Court date for reclaiming Halifax Credit Card charges

[Still_surviving]

Hello there

 

Having won a couple of recent battles, and with some more ongoing - make sure you get a good summary of the 'Sempa Metals' legal case into your court bundle. Basically you have been unlawfully deprived of the penalty fees, and they have used this money to earn profits. You want this back. The Sempra Metals case is the main one cited on CAG when dealing with restitutionary compound interest.

 

You have a good start point, as Halifax are not now disputing that the charges have to be repaid. they are just haggling over the interest. Any future judge would need to be made aware of this, and the Sempa Metals case gives good legal precedent for the payment of compound interest.

 

You might like to point out to the solicitors acting, that you are charging interest to their client at the same rate specified in the contractual relationship. It was their decision to apply that rate in the first instance.

 

Also read this....gives a good heads up from a practising solicitor. Remember - you are in a contractual relationship with Halifax PLC

 

http://www.bytestart.co.uk/content/legal/35_2/charging-interest-in-standard-terms.shtml

Edited April 20, 2011 by Still_surviving

[podperson]

Thanks Still Surviving will start looking that up now. To be honest am feeling a bit out of my depth at the moment and am very aware that need to get everything sorted this weekend in order to have it sent off in time Should I be making the judge aware of the fact that they have offered me the charges back? The letter does say that it is private and cannot be shown at court but I did rather wonder whether that was enforceable when I haven't agreed to it - also it says the offer is made without prejudice and only 'in order to save the time and costs of court' - bless em they're just trying to help me out

[podperson]

Have only just realised that Halifax have only sent me a copy of the cca in the SAR pack and not the terms and conditions that should go with it. Does anyone have a copy of these from around 2002 that they possibly might be able to send me or direct me to?? Really could do with urgently for my court pack. Am finding it rather hard work as I thought they were meant to provide me with a list of documents they required but they have merely said to provide 'all documents on which I intend to rely at the hearing'

[podperson]

Hi all,

Any help on this much appreciated - I am currently taking Halifax to court to reclaim credit card charges and it is being dealt with by SCM Solicitors. Whenever I try and send them items through the post I am getting them returned by Lloyds Tsb saying they don't know anything about it. Now I have read in several places that Lloyds actually own SCM and I can see that the address is in the same buildling so am pretty sure this is yet another delaying tactic. But can anyone please point to me at something official saying that Lloyds took them over so I have something to go back to them with (or something to show in court if they complain they haven't received items).

Many thanks

[podperson]

Hi all,

Any help on this much appreciated - I am currently taking Halifax to court to reclaim credit card charges and it is being dealt with by SCM Solicitors (I have posted this in the HBOS board as well but thought Lloyds customers might have experience with them). Whenever I try and send them items through the post I am getting them returned by Lloyds Tsb saying they don't know anything about it. Now I have read in several places that Lloyds actually own SCM and I can see that the address is in the same building so am pretty sure this is yet another delaying tactic. But can anyone please point to me at something official saying that Lloyds took them over so I have something to go back to them with (or something to show in court if they complain they haven't received items).

Many thanks

[jdes26]

Lloyds own ****

sar lloyds

list all charges add contractual interest and get your charges back

there fobbing you off

you must get data of all charges

ie.... Proof

[podperson]

I have all that, have my court date through But I always send everything recorded delivery and I am having it signed for and then a letter coming from Lloyds returning it saying it's nothing to do with them. I send it to the address on SCM correspondence but when I have looked them up they're in the same building as Lloyds. Basically I'm looking for something to cover me if they start trying it on by saying they haven't received court documents because they've been received by Lloyds 'instead' when they're basically the same place.

[jdes26]

As long as you have everything recorded delivery then your fine

so you have court date and done your POC

and have scm aknoweledge your claim

as they have 28 days to decide if they wana defend if they don't you win by default!!!!

[podperson]

No they are defending, have sent them my court bundle last week and have checked it has been received on the track and trace - but says TSB on the signature reference which is why it's worrying me that they might try to claim Lloyds have received it instead and they haven't got it.

[jdes26]

No there lloyds solicitors

and lloyds now own Halifax

I can't believe there defending

carry on regardless and keep in contact with the court

[rebel11]

This sums them up nicely:-

 

http://business.timesonline.co.uk/tol/business/industry_sectors/banking_and_finance/article6078489.ece

[xboxer]

I SARed SCM and BlackHorse wrote back to me!

[podperson]

Hi all,

My court date for my credit card charges reclaim is this week and looks like they are taking it all the way. Am a little nervous as I haven't been to court before so just wondering if anyone could give me an idea of the kind of things they will be asking etc. Can post up Statement of Evidence if that helps. Have had nothing back from the solicitors since their defence to my original POC.

Thanks

[citizenB]

hello podperson, which credit card company is this and do you have a thread in respect of this already

[dx100uk]

5 threads merged.

 

all the details are here now.

 

dx

[podperson]

Well what a day that was! Travelling down from Scotland so set off before 8am to make sure I wasn't late, went to the court at 1.45pm for case at 2pm to be met by an 'agent' solicitor that SCM had hired from the area and who told me she had been told to press for an adjournment.

 

Was a bit gutted at this point as was fairly sure she would get it - but the judge was great! Really laid into them, saying they had sent this request just 3 days before when they had had the directions for months - if they had been waiting judgement for this case they should have asked for adjournment earlier or asked for permission to submit documents late as they had put in no defence (apart from a 2 page basic one in response to my N1 form) was saying that if he allowed it then was giving them permission to ignore the court timescales as well as waste court time and mine since I had travelled down. Also said that since the other case was also county court and not high court then he wasn't bound by any decision that might be made on it. Anyway he asked me if I wanted to adjourn any part of the case but said would just go ahead. Actually felt a little sorry for the agent, they had obviously been so sure they would get the adjournment that they had her virtually nothing to go on for an actual defence.

 

So, case got heard at least. Went into a lot more depth on some points then I had thought he would, thought I'd done my homework but could have done with a bit more on some points! He also asked me what I thought on the Bank Charges case - which I don't know in great detail as I was using a different legal argument. When I said that he then asked me to look at s6 of Utccr to see what I thought of it in relation to my case, which was very unprepared for. Ended up saying that I didn't think it related to my case and if he disagreed with my argument on them being penalties then I was relying merely on s5 for my second argument.

 

Also the interest seems to be the major issue at the moment, I was going for deprivation of monies and unjust enrichment. Not sure how it went to be honest, he has asked for new calculations of the interest rates to show various scenarios - ie interest was stopped in 2009 when I went on a dmp so he wants an option to just show interest to that rate in the event he rules against the unjust enrichment side of it. Said he was going to look over for 10 mins and then advised the agent solicitor she might want to get hold of her clients and ask them if they wanted to settle any part of it (ie the charges part) as he wasn't saying it would go against them but it was his experience that the banks did not like having judgements set down against them and they might want to offer.

 

Anyway she was on her phone the minute we went out and on it and on it, usher called us back in and she was making them wait. Eventually comes back to say she couldn't get hold of anyone there to authorise a settlement. Judge said he will wait for new calculations, some statements from them and will look at the judgement for the other case when it comes through - although he may not necessarily agree with it and it is not binding on this case. So have to wait about 3 weeks. Just to finish it off the agent says she's been instructed to ask for her costs in attending and prep - judge says to her, 'well you only came asking for adjournment, how much prep could you have done' (had to try and keep a straight face there), anyway he wrote down her request and said to her he was putting next to it 'highly unlikely', he then turned to me and asked what my travel costs for the day were and wrote those down as well saying I should get those if I win.

 

So, it's done at least - just got to wait and see now so fingers crossed.

[citizenB]

Credit card charges should have nothing to do with Bank charges.. I dont understand what the issue is here ?

[dx100uk]

is there not an MBNA case on the 16th?

 

you should still get 8% stat atleast even if they charged you no int from 'X' date for those charges .

 

just my 2p

 

and yes the bank charges issue should not be refered to at all IMHO.

 

dx

[rebel11]

Well Done Pod.

[podperson]

I didn't think the bank case should have been referred to, was a little strange. Anyway I've had a General Form of Judgement come through which is basically the list the judge gave on the day of the additional information he wanted. There are 3 items the bank needs to send in and 1 item I do - these all should have been into the court and to the other party by last Friday. I sent mine but haven't received the items from them. On the other hand it also clearly states on the form (the judge emphasised this on the day) that no further evidence was to be submitted - yet HBOS have now submitted their actual defence, around a month after it should have been in and nearly 2 weeks after the hearing. Just when I think they can't annoy me anymore lol.

It doesn't actually say on the Form though what happens if parties don't do what's ordered - I'm assuming it would say if I could get them struck out for non-compliance? Wondering if it's worth calling the court up again, though they should be aware of it already?

[podperson]

Urgh, still no judgement, over 2 weeks after it went to the judge and am getting a wee bit impatient - how long do these things normally take?

[jazzer1899]

Hey pod,

 

How have things gone with your case since 30th? Following with interest, as these monkeys are my next target after I'm finished with Barclaycard

 

Jazzer

[Guest alan703]

How did this case go?

[citizenB]

If there is a confidentiality clause - perhaps you could just let us know that it is resolved !