Peterbeale VS Halifax-- settled in full

[peterbeale]

Hi,

 

Help needed, i still can't hget my head round this money claim thing. i have no idea what to write, apart from what is on the library the bit about hard copy of particulars. i'm a bit stumped.

 

Please can someone help. (copy of their claim, or assistance with mine)

 

Thanks

[sean frampton]

Hello Pete.

 

With regard to filling in Moneyclaim(MCOL) this is what i wrote and it fits perfectly.

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions.t am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on these charges.The banks charges are a disproportionate penalty and therefore unenforcable as they are contrary to common Iaw.Further,as a disproportionate penalty they are invalid under the Unfair(Contracts) Terms Act 1977 s.4and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2(1)(e).In the event that the charges are not a penalty then they are unreasonable within the Supply of Goods and Services Act 1982 s.15.1 have asked the bank to justify charges they have declined to do so.£2141 is the amount owed. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {31/01/2000} to {26/04/2006} of £549.59.There are 49 charges.A breakdown is available.

I couldnt scan it in in the same format as MCOL because i dont know how to.

I had to keep adjusting it so that it was only 24 lines long as requested on MCOL(it doesnt look like 24 now but will on form) and this also took me under the amount of characters they ask for of 1080

 

Hope this is some help

 

Sean

[peterbeale]

Hi All,

 

Just an update.

 

I have a slight problem, the deadline for the LBA was the 6th May, i now have had charges on my credit card taken out, and now i don't have the money to enter my money claim, how long could i leave it? or would halifax get suspicious, thinking i have given up?

 

It's a pain in the backside.

 

------------------------------

 

Halifax Current Acc - £2558

08/04/2006 - Prelim Letter Sent

22/04/2006 - LBA Sent

28/04/2006 - Gesture of goodwill £531

06/05/2006 - Deadline before court action

 

Nationwide Flex Acc - £634

27/04/2006 - Prelim Letter Sent

 

Halifac Credit Card - £345

28/04/2006 - Prelim Letter Sent

[cariad]

No problem there at all Peter. The 6th May was just a deadline you set. If they have more time to pay then they can't moan when you do issue in a few days/couple of weeks time.

[peterbeale]

Thanks for that

 

---------------------------

Halifax Current Acc - £2558

08/04/2006 - Prelim Letter Sent

22/04/2006 - LBA Sent

28/04/2006 - Gesture of goodwill £531

06/05/2006 - Deadline before court action

 

Nationwide Flex Acc - £654

27/04/2006 - Prelim Letter Sent

 

Halifac Credit Card - £345

28/04/2006 - Prelim Letter Sent

[blasthebank]

Hi Pete,

not sure if this will work, but those on benefits show a copy of this to the court and they pay the cost, their is also a low income form you can fill out if your income is £15,050 gross per year, if you show the court also that the cost of the court fee would endure hardship you can apply for a fee exemption/or remission. Ask your court for an EX160A form.

This could possibly be another way of helping us all on this forum. Give it a shot Pete, it gets you to fill in out goings and income, if your case looks favourable even better. After all it is only a mug that backs a loser. And i know my local court aren't Mugs.

Good luck anyway

[mechs]

Thanks Blast I am on a low income and am under a strain finacially so if Ineed to take mine to court I will try to get help

[blasthebank]

Glad to be of help, i always read the small print now, Most small print normally contradicts itself in one way or another so scan over, you might find that vital point.

Sounds to me like you will get some help with costs if not all of it, any way it will be the Halifax GIVING that little XTRA help in other words they will end up footing the bill for costs, they can easily afford it on their profit margin.

[peterbeale]

Only another update

 

Sent LBA for my nationwide account and my credit card, after receiving letters from both saying, blah blah blah yes you agreed and signed the original agreement about charges blah blah blah. we are unable to give you a refund of these charges, blah blah blah.

 

so i ignored these and just fired off the LBA letters

 

Also, when i file my claim, how would i get the banks to remove the defaults that were caused by these charges?

 

Thanks

 

 

Halifax Current Acc - £2558

08/04/2006 - Prelim Letter Sent

22/04/2006 - LBA Sent

28/04/2006 - Gesture of goodwill £531

06/05/2006 - Deadline before court action

19/05/2006 - !! Payday !! - Court action begins!!!

 

Nationwide Flex Acc - £654

27/04/2006 - Prelim Letter Sent

13/05/2006 - LBA Sent

 

Halifac Credit Card - £345

28/04/2006 - Prelim Letter Sent

13/05/2006 - LBA Sent

[peterbeale]

Hi Everyone,

 

Have submitted my claim today, claim ref: 6QZ33308

 

Just waiting for that cheque to drop on my doorstep now.

 

 

 

Halifax Current Acc - £2553

08/04/2006 - Prelim Letter Sent

22/04/2006 - LBA Sent

28/04/2006 - Gesture of goodwill £531

06/05/2006 - Deadline before court action

19/05/2006 - !! Payday !! - Court action begins!!!

23/05/2006 - Claim Submitted for £2925.44

 

Nationwide Flex Acc - £654

27/04/2006 - Prelim Letter Sent

13/05/2006 - LBA Sent

 

Halifac Credit Card - £345

28/04/2006 - Prelim Letter Sent

13/05/2006 - LBA Sent

[peterbeale]

Hi Everyone,

 

Can anyone help me with the Halifax credit card, i have sent away the prelim letter, received a reply basically saying no way, to refunding you. Sent LBA after 14 days, yesterday received what looked like exactly the same letter as the last one, but a different signature?

 

Can i still go ahead with the court? When the 14 days are up

 

Help Me, Please

 

Thanks

[colour-me-happy]

Hi Everyone,

 

Can anyone help me with the Halifax credit card, i have sent away the prelim letter, received a reply basically saying no way, to refunding you. Sent LBA after 14 days, yesterday received what looked like exactly the same letter as the last one, but a different signature?

 

Can i still go ahead with the court? When the 14 days are up

 

Help Me, Please

 

Thanks

 

Yes you can go ahead with the court claim, you can do that now, you don't need to wait the 14 days if they have refused point blank to give a refund.

[EKELSEY]

Halifax Visa sent me same stuff. Basically one letter saying OFT could be ignored till 31st, go to ombusman if unhappy. Well I am unhappy but going to court instead (may even look into EX160A form that blasthebank suggested!)

 

Good luck

[peterbeale]

Hi All,

 

Just checked my halifax creditcard online, they have reduced my credit limit, even though i had paid a very large sum of it off. i phoned card services this lunchtime and they are telling me its because of another account i have with the halifax (my current account i have filed on money claim), its because it is over its overdraft limit, because of all the unlawful charges.

 

They say they have sent me a letter notifying me of this, and i should get it in a couple of days.

 

Can they do this before i have even received the letter?

 

Help.

[peterbeale]

Morning everyone,

 

Have just received letter from halifax this morning saying they whave increased my offer to £946, but it's too late, it has already been submitted to court.

 

Also on the letter it says " Thank you for your letter dated 29th May" and " in an attempt to reach an amicable solution to your complaint"

 

I don't think £946 out of £2925 is a very amicable solution, do you!

 

So i have responded this morning saying "unfortuntely it has now been issued to court proceedings, i will be claiming the full amount of £2925.44, which includes the 8% interest and my £120 court costs.

 

if they wish me to drop the court case against them, i require them to pay the full amount plus costs to the approriate bank account."

 

Thats also after i had given halifax an extra 2 weeks to reply, so original date for court proceedings would have been the 6th May.

 

Hopefuly i have caught the postman, before the 12 o clock pickup

 

Halifax Current Acc - £2553

08/04/2006 - Prelim Letter Sent

22/04/2006 - LBA Sent

28/04/2006 - Gesture of goodwill £531

06/05/2006 - Deadline before court action

19/05/2006 - !! Payday !! - Court action begins!!!

23/05/2006 - Claim Submitted for £2925.44

27/05/2006 - Increased offer to £946

27/05/2006 - Response sent

[peterbeale]

Just An Update

 

 

Checked MCOL this lunchtime, and Halifax have Acknowledged my claim 26/05/2006, just waiting to see what reply i get from that.

 

Managed to beat the postman, this lunchtime replying to halifax last letter.

 

Should push things along nicely.

 

Thanks

[mrflib]

I am, to the day, in exactly the same position as you with halifax. Race to the finish? Good luck!

[peterbeale]

Howdy all,

 

Received acknowledgement this morning, stating they intend to defend the full amount,

 

checked bank account this afternoon, two cash deposits that suspiciously add up to the amount i have claimed for.

 

Will wait for automated letter from halifax saying it will cost them too much to take it to court, and they have paid in full, but will move money to another account first.

 

 

Halifax Current Acc - £2553

08/04/2006 - Prelim Letter Sent

22/04/2006 - LBA Sent

28/04/2006 - Gesture of goodwill £531

06/05/2006 - Deadline before court action

19/05/2006 - !! Payday !! - Court action begins!!!

23/05/2006 - Claim Submitted for £2925.44

26/05/2006 - Claim Acknowledged - Stated they intend to defend

01/06/2006 - Settled in FULL

 

Nationwide Flex Acc - £654

27/04/2006 - Prelim Letter Sent

13/05/2006 - LBA Sent

 

Halifac Credit Card - £345

28/04/2006 - Prelim Letter Sent

13/05/2006 - LBA Sent

[chipsandsausages]

Well done you!

 

Knew you could do it!!!

 

Sorry not to congratulate you earlier, we bought a caravan with our refund (lol!) and went away in it!!!!!

 

Big congratulatory hug from me anyway.

 

x

[peterbeale]

Hi All,

 

Now that halifax have basically admitted by paying the full amount, what do i do now, do i have to notify the court about the payment, or do i wait for halifax to do this, as they have said they have done so.

 

Thanks

[mechs]

Cribbed from a Spiceskull post:

 

Notify the court that the claim has been settled

Complete the survey

mechs

[millymolly]

Well done!

 

Have they mentioned closing your account?

[peterbeale]

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