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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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the missus v halifax **WON**


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had the standard "sorry you are unhappy ... we will investigate and reply in 4 weeks blah blah.

LBA sent recorded delivery today. Will start money claim 2 weeks today!!

 

also we still have not received the refund of our court fees from Hellifax yet for the action for non compliance of and SAR under the data protection act, so sent back th AQ to the court yesterday. In the additional information i advised the courts taht the infomation had now been provided but now refund had yet been received in respect to costs although hellifax had verbally agreed to this.

 

Will drop and e mail to their banana tonight to point out that AQ has gone back as no refund has been received as per our agreement

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  • 3 weeks later...
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hellifax today offered a payment in full and final settlement of £1995 against the £3866 we are claiming. so off in the post today will go a letter accepting this as partial payment only and requesting the payment of the remaining money plus an additional £400 in charges that they have so kindly taken recently!!!

money claim to be started next week

 

 

oh ... and i will also point out that i reserve the right to claim back future unlawful charges that are taken from us

 

 

up an at em!!!:D

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I dont know why they have to offer stupid amounts, they must know when they see letters from this site that we are going to fight them all the way...!

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  • 3 weeks later...

started moneyclaim today...had to wait till we could get the £120 together. filed moneyclaim online. Slight problem though, type error in the particulars of claim, typed date as 1197 instead of 1997!!!...ooops....

 

i have to write to the ocurt to send them a copy of the schedule of charges, shall i point out the type error..or is there some way i can get it changed..?

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You could always give them a quick ring as it might not of been proccesed yet.

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Hi seaside lady,

good idea...:)

 

so did exactly just gave them a ring but i just got an answer messaeg stating switchboard closed between 10.00 am and 10.30 am,....mmmm:confused: 11.10 and still closed!!

 

any way will try again in a little while. Only thing is i have set up the online claim for my partner and made the payment, but will the courts talk to me as the claim is in her name...guess even if they wont discuss anything i can just advise them of the error.....

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well ...its took me an hour and twenty minutes to get throguh,, after being given 4 different numbers to ring (the hmcs website shows the same number for the magistrates court and the county court, which is wrong!!). They said if i had called before ten then they could have withdrawn the claim and staretd agin, but its now outside the range where they are allowed to do this. The only way i can change this is by filling in the form and paying £35 for it to go before a district judge to approve the change.. so he said it depends how important i think the error is..

 

the error is this, instead of reading "i have an account opened with the defendant bank in 1997" it reads "opened in 1197"...any thoughts on whether i should pay to have this changed?????:-x

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wrote to the halifax to advise them that the court action had been started, claim now £3866 plus £864 interest plus £120 in costs...total £4850. and giving claim ref number to try and gee them along a bit. They have written back and offered £3866.. but ignored the interest and costs...

will be calling them this morning to say £4850 or go to court:-D

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so basically it looks like the offer from halifax was in response to my first rejection letter sent on 2nd April, in which i rejected their offer of £1995 in "full and final settlement" and requested payment of charges in full of £866, and gav ethem until the 5th April to respond otherwise i would start legal action. Well we gav ethem an extra 12 days before starting legal action and they still hadn't responded... so we started MCOl. so sorry halifax, offer came too late!!

 

spoke to sue moon but she was basically giving the take itor leave approach, obviously unaware that leghal proceedings were issued this week... so i have just faxed thos over to her

 

 

 

FTAO Sue Morris,

 

ACCOUNT NUMBER: xxxxxxxxx

Response to settlement offer.

 

Dear Sue

 

Thank you for your letter dated 17/04/07. I respectfully decline your offer of Full and Final settlement

 

Having given the Halifax an extra 12 days from my original deadline to respond before commencing legal proceedings, and with no satisfactory response at that point, legal proceedings were issued on the 17/04/04.

A letter was posted to Sarah Tempest 0n the 17/04/07 advising her of the issue of proceedings and giving full details of the claim.

The legal action against you (claim number 7QZ52934) is for the full amount (£3866) plus interest (£864) and costs (£120), total £4850, and I would ask that you now refer this matter to your legal department for further instruction.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

 

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well ...its took me an hour and twenty minutes to get throguh,, after being given 4 different numbers to ring (the hmcs website shows the same number for the magistrates court and the county court, which is wrong!!). They said if i had called before ten then they could have withdrawn the claim and staretd agin, but its now outside the range where they are allowed to do this. The only way i can change this is by filling in the form and paying £35 for it to go before a district judge to approve the change.. so he said it depends how important i think the error is..

 

the error is this, instead of reading "i have an account opened with the defendant bank in 1997" it reads "opened in 1197"...any thoughts on whether i should pay to have this changed?????:-x

 

 

any advice anyone...should i pay the £35 and change the date that i incorrectly typed???

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received notice of acknolwedgement from hellifax...stating intention to defend.

Hellifax offered a full refund but this came 14 days after the deadline and 2 days after i started MCOL , doesn't it make a mockery of the whole process and show how they abuse the system. They state their intent defend having already offered a full refund albeit too late and we are really arguing over the interest and costs. Tried to discuss this with them on the phone and they wouldn't budge saying take us to court then

 

 

so any body want to advise me if i should change my type o on the date account held from. i intended to put 1997, but typed 1197!!!, i suppose i could argue this is november 97 ha ha!

 

seriously though, i would appreciate some advice.

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  • 2 weeks later...

just to update... i got it wrong, the 28 days are actually not up until thursday of this week, 17th may.

 

we have been checking my partners account in case a payment mysterisouly appears without notofication and possibly not for the ful amoun....and low and behold today they have (heelifax) have paid in £3866 plus £120 in costs...great news you would think except that they have failed to pay the £886 in interest also claimed!! sneaky trick me thinks!!!

 

so im about to send off template letter 6 from jonni 2 bads post in the templates library, accepting it only as partial payment pay the rest ..or take it away...receipt of money my account does not qualify as aceptance etc

i had a feeling they may do something like this:mad:

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so sent a fax to hellifax legal eagles today..rejecting offer (although it wasnt an offer as susch as they just stuck it in the account without any notification) as it was charges and costs only and they had not paid interest....advising them that receipt of the money into account does not consitute acceptance of seettlement..instructing them to remove the money unless they are happy to consider it part payment of the claim, and advising them the claim will continue until the £886 interest is paid..:evil:

 

were not touching the money..although its really hard as ge money giving us seriosi hassle over loan arrears:evil:

 

i have seena couple of other threads where they have employed the same tactic...will have to go and find them and take a look...would be grateful for any advice please:confused:

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Had a letter from jim kerr today, customer relations manager re the payment received yesterday.

 

so the usual...charges in accordance with terms and conditions...which you agreed to accept and by which i am bound.....however will pay up as it is basically cheaper than defending a case which they might not win and if they won would not br awarded costs.... so we have refunded the charges in full £3866 plus the £120 in court costs...

 

no heres the rub..he states that they are not obliged to pay the £886 in iterest as i didnt include it in the summary box... i cant verify this right now as the form is at work. I know it was in the poc but dont know whether it was missed off the summary box...wont be able to check until in the morning.

 

if i did miss this..and as they ahve picked up on it i may well have..does that mean they dont have to pay it even though it is clearly stated in the particulars of claim?? i filed by money claim online:evil:

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Well...checked the pdf i have of my claim form...sure enough although i listed the amount of interest being claimed in the POC i did not add it to the charges in the summary box.... so does that mean they dont have to pay? or can i still pursue them for it....?

 

can i pay the £35 and ammend my claim to add this in the summary box and add on other charges since as well?

 

really need some advice please...

 

i am intending to send a fax today accepting the paymenst made so far as partial payment only and stating that i am still pusrsuing the interest portion of my claim at this point in time...any thoughts???

 

 

ADVICE DESPERATELY NEEDED PLEASE!!!!

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Yes you can amend the claim.

 

You will need the N244 form, and like you say, it will cost £35 which is non refundable, but you can add other charges aswell.

 

This should be the page you need, if not your local count court can provide you with it.

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=484

 

But you can double check with the court to what you can add on.

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thanks for the advice SSL, cant believe i missed it off!!!! Juggling too many balls and thats what happens.

ill take a look at the link yoy gave me, and will fill in N244 form adding in the interest into the summarty box. i think my other half has been hit with approximately a further £120 in charges so will add these on too.

 

is there any point in the process past which point the claim cannot be ammended? This thursday was teh deadline for hailfax to file defence etc so will i need to do it before then ?

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Im not sure about a cut of date, but obviously the sooner the better, and im sure if there are any problems, the court will let you know.

 

If the dont put in the defense by thursday then you should have a read of this...

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13)

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Hi sea-sidelady,

thanks again for posting. I have taken a look through the form, but to be honest i am not 100% sure eaxctly what to put in th eform. cant find any kind of guidance in the library, do you know hwre i might find some guidance?

 

sorry to be a pain!!

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Not a pain...:D

 

Which form are you having a problem with?

HOW TO...DUMMIES GUIDE TO CAG...Read here

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F&Q's... Read here

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Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

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THE n244 form.... bearing in mind i am looking to correct an error in the original claim form where i listed the charges and interest in the POC section, but in the summary box only listed the charges so the total amount claimed doesnt include the interest. so i want to change the figure in the summary box to include the interest, and might as well alos add on charges incurred since..

 

so, the box in the top left hand corner asks whether you wish the application to be dealt with a hearing, without a hearing or witha telephone conference, not sure which to identify...

 

part A q2,...state clearly what order you are seeking, so would i state here to ammend total amount claimed to include interest not carried across from POC into summary box, and charges levied since start of claim?

 

part q3.... because.... ?

 

part b...would i tick evidence in part c in support of my application or my statement of case

 

part c would i include a new schedul of charges and copy of the original claim form?

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If you are claiming through N1, i would be tempted to take it into the court and they will help you fill it correctly. And yes make sure you have updated spread sheets.

HOW TO...DUMMIES GUIDE TO CAG...Read here

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F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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I havnt actually done one of these forms, so i would hate to advise you wrong.

 

Hold on im going to find some one who will know.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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