jonni2bad v Halifax - Got the money but no default removal

[countrybake]

hi all i am at the stage of the AQ's and am going for charges and default removal and was just wondering what to put in the G other information part it is a N149 any help would be appreciated thanks

[jonni2bad]

It's in the template guide...!

[Guest The Dam]

Jonni, have you included in your Claim the request that the charges be declared unenforceable?

Sorry for my ignorance. but, what are unenforcable charges?

[aardvark the lecturer]

They are charges that we/you are arguing as unlawful due to them not being representative of the true cost incurred as a result of the breech. The argument is that if they are unlawful, they are also unenforcable.

[Guest The Dam]

Of coarse. Thanks v.much aardvark. I will be in touch again if poss?

 

A big apology for my blatant hi-jacking of this thread. New user. Props to J2B. Having read his thread from start to finish I am now one enlightened puppy. With a full idea of the kind of dedication you need to pursure these flagrant 'new age' tea leaves.

 

Congrats on yr win J2B. Don't let THE MAN get you down. I look forward to yr next installment.

[caro]

Of coarse. Thanks v.much aardvark. I will be in touch again if poss?

 

Start your own thread and no doubt you will receive help and support too.

[aardvark the lecturer]

No Prob 'The Dam', don't forget to start a thread for your claim so we can follow your progress and try to help!

[countrybake]

Hi jonni just a quick question about the court bundle and the provisional findings report - NI personal banking. do you add all 200 pages of this document or just part of it, any advice would be much apreciated as i have to send in the court bundle to the judge on the 6/12/06 for the case set for 16/1/07 thanks

[jonni2bad]

No, just the sections we have found most useful so far - being 4.6 and 4.10

 

Include a note that the full "edited" report can be made available to the court if required, although the Defendant is likely to be in possession of a complete unedited version which it might wish to instruct them to supply!

[countrybake]

thanks for your response jonie

wile you are here would you care to look here and see what you think, it is on the last entry thanks.

[alanfromderby]

although the Defendant is likely to be in possession of a complete unedited version which it might wish to instruct them to supply!

 

I do like your style!

[jonni2bad]

Yes, it's Matalan, don't you know....

[kevcam]

No, just the sections we have found most useful so far - being 4.6 and 4.10

 

Include a note that the full "edited" report can be made available to the court if required, although the Defendant is likely to be in possession of a complete unedited version which it might wish to instruct them to supply!

 

Whilst 4.6 and 4.10 ae very good, there is also some useful information in the main report so I would recommend taking the time to read it all and perhaps include the entire document.

 

For example:

 

4.237 We note that there are additional administrative costs for the bank in managing a customer in unauthorized overdraft. The banks must have the people and systems in place to make the necessary decisions. For example, it may require manual intervention to decide whether to honour a cheque, and to return it unpaid if necessary. In addition, unauthorized balances are likely to pose a greater risk of bad debt to the bank. However, as set out in paragraph 4.170, we think it unlikely that costs could account for the observed levels of unauthorized overdraft charges, both because the detailed costs are not known by the banks, and because the substantial changes in charges that we have seen are unlikely to correspond to similar changes in costs.

4.238 The banks told us that they sought to avoid customers incurring unauthorized overdraft charges. Their objective was to foster a positive customer relationship and increase customer satisfaction so as to maximize the possibility of cross-sales.

Nonetheless, the banks’ business plans that we have seen rely on unauthorized overdraft charges for generating PCA revenues. In addition, the incidence data set out in paragraph 4.116 shows that whilst some customers may be able to modify their behaviour to avoid incurring charges, a significant proportion go repeatedly into unauthorized overdraft and are likely to continue to incur charges, whatever their level.

 

And:

 

4.285 In 2005 the eight banks in total earned £167 million from providing PCAs, which represents nearly 8 per cent a year average increase since 2002. During this period the clearers experienced a growth in revenue of over 5 per cent on average a year whilst the non-clearers experienced growth of 19 per cent on average a year.

4.286 On average the banks earn more than half their total income from NII on credit balances, over 40 per cent from charges and 5 per cent from NII on debit balances.

In 2005 the eight banks earned £92 million from NII on credit balances, £66 million from charges and £8 million from NII on debit balances. On average, the clearers earned total revenue per active account of £175. The non-clearers earned significantly less (total average revenue per active account of £116).

4.287 We asked the banks for their breakdown of the charges income, but they had difficulties in allocating their revenues consistently. We sought, in particular, to understand the importance of unauthorized overdraft charges as a source of income for the banks as a whole. Although there is some uncertainty surrounding the estimate, it was clear that unauthorized overdraft charges are a key source of income. Based on the information provided by the banks, it appears that the eight banks earned £31 million in 2005 from unauthorized overdraft charges, representing 47 per cent of all charges. This is likely to be an underestimate because the analysis

from some of the banks allocated no income to unauthorized overdraft charges. We 187 estimate that a more realistic figure for 2005 might be around £35 million, representing over half of all income from charges.156

In 2005 the eight banks in total earned 45 per cent of the total income earned from the provision of PCAs directly from PCAs.

Therefore we can assume that:

45% of total income of banks from PCA’s

40% of income from PCA’s from charges

50% of income from charges are unauthorized overdraft charges

So around 9% of banks income from unauthorized overdraft charges.

Theres a lot more useful info so it is worth a read.

[TANZARELLI]

Court proceedings issued today....

 

Bank charges £2024.00

Interest on charges £661.92

Court costs £150.00

Total £2835.92

 

plus daily interest of 59p until settlement...!

 

Particulars of claim include the removal of a default notice, hence the court costs being £150 and not £120.

 

Got to court quite late today, so the member of staff told me they might not be served until tomorrow.

 

In a (self proclaimed) moment of celebrity status - I think I'm the first person to make a claim against the banks at Mansfield County Court. Can I go on Celeb Big Brother now?

 

Hi jonni2bad how did you word your POC i too want a default removed from crap one but not sure what to put in POC. Do you have a copy of this and couldd you popst it so I could poss crib a bit?

 

Thanks in advance

 

Tanz

[jonni2bad]

Answered on your thread.

[TANZARELLI]

Thanks J2B,

 

If and when I get the default removed then I will definately dedicate it to your efforts on here.

 

Thanks again for the help.

 

Tanz

[maybelline]

how do you stop a threatened default - 24 Dec -deadline (sorry should this be a new thread)

[kevcam]

Hi Maybeline,

 

Do you have a thread of your own?

 

Are you making a claim against the bank for unlawful charges?

 

How much is the default?

 

How much are you claiming back in charges?

 

If you are claiming back charges you can let the bank know that the account is in dispute and that processing the Default Notice before the dispute has been resolved will put them in breach of Section 13.6 of the Banking Code and in breach of section 14 of the Data Protection Act.

[countrybake]

hi a question for jonnie2bad i am in the proccess of a claim 3 weeks into the allocation questionnaire and they have offered 30ish% now then i am also going for default removal if they eventualy offer the full amount should i refuse it untill the default is uplifted and should i accept the 30% as part payment or not

thanks very much for your help

[Glenn UK]

FWIW CB

 

IMHO you should refuse any offer which seperates the money from the default otherwise you could end up in the same position as J2B.

 

In respect of the offer, I would suggest you write back and say 'thank you, can you confrim that this offer is a part payment against the full claim including default removal.

 

Its unlikley they will reply in the affirmative or at all.

 

JMHO

 

Glenn

[countrybake]

thanks for that it is what i thought but just needed to have it seconded

thankyou

[soapygreen2412]

question for jonny! i have eceived acknowledgement of service from court this morn, am i right in thinking this is just a buying of time for halifax? do i have to send my court bundle off yet???? or do i need towait for something else from court first? any answers much appreciated

[countrybake]

that is the norm in about 3 weeks time you will receive halifax's defence allong with an allocation questionnaire from the court

good luck and hold tight you are about two and a half months away from the court bundle stage

[WILKINSS208]

and what is the court bundle stage as i am at the same stage here

[maybelline]

Hi Maybeline,

 

Do you have a thread of your own?

 

Are you making a claim against the bank for unlawful charges?

 

How much is the default?

 

How much are you claiming back in charges?

 

If you are claiming back charges you can let the bank know that the account is in dispute and that processing the Default Notice before the dispute has been resolved will put them in breach of Section 13.6 of the Banking Code and in breach of section 14 of the Data Protection Act.

 

hello kevcam, thanks for your reply, the default is a separate issue not related to my unlawful charges claim against halifax but what you say is still very useful to me. would I be right in thinking the account is in dispute from the time of sending the prelim letter, rather than the Data Protection Act requesy.

 

sorry, yes my thread is maybelline v halifax