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Crash V Halifax *** WON ***


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Received letter from Halifax today acknowledging my letter (LBA) and my query about missing statements (non-compliance section in LBA). They've now clarified that there are no missing transactions and that the two dates are consecutive, and have explained it by showing the totals of the transactions.

 

Fair play for now. Funny it takes them the LBA to 'clarify the situation' about the missing entries. They've completed ignored the rest of the LBA reclaiming charges and have made no mention about it in this letter. As per Karne, no need to resend LBA, am going to file N1 form on 11th Oct :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well done......:D

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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  • 3 weeks later...

Have finally sent N1 form today for £1393.11 plus court fee (charges, interest, costs etc.) We'll see what happens now...not holding my breath just yet :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...
Anyone fancy a sweepstake?

 

I give the Halifax till Tuesday to settle :D

 

 

 

.

 

Not quite Bluecloud! Received 'Notice of Acknowl of Service' this morning that they intend to defend. Yawn....am bored already :grin:

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Guest bluecloud

I got one of them too today - a week after they settled!

 

Have you checked your account though, my money was in before I even got the letter.

 

 

.

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Yes Bluecloud, been checking that darn account all day and nothing, but let me just check again for good measure.....nope...still overdrawn by £174 :(

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Ok, received two letters this morn (as Halifax are still dealing with both my accounts separately) with a 2nd settlement offer of £760.58 (including the court fee twice!) on the basis of no admission/liability, blah blah, will defend if I pursue further...drop the case, blah blah.

 

Rejection letter sent, thank you very much.

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 month later...

Defence received with standard crap, and with Halifax claiming they've offered and paid me £760.58 - no they haven't. Sent them a fax saying I know damn well you won't go to court, so waiting for them to respond with an offer/money. Will post details of this letter from work as it's a brilliant work of art, courtesy of our man Hagenuk!

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...
Defence received with standard crap, and with Halifax claiming they've offered and paid me £760.58 - no they haven't. Sent them a fax saying I know damn well you won't go to court, so waiting for them to respond with an offer/money. Will post details of this letter from work as it's a brilliant work of art, courtesy of our man Hagenuk!

 

 

As promised, Hags work of art:

 

Attn: Mr J Magill

HALIFAX PLC

Legal Services – Retail Division

Trinity Road

Halifax

HX1 2RG

01 December 2006

Dear Mr Magill,

Subject: Claim Number: XXXXXXXXX

Account Name: Mrs Crash Account Roll Numbers: XXXXXX

Please accept this correspondence in accordance with my duty under the Civil Procedure Rules to continue to pursue a settlement without the need to invoke the time of the courts.

 

I am in receipt of your defence for the above claim and I note from the same at paragraph three that you assert that my agreement to accept the account terms and conditions permitted you to apply charges. I am of the opinion the law is clear on liquidated damages and that, irrespective of your belief to the contrary and regardless of any agreement that I may have signed, the payment of excessive damages will be interpreted as a penalty and therefore the charges you imposed will be unenforceable and should I be forced to continue with this litigation, judgment granted in my favour. Accordingly I would suggest that you consider your position with regard to common law and penalty clauses and to avoid further legal costs, settle in full forthwith at which point I will discontinue my claim.

Should you need further persuasion that your charges are unlawful I would draw your attention to The Unfair Terms in Consumer Contracts Regulations 1999 which applied to current accounts because I am a consumer and the terms of accounts were not freely negotiated as they amounted to one of your standard packages.

The charges debited to my account are punitive in nature and are not a genuine pre-estimate of cost incurred by the bank and exceed any alleged actual loss in respect of any breaches of contract on my part and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the bank which exercises the contractual term in respect of such charges with a view to profit. In order to amount to lawful liquidated damages you have to show that the charges you have taken represent a genuine pre-estimate of your losses (per Lord Dunedin Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79).

 

At paragraph four in your defence you state that you have refunded £760.58 to the “Current Accounts”. I should inform you that no such payment has been made and therefore I am at a loss as to where this alleged refund has supposedly been paid.

 

Paragraph five of your defence asserts that the remainder of the claim, the sum of £752.53, appears to relate to charges yet that I have failed to provide particulars of how this figure has been arrived at and that it is not supported by my Current Account details. The figure of £752.53 was derived from a letter I received on 31st October 2006 from Mr John Pinder wherein I was offered a payment total of £760.58 as a goodwill gesture, the £752.53 being the remainder of my total amount claimed of £1513.11 less the £760.58 offered by John Pinder. As you can see, this figure did not come from me but from a calculation made by John Pinder in an attempt to limit your liability to me.

Paragraph six of your defence relates again to the sum of £752.53 and further, despite a payment of £760.58 having allegedly being made to me, denies any liability for this or indeed other any sum which is odd and clearly contradicts your alleged actions as stated in your paragraph four.

In actuality, I would say that your defence does not answer my particulars of claim in any way and therefore this letter which, I am copying to the Court, is my formal request to the Court to grant me a summary judgement for the entire sum claimed. I would also point out that your defence does not comply with CPR 16.5(2), in that when denying an allegation it doesn’t provide an alternative version of events. As such no reasonable grounds are disclosed for defending the claim, therefore I intend to request that the court should seek to give effect to its overriding objective, as detailed in CPR 1.1, 1.2 and 1.4, and strike out the Defence.

You have a further fourteen (14) days to file a proper defence before the date for the submission of the Allocation Questionnaire and if you do so then I will state now that I will raise no objection to your amendment.

I have noticed recently that there are numerous cases on the same bank charges issue being transferred to the Mercantile Court in London. It has also been brought to my attention that there may be a group action on the same issue and that there may be an attempt to refer the OFT for failure to take their own action. Additionally the OFT announced on 7th September 2006 that they would begin a fact-finding exercise into the charges levied on other accounts following on from their success with credit card charges.

 

If you decide that you wish to oppose my application for summary judgement then I suggest that you let me have your amended defence directly as well as filing your copy with the court.

Having fully considered the legal position regarding my claim I have to reiterate my surprise at your intention to defend given that your chances of success are remote in the extreme. However, I respect that this is the right of Halifax plc. Nevertheless, take note that I will draw the Court’s attention to the fact that you have not made any payments referred to in your defence, in addition I will make a formal complaint to the Law Society, the Financial Ombudsman Service and the Banking Code Standards Board. Furthermore I will submit this letter to the Court as further evidence of your intransigence with my case despite my attempts at settlement and the settling by your company of all other similar claims to date.

Alternatively, in accordance with the overriding objectives of the Civil Procedure Rules I would like to give you the opportunity to settle this issue without the need to take the time of the Courts. My claim is for £1204.04 and the statutory interest at 8% thereon, currently at £163.46, and £145.61 of additional costs, making a total of £1513.11, plus daily accruing interest. If you could ensure that this sum is paid into my bank account within seven days I will inform the court that this matter is settled. If you wish to pursue this course of action please telephone me on 0797-0387937 to obtain my account details.

I look forward to hearing from you.

Yours Sincerely,

Mrs Crash.

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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AQ received with another copy of the defence around 8th Dec, which I sent off yesterday. Tick tock, tick tock!

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 3 weeks later...

Rung courts today, AQ not received but they've said a court date of 8th Feb has been set with details in post to me. I rung Halifax and spoke to Jamie who said this is about the balance of £700 odd isn't it? I said no, since you claim to have paid me half, but I haven't received anything. He said 'oh i was under the impression it went straight into your account...I'll chase' and added an AQ had already been sent.

 

I've faxed him a CPR 18 request, just to rock the boat :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Received Notification of Allocation to the Small Claims Track (Hearing) from Aylesbury CC today for 11 am on Feb 08th. Called and left a message for Jamie Magill today to the effect that 'now that we have a date, are you willing to settle for the full amount? If so call me...if not we'll proceed as normal'.

 

Am not holding my breath just yet, but I have until say Weds 24 Jan to file the court bundle. I'm going to leave it as late as poss for obvious reasons, so just waiting now.....

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Received another letter from Halifux today....they will be charging be £30 for going over my o/d limit....lovely.

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Wow, your case really worries me, best of luck to you!

 

My amount outstanding is very similar to yours, and before I started I knew there was a possibility of it going that far, but to see it written out week by week its a little intimidating.

 

Maybe I will just settle.... help??

Hard Working, Hard Drinking, Hard Done By!

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Wow, your case really worries me, best of luck to you!

 

My amount outstanding is very similar to yours, and before I started I knew there was a possibility of it going that far, but to see it written out week by week its a little intimidating.

 

Maybe I will just settle.... help??

 

Nailz, nothing to feel intimidated about - a week by week account just allows me to remember where I'm at - as I have a few claims going.

 

DO NOT settle unless you're happy with the amount they give you (I hope you're only happy with full settlement). It's just a case of sticking to your guns. They can throw whatever they like at me...they will FOLD before the court date and pay up. I'm just bored of waiting...lol. The extra charge they're gonna take off? I'll just negotiate that in my full settlement, or I'll start a new claim...JOY!

 

But I WILL NOT let them bully me into accepting less than what is owed back to me. You just wait, my thread will be changing to 'Won' soon :)

 

I hope that helps you into NOT giving up :grin:

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Do you have a link to your thread Nailz, paste it in here, I'll keep an eye out. Keep on going hun, it really is a case of just waiting it out. You WILL win :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Ok Nailz, am subscribed to your thread now, so will keep an eye out.

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Sent bundle off via Recorded delivery on Weds 24th, plus an extra sheet of expenses up to date for time, research, paper and postage, as a 'Litigant in Person'. Keep checking the good old online banking but nothing showing as yet. Had a dream last night that they posted me a partial cheque, with a request to send me copies of statements for older charges...to which I call them back and say 'check the court bundle you saps'!! This is obviously not healthy...pmsl!

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Oh...my....giddy....aunt!

 

Halifax J Magill rung me a few minutes ago. We danced a bit...he threw some law at me, I threw some back...he stated they'd made more than a generous offer to pay me most of my charges....I said I want all of it plus the compounded interest back...he said the limitations act states this...I said it states that...he told me my case would be struck out...I said no point in debating over the phone, I'll see you in court...THEN he said fine, what do you want? What will you settle at?

 

I said:

 

Charges

Interest

Misc. costs

Court Fee

Daily Interest....which makes £1380.34. I'm happy to exclude the litigants in persons costs on this occasion.

 

He said fine, it's up to my superiors (yeah right, you've just settled with me mate) and what account can I pay you in?

 

Money should be sorted over the weekend.

 

I will do my somersault when I see the money :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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