Watch out Halifax, here I come

[Michael Browne]

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

[pennypenny]

Thank you for your quick reply, I think I am all set now and ready to go!!

I'm at work tomorrow so I'm trying to get everything sorted out today.

[pennypenny]

I know it sounds like a silly question but where it says "organisation's name" do I put Halifax PLC or HBOS, what is their correct title:confused: . Sorry I'm not usually this thick but I don't want to get anything wrong. Also where do I add the bit saying I want my £120 court cost and £10 S.A.R fee back:confused:

[Michael Browne]

From Companies House website:

Name & Registered Office:

HALIFAX PLC

TRINITY ROAD

HALIFAX

WEST YORKSHIRE

HX1 2RG

[pennypenny]

Thanks again:)

I'm just filling in my details into Claimants details on the moneyclaim site, what does it mean where it says "service address for sending documents and payments" and what does "reference details" mean? It won't let me proceed without filling these in. The account is in joint names so do I have to put both names, I put both names on my prelim and LBA.

[Michael Browne]

The service address is only filled in if you don't want documents sent to your own address.

 

Ref details? Is this on the firts page or so? If so just put brief description eg Halifax. Otherwise don't know.

 

1 name.

[pennypenny]

Thank you soooo much for bearing with me and answering my questions:D

I do want documents sending to my address but it wont let me go to the next page without filling this in so I think I will just put same address again. This is all on the first page, I'm gonna have problems if I can't get past this stage:rolleyes:

[Michael Browne]

Look at the top of the page it will tell you what is stopping you continue.

[pennypenny]

It says the service address is not filled in but I've just put my address again and it let me move on, I didn't need a reference so I didn't put one, I hope thats ok. I'm not sending it till tomorrow I'm just trying to fill in as much as I can and then save it cos I'm at work tomorrow.

[Thora Trumpet]

Good luck Penny - I've had a great deal of trouble from HBOS since 2002 - they really are the worst bank going - hope you get all your money back!

[pennypenny]

Thanks Thora, I really hope I get my money too. I think it's getting a bit too close to christmas to get it for then but fingers crossed:)

[pennypenny]

Right, I've nearly finished my mcol, can anyone tell me if this looks o.k.

 

1.The Claimant has an account ******** with

the Defendant,opened 1987. 2.Since 01/02/00

the Defendant debited charges and interest

in respect of purported breaches of

contract. 3.Defendant is aware of all

details as a list of charges has already

been supplied. Another copy will be sent.

4.Claimant contends:(a)The charges exceed

the Defendants losses caused by the

breaches;(b)The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair

Contract Terms Act 1977 and at Common Law.

5.Claimant claims:(a)return of the amounts

debited of £2659.00;(b)Interest per S.69

County Courts Act 1984 of 8%- £430.23

continuing at 8% until judgement or

settlement at a daily rate of 0.58;

6.Alternatively, if the charges are a fee

for a service, then they must be reasonable

under S.15 of the Supply of Goods and

Services Act 1982. 7.Costs allowed by the

Court plus £10 Subject Access Request fee.

 

Is that where I put the bit about the £10 S.A.R. fee at the bottom of my P.O.C. and then do I just add it to the bit where it says amount claimed? so I will put £2659.00 + £430.23 interest +£10 S.A.R. fee which = £3099.23.

Also do I answer yes or no to the two questions underneath which are:

Does or will your claim include any issues under the Human Rights Act 1998?

Do you want to reserve the right to claim interest?

 

Sorry but I'm no good with things like this and I want to get it right.

And hopefully one last thing , I know I have to send two copies of the schedule of charges to the court(do I find their address on the mcol site?) and one to the banks solicitors(where do I find their address?) do I not send one to the halifax at this stage or does the court send them one?

Sorry for all the questions, I'll be glad when this is all over it is sooo stressful.

[pennypenny]

Just ignore the yellow faces on my P.O.C in above thread, they don't show up on the MCOL site:rolleyes: ..

Can anyone help with the above questions, I really don't want to send it till I know i've done it right. My main worry is the two questions after the P.O.C. .

[Michael Browne]

POC's look fine, No to Human Rights, yes to interest

 

And hopefully one last thing , I know I have to send two copies of the schedule of charges to the court(do I find their address on the mcol site?) and one to the banks solicitors(where do I find their address?) do I not send one to the halifax at this stage or does the court send them one?

 

 

See post#26 above Mcol as soon as you file, bank solicitors when you get Notice of Acknowledgement.

[pennypenny]

Thank you soooo much, I'll get that sorted straight away, thanks again for all your help:)

[TUTTSI]

Good Luck Penny,

Halifax have till 10th December - then it is a MCOL for them.

Let me know what happens next.

DS

[pennypenny]

Goodluck to you too DS, I'll keep you all updated, hope it's not long now;)

[TUTTSI]

Thanks Penny

[pennypenny]

Quick update.... just received Notice of Issue from the courts. My claim will be deemed served on 4th Dec and they have until 18th Dec to reply. Oooohhh it's getting exciting, I really hope I don't have to go to court.

[TUTTSI]

Hi Penny

Really exciting now! lets hope they settle very soon,

DS

[pennypenny]

Me too, I can't stand all the waiting:D

[Thora Trumpet]

Quick update.... just received Notice of Issue from the courts. My claim will be deemed served on 4th Dec and they have until 18th Dec to reply. Oooohhh it's getting exciting, I really hope I don't have to go to court.

 

I don't think I'd mind that - I hate Halifax so much it would be a pleasure!

[pennypenny]

I can't believe it!!!!!!! I'e just logged onto my online bank account and the Halifax have payed up!!!!

 

I won !!!!!!

I only filed MCOL on 27th December and they hadn't even acknowledged it yet. What a suprise. I didn't expect that so soon.

 

How do I move my thread to successes?

 

Well I'm off to fill in the survey and set up paypal to donate and then I'm going to have a few drinks!!!!

 

Thanks everyone for all your help. Its given me the confidence to go after my other bank account and credit cards.

[Michael Browne]

Excellent!!

 

Cheers for the donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Congratulations. Enjoy the dosh!!!

 

How do I move my thread to successes?

 

PM a Mod

[bigmama59]

CONGRATULATIONS!!

Have a happy christmas and enjoy your win!!