Wil Vs. the world! (or Halifax at least....best to start small!)

[Guest bong]

Sure.....

 

c) The Claimant further claims contractual interest at an annual rate of 29.8%, compounded daily, from the date of each transaction to 15 December 2006, which is £1,111.84, as set out in the attached list of charges. The Claimant further claims interest, compounded, at the same rate up to the date of judgement or earlier payment.

 

9. The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. The Claimant holds that this applies to unauthorised drawings by the Defendant as well as to unauthorised drawings by the Claimant. Should the court deem this incorrect, the Claimant claims the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s unauthorised overdraft interest rate that would be applied under the terms of the above mentioned account.

 

a) Should the court find that this interest rate is not applicable, then in the first alternative the Claimant claims interest at an annual rate of 18.9%, compounded daily from the date of each transaction to 15 December 2006, which is £674.90, as set out in the attached list of charges. The claimant further claims interest, compounded at the same rate up until the day of judgement or earlier payment. This rate is based upon the Defendants own Authorised Borrowing rate.

 

b) Should the court find that this interest rate is not applicable, then in the second alternative the Claimant claims interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from 31/07/2002 to 15/12/2006, which is £267.19 and continuing until payment or the date of judgement at a daily rate of £0.66.

 

I believe that the contents of these particulars of claim are true.

 

I also think the numbering of your paragraphs isn't logical. why have your claim set out at 8 a., b. and c. and then details of the justification for charging contractual interest with your claim for statutory interest at 9? shouldn't it be the first para at 9 tacks on to the end of 8c. and then your new para for authorised rate becomes 8d and the statutory becomes 8e? (JMO).

 

Was also thinking of adding a new paragraPH 7. to the effect of:

 

The Claimant will also be relying on a statement [pertaining to bank charges] from Walter Merricks, chief ombudsman, in Ombudsman News 57, October/November 2006, to show that, [delete this - pertaining to certain charges,] the law on contract variations and penalties demands a reasonable relation between cost and price, and requires those who seek to justify the price to produce evidence of their actual costs.

 

Not sure of exact wording though??

 

yes I agree - stick it in. (oops!)

 

I changed the interest rate in Mindzai's spreaddie to the Auth rate to get my figure from para. 9 a), will need to print 3 copies of each schedule, 8%, authorised, and unauthorised rate though won't I? Will just labelling them as such on top of each be sufficient, or do you think i should refer in PoC to defined appendicies??

 

 

I think you need to number them and refer to the numbers in the poc.

[OCTAF1SH]

Thanks, have made distinction between the two alternatives, added the Ombudsman's statement, and renumbered paragraphs (was a little unsure of the way i did have them myself to be honest!), but left the layout of that section the same, just reclassified.

 

I had a feeling referring to a numbering system for the schedules would be better, best to dot the 'i's and cross the 't's now, than to have it all delayed unnecessarily.

 

cheers bong, and i must bid you goodnight i think! see you soon karate kid!

 

wil.x

[Guest bong]

c u later alligator

[Bigmac versus]

Hi wildavidson i claimed contractual at 29.5% and have been offered settlement with that rate last week, still to get the money mind you but i made the interest part of the claim, hope this helps.

[OCTAF1SH]

Hi George!

Good stuff!! total settlement i take it, well done to you!

 

How far did they let it go before caving in?

 

always good to hear of success, encouraging to say the least!

 

wil:)

[GaryH]

They will almost certainly defend. I'm claiming contractual interest from them and at the moment they're playing hardball. Heres my thread, it should give you a good idea of what to expect. Feel free to use any of my responces if they become relevant to your case - http://www.consumeractiongroup.co.uk/forum/halifax-bank/42023-garyh-halifax-visa-theyre.html

[GaryH]

Hi wildavidson i claimed contractual at 29.5% and have been offered settlement with that rate last week, still to get the money mind you but i made the interest part of the claim, hope this helps.

 

Well done George. That was against Yorkshire was'nt it?

[OCTAF1SH]

Cheers Gary,

 

Thanks for input, had suspected they would, and am slowly preparing myself for the worst.

 

Filing at the court tomorrow, as it is my day off, so no turning back, from there on in!!

 

Will check out your thread tonight once I'm home, and thanks again in advance for letting me plagiarise your responses, all helping each other, i see no reason for us not to have a damn good chance at succeeding.

 

Wil.

[OCTAF1SH]

Hi guys, filling my N1 out, hopefully for submission today. Quick query for you:

 

My particulars of claim far outstrip the space on the pdf copy of the N1, is it acceptable to start them on this, with a 'particulars of claim continued on attached sheet' type phrase at the bottom, or should i print the entire thing seperately?

 

It may well make no difference, but just wanna make sure i get it right!

[Gruffle Gaw]

I would do the former, just to prevent anyone mistakenly assuming you haven't filled that section in, or write 'see attached sheet' in that box. Make sure you fasten them securely together.

[GaryH]

If you have'nt done it already, attach the whole lot on a seperate sheet/s. Ensure you state the claim details at the top, mark it 'particulars of claim' and include a signed and dated statement of truth at the bottom.

[OCTAF1SH]

Hi all,

Well, i rocked up at the court on Friday, 3.45, only to be told it was too near the end of the day to process my form, so left it with them, and it was processed yesterday. The lady on the phone said it will be deemed as served tomorrow (wed), which gives the 14 days to respond...........And now, we wait!

 

wil.

[OCTAF1SH]

Well, Well, well...

 

4pm yesterday came and went, and i called the court this morning, and no reply from Halifax.

 

Must've been too busy fattening themselves up on the Christmas cured Ham and roast black swan, paid for with ouyr money, to think about litigation!

 

filling in my request for default judgement now......

*********************************************

 

Default judgment request filled out and faxed over this lunchtime. Not too sure how long this will take, but now i guess i wait for the court to let me know what happens next. Hopefully payment in full!!