Wilkins vs Halifax ***WON***

[WILKINSS208]

ok thank you

dreading hearing! hope it doesnt get to that but think it will

[Guest bong]

nah, it won't, don't worry

[WILKINSS208]

but with some people it has. surely if they were going to pay they would of by now. i think they will take to court

[Guest bong]

best be prepared anyway

[ncf355]

but with some people it has. surely if they were going to pay they would of by now. i think they will take to court

 

 

Dont fret it my friend, CitiBank took it to the wire with my wife then caved at the last minute

 

You'll be fine

 

[WILKINSS208]

Dont fret it my friend, CitiBank took it to the wire with my wife then caved at the last minute

 

You'll be fine

 

 

 

yes but were you claiming back to 1990?? I am...they have paid me for the last 6 years but defending the rest:mad:

[ncf355]

yes but were you claiming back to 1990?? I am...they have paid me for the last 6 years but defending the rest:mad:

 

No, mine did not go back that far, but on the strength of what I have seen on the site I am going to start several new claims going back as far as 1988.

 

From what I have seen (and you are aware of) even the Halifax have paid up

 

Also note that the banks do read these threads and if they link your posts with your claim they will of course push it to the wire just to try and scare you off

 

You have many 1,000's of people behind you here, dont let them get to you - you have the law on your side

 

[WILKINSS208]

thank you

its nice to have encouragement - i am scared but i will not give in. i have found a buddy in my area who is going to help should it go to court. i would even consider a solicitor

[WILKINSS208]

well still no word from court yet......i await there reply with interest.

[WILKINSS208]

HI

I received a letter yesterday from court stating the hearing was on 22 march at 10am. I knew it!

It asks me to do a few things, please read through and give me some ideas what they want as my mind has gone blank now:

 

1. The parties must file at court and serve on the other party not later than 14 days before the hearing the following:

 

a) copies of all documents upon which they wish to rely

b) statements of all witnesses, including the parties upon whose evidence you wish to rely. the statements shall be typed, dated and signed by the witness and state that he/she believes that the facts stated int he witness statement are true

 

2. all original documents must be brought to the hearing

 

3. parties should note that if they do not file and serve docuemnts and statements as set out above, the court may decide not to admit the evidence of the party in default

 

 

HELP PLEASE????

[kazzaw]

Don't worry this is standard procedure!!

 

You need to take a deep breath, make sure you've got plenty of paper & ink for your printer & read this:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

I've just been through the process of preparing the "Court bundle" for my claim against Egg. Once you get started it gets easier!!

 

Egg have paid up before anyone had the chance to see my lovingly prepared "bundle" but never mind!!

 

Any problems post them on your thread & someone will help.

 

You've got plenty of time but the sooner you get it done then Halifax will know you're serious!!

 

K

[WILKINSS208]

but did you claim more than 6 years for your claims?

[WILKINSS208]

Don't worry this is standard procedure!!

 

You need to take a deep breath, make sure you've got plenty of paper & ink for your printer & read this:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

I've just been through the process of preparing the "Court bundle" for my claim against Egg. Once you get started it gets easier!!

 

Egg have paid up before anyone had the chance to see my lovingly prepared "bundle" but never mind!!

 

Any problems post them on your thread & someone will help.

 

You've got plenty of time but the sooner you get it done then Halifax will know you're serious!!

 

K

 

 

i have just tried to download the court bundle, but made my pc go mad and would not open or save. can anyone email it to me please?

[tunecookie]

Hope that was helpful!

[jonni2bad]

... can anyone email it to me please?

 

Send me your email address via a PM and I will email it to you

[WILKINSS208]

Send me your email address via a PM and I will email it to you

 

 

thank you i have received a copy. now just got to work out what to do now! LOL

 

Can anyone help me, for court?

[jonni2bad]

What do you need help with, precisely?

[WILKINSS208]

My hearing is on 22 MArch and I would like tips and help with putting my package together for court. I havent done this before so need to be up on it!

[WILKINSS208]

If i didnt attend would it still go ahead or would it be adjourned? says i can not attend, but must tell the court before 7 days of hearing

[TideTurner]

It will still go ahead as you have to put good reason as to why it couldn't eg. health grounds, non conformance by the other side for requested information, or as directed by the court.

 

If you don't appear they will carry on regardless in your absence.

 

1. The Judge will not look on your absence lightly (as they don't look on the defendants absence lightly - who'll say they'll turn up)?

 

2. They are more likely to put forward an argument if they know there is noboby in the other corner.

 

3. You won't be there to defend any such argument.

 

Why do you want an adjournment? Are you not ready or worried? Have you tried the Court Buddies on this site?

[libby1711]

Hi Wilkins

I am just a little bit behind you i have just received my allocation questionaire and i am scared still - my problem is, is that i claimed for part of my claim first as at the time i could not afford the £10 for my statements as i have an online account i already had statements for the last like 15 months well at the time - anyway after i managed to get back the money i claimed for. I then sent off the first letter for the past six years minus the 15 months i already got back - but what they said was "we have already made a payment and they took off the money they had already gave me off the money i was asking for if you see what i mean (hope this makes sense) so i am worried about going to court but i am pretty sure that i am right.

I wish you the best off luck and please keep in touch to let us know how you get on.

Libby

XX

[Guest bong]

this was my witness statement if it helps - you would need to add in extra info about the limitation act

 

In the EDMONTON County Court

Claim Number 6QZ63036

 

 

 

 

xxxxxxxxxxxxxxxxxx

Claimant

 

 

and

 

 

Barclays Bank Plc Trading As Barclaycard

Defendant

 

 

 

 

WITNESS STATEMENT

 

 

Of xxxxxxxxxxxxx - Claimant

 

 

 

I, xxxxxxxxxxxxxx, of xx xxxxx Road, xxxxxx, xxxxxxx xxx xxx, will say as follows: -

 

• I am the claimant in this case.
  
• I make this witness statement in accordance with the directions given by the court dated 20 November 2006.
  
• I make this witness statement from information and facts within my own knowledge and which I believe to be true.
  
• My claim is in respect of charges debited to my credit card account by the defendant, the account provider, between August 2004 and September 2006, in respect of late payments and exceeding the account credit limit (breaches of the account terms) and also interest debited to the account in respect of the charges applied.
  
• A list of the said charges and interest applied to the account is attached to this witness statement.
  
• On 29 August 2006 I wrote to the defendant requesting a refund of the said charges (£212) and interest charged thereon (£143.53), as I understood the charges to be unlawful. The total refund requested was £355.53. A schedule of the individual charges and interest applied thereon was enclosed with the letter.
  
• On 1 September 2006 the defendant replied stating that they would aim to deal with my letter by 27 September 2006.
  
• On 6 September 2006 the defendant wrote again offering to refund £80 to my account, in respect of the charges, as a gesture of goodwill and without any admission of liability.
  
• On 6 September 2006 the defendant credited £80 to my account.
  
• On 7 September 2006 I wrote to the defendant declining their offer of settlement and requesting for a second time that they refund all charges, and interest on the charges, totalling £355.53. I also stated that I would accept the £80 offered in part settlement and on the understanding that I would pursue recovery of the remainder with a county court claim if necessary.
  
• On 9 September 2006 the defendant replied stating that they would not consider my request for any further refund.
  
• On 12 September 2006 I filed a claim in the Northampton County Court (Money Claim Online – “MCOL”) against the defendant for the return of excessive penalty charges and interest thereon, as outlined in my particulars of claim.
  
• On 13 September 2006 my claim was issued by MCOL and deemed served on 18 September 2006.
  
• On 2 October 2006 the defendant filed an acknowledgement of service of the claim, giving the defendant until 16 October 2006 to file a defence.
  
• On the evening of 16 October 2006 the defendant had not entered a defence and I requested judgement by default via MCOL.
  
• On 17 October 2006 MCOL accepted the late filing of a defence to the claim by the defendant, rejected my request for judgement and transferred the claim to Edmonton County Court.
  
• On 23 October 2006 I sent another itemised schedule in support of my claim to the defendant’s solicitors.
  
• On 1 November 2006 I filed my allocation questionnaire with Edmonton County Court.
  
• On 20 November 2006 the court allocated the case to the Small Claims Track and gave directions to the parties for the filing of documents prior to the hearing on 17 January 2007.
  
• On 27 November 2006 I wrote to the defendant’s solicitors asking if they had any intention of settling the claim out of court, and giving them one last opportunity to do so before 10 December 2006, after which date I would be preparing my court bundle of documents, in order to have it ready before a Christmas holiday with my children commencing on 20 December. They have not replied to this letter.
  
• The claimant understands from the defendant’s statement of case that the defendant contends that the charges were debited in accordance with the terms of the contract between itself and the claimant.
  
• The claimant contends that: -

i. The charges debited to the account are punitive in nature; are not a genuine pre-estimate of costs incurred by the defendant; exceed any alleged loss to the defendant in respect of the breaches of contract on the part of the claimant and are not intended to represent or related to any alleged actual loss but instead unduly enrich the defendant which exercises the contractual term in respect of such charges with a view to profit.

ii. The contractual provision that permits the defendant to levy such charges is unenforceable by virtue of The Unfair Terms in Consumer Contracts Regulations 1999 Paragraph 8 and Schedule 2.1.e., the Unfair Contract Terms Act 1977 s.4, and the common law (Dunlop Pneumatic Tyre Co. Ltd v New Garage and Motor Co Ltd [1915] AC 79.)

iii. Alternatively, the charges are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

• Accordingly the claimant claims:

i. The return of the amounts debited in respect of charges in the sum of £242.33, which includes interest applied on the charges.

ii. Court costs of £30

iii. Interest of £34.77 (from 11/8/2004 to 2/1/2007) under section 69 of the County Courts Act 1984 at the rate of 8% a year, as set out on the attached list of charges, and interest at the same rate up to the date of judgement or settlement at the daily rate of 5p.

 

 

STATEMENT OF TRUTH

 

 

 

I believe the facts stated within this Witness Statement to be true and it comprises two pages and an additional two pages (schedule of charges and schedule of charges showing county court interest calculations).

SIGNED………………………………………………… ……………….……….

xxxxxxxxxxxxxx - Claimant

DATED THIS 2nd day of January 2007

[Guest bong]

you would obviously need to change the bit about what the defence claims

[WILKINSS208]

that is excellent,thank you. it will help me a great deal. i have started my court bundle and copied all statements etc.

i have tried to find a court buddy, but no one has replied to me. looks like i am alone.

a friend of mine told me to contact my house insurance as you get free legal help with with cases and they may be able to help me in court - worth a go! they used theirs for an easyjet claim.

[Guest bong]

wilkins try a post in general section asking for a court buddy