must file their defence by the 16th November 2009 or their defence will by stuck out ????????

 

After the 16th Nov 09 will ths mean does we have won if they do not fle a defence, and what happens next

 

 

cheers

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Well been to the today and they have confrmed that the Halifax have not replied regardng our claim, we have filed in the section asking for the judgement as the bank have not fled any defence, the court clerk has stated they have had nothing at all from the bank regardng claim therefore we can ask for judgment.

 

The bank had until 16th Nov 09 to file their defence but they have not complete ths request. As we have asked for judgement today we should get the judgement within the next few days. We are just hoping the court will not accept ther defence if filed as they afre out of time.

 

 

has anyone got this far only to find the it can be stopped ?????????

 

cheers

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Hi All,

 

We have filed all the papers and had replys back from the court which confirms that the Halifax have asked for the case to be stayed, however the court have requested that the defendant the Halifax file the defence by a set date whch they have not completed, therefore we can ask for judgement which we have and the case is now being reviewed by the judge.

 

As the halifax have not complete their defence which was asked for by the court and we have since asked for judgement can the judge still stay the claim even if the defendant have not filed all the papers which the court have requested them to complete

 

 

Has anyone else got if far only to find the case still stayed, we are hoping the judge will issue judgement as the Halifax have not filed any defence nor replied to the court.

 

cheers

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Guest Old_andrew2018

Bump

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Just been inform by the court that the judge has now issued the judgement on 23rd Nov 09, we are hoping that the funds wll be repaid now, however can the defendant still refuse to repay and can they ask the court to cancel the judgement.

 

we have completed all the paerwork and followed the court dates but the defendant did not replay to the court in relation to filing a defence therefore we have the judgement issued.

 

can anyone confirm once we have got the judge paperwork what we are to do next ?????????

 

cheers

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Guest Old_andrew2018

Its highly likely that they especially as Banks this morning WON the test case (bad news for us all).

 

Andy

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Hi,

 

Well today we had a letter from the court confrming they have issued a judgement in writing before the test was confrmed but we are now unsure what will happen ? Can we enforce the judgement or will the bank stick two fingers up, can anyone help

 

cheers

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Hi, we have caled into the court today and collected the judgement papers, and they also gave me details how to action the judgement, however after reading the leaflets if the claim is over £5,0000 we can issue a baliff order to comfirm the warrant of execution, unless the claim is under the consumer credit act 1974, however we are not sure which way to go next.

 

Or can we just file the warrant of execution and will the court action our warrant ??????????????

 

Cheers

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Hi All, We have asked High Court Enforcemet Ltd who are based in Liverpool to collect the outstanding CCJ from the halifax which we won in court regardng the bank charges, However the case was won 2 weeks ago and so far we have had nothing from the bank, so we asked the high court enforcement group to collect as the sum is over £5k . The bank have not applied to have the clam stayed.

 

If the bailiff calls at the Halifax bank can they still refuse to pay and try to get it stayed ??? or can the bailiff enforce the judgement at hs visit ????

 

Also has anyone else used this bailiff and any feedback would be great help

 

cheers :mad:

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What did HCE tell you?

 

As far as i'm aware they can only not enforce if the stay is already in place - it's immaterial if halifax 'say' they are getting one - if they don't have one tough!

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