Libby yet again -v- Halifax(more help needed)

[libby1711]

Is this what i need to write on the AQ

'The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundemental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediently.

 

- The crux upon which this claim rests is the true cost incurred by the Defendent as a result of the contractual breach from which its charges arise. If the Defendent cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendents charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.'

 

Please could someone advise me if i need to also write something to the effect that i by mistake when i re-checked the claim i added an extra £84.33 in error

 

A silly Libby :confused:

 

I only need to hand the the AQ at the moment don't i

Libby

[libby1711]

Well i have just put in my Allocation Questionnaire in at the courts, so i will just have to wait.

Libby

[libby1711]

well not heard nothing yet from the courts or Halifax, but plenty of time i suppose.

Libby

[libby1711]

Well i have rec a letter from the courts - I have a court date for the 26 April at 2.15, i now will have to get all my paperwork together and in order. I hope i don't have to go to court but needs must and i can prove my case but can they justify there charges - i don't think so.

Has anyone else been at this situation and then Halifax just paid them!!!!

Libby

[libby1711]

So i take it either nobody has gotten this far or nobody has gotten this far and won, think i need somebody to let me know if you have gotten this far and won - think that would give me more confidence.

Libby

[sallysas]

Once the Judge allocates a hearing date he will send you and the defendants a letter with directions on. You need to comply with these directions in good time, its unlikely the bank will, if you get yours right it puts you in a stronger position.

 

 

(10)

Extremely unlikely, but the bank may choose to attend court. If this looks likely to happen, come to the forums and post details of events. We will help to guide you through the proceedings. There are some good guides of how to behave in court and prepare for a hearing to in Templates Library.

 

Just lifted this off 'steps'. Have you PM's a mod to let them know you have a court date yet? I think this would be advisable. Not much longer for you hopefully. Sally

[libby1711]

Well everybody court date tomorrow, i hope i have done everything right, if not will find out at two tomorrow - i little bit scared - yesterday Halifax tried to ring me but i kept missing them, so i don't think it is a good sign i think they are going to attend.

 

has anyone got this far and then Halifax did not attend - please let me know.

 

Not a a very good couple of months.

 

Libby

[sallysas]

I've been thinking of you the last few days (without remembering your thread) wondering how you were getting on. Not been where you are now - yet - but surely the fact they have been trying to get hold of you (could it be said fairly desperately) be regarded as a good sign? I will have everything crossed for you as I have an important meeting myself at 2 o'clock.

 

Let us know as soon as you hear something - AND STAY CLOSE TO THE 'PHONE IN THE MORNING SO THEY CAN REACH YOU, Sally:-)

 

Bet they are going to make an offer, so stay cool.

[libby1711]

I've been thinking of you the last few days (without remembering your thread) wondering how you were getting on. Not been where you are now - yet - but surely the fact they have been trying to get hold of you (could it be said fairly desperately) be regarded as a good sign? I will have everything crossed for you as I have an important meeting myself at 2 o'clock.

 

Let us know as soon as you hear something - AND STAY CLOSE TO THE 'PHONE IN THE MORNING SO THEY CAN REACH YOU, Sally:-)

 

Bet they are going to make an offer, so stay cool.

 

Thank you, and good luck with your meeting as well - will keep you informed either way.

Let you know tonight.

Libby :o

[boobyerp]

Good luck for today Libby the courts have just received acknowledgement from Halifax for my second round.

We are all thinking of you...

Paul

[KellyDJ]

Just read your thread. Let me know how you get on

[sallysas]

But I wanted to come home to good news!!!!!!!!!!!! Hear from you later, Sally

[c_allen]

come on libby tell us what happened.

you don't suppose she hit the defendant and got locked up do you???

[libby1711]

come on libby tell us what happened.

you don't suppose she hit the defendant and got locked up do you???

 

Well everybody - here goes, will try and explain what went on all i can first say is that is not something i would like to do again ever in my life (in fact i would have much rather cut my right hand off - well maybe not that bad, but bad not to ever want to do again)

Anyway first thing i want to say is i have no experience of the court room, so i was sitting waiting on the hearing to start and a guy asked me if i was the said person and he introduced himself as Mr Smith acting on behalf of Halifax - well i nearly died, i really thought they would not defend, not sure what happened, it was so fast but anyway he asked me to go in a conference room (maybe i should have said no) anyway i went into the room with him, and there is no way to say this other then just to say it and i did not file the papers in time, but neither did Halifax so i think that is why the judge was nice to me. anyway Mr Smith said that in light of Halifax not having enough time to review the papers he was going to ask the judge for an adjurnment at my cost - i said no way as i am no the one who asked for it and also halifax filed there papers late, i then said i think it would be a good idea if i was to leave the room and wait to be called into the hearing to see the judge.

Our names were then called and we both went in and sat before the judge and said good afternoon sir, he first asked me for any other documents that i had to prove my case and asked me why is it halifax says that they have paid me and i don't, and i mentioned that it states in the statement from halifax does in fact say that they owe me the interest and the 10 pound for the statements, he also added that halifax believe that they have paid me in full, the judge then said that we are not going to get through this in only half an hour, so he said that he could see no alternative but adjurn till a later date (well kind of) Mr smith then asked about the cost and the judge said reserved. Then the judge then said that he thought that halifax and myself should have talkied this through instead of coming to court - at this point i did say to the judge that i had tried on many occasions to talk to them but to no avail, Sir. He then pointed out that he did not want to see us in court unless we had both gone through our figures together and, at this point i thought i was going to be sick or faint. anyway that is as much as i can remember without feeling ill at the moment. that was the end of the hearing. as i walking out with MR SMITH he then said he would file a report with halifax and they would be in touch with me - I am going to wait until middle of next week and then if i have heard nothing i will ring rachel hinchiffe and ask what she says is the outstanding amount, which was not in the report. then i am not sure - wish i had an accountant but can afford one.

anyway my fingers and wrists are sore so i shall speak to you all later - any spelling mistakes sorry.

Libby

[sallysas]

Sorry to hear this. Perhaps you should PM a mod now for some expert advice on what to do to get this resolved. Sally