HelFl v Halifax

[HelFl]

now I'm confused! sent letter to Halifax rejecting their offer of settlement. They have now replied stating that they don't agree with OFT and that I am not entitled to anything. I am now completing my MCOL and am getting a bit confused with the figures that I need to include in the total that I am requesting. Initially I thought that I would just use the charges and overdraft interest but now I wonder whether I should also include the 8% interest too, as I am claiming that and have quoted a figure. I have also quoted a daily rate figure because I have to draw the line somewhere!!! The MCOL automatically adds the court charge and gives me a total figure which is why I think I should maybe add the 8%. If anyone can make sense of what I have written can they help please!!!!

 

Helen

[Angi]

Hiya

 

you add the 8% at court stage or mcol

 

The Sum demanded by the Claimant comprises of:

Repayment of unenforceable penalty charges £xxx.xx

Interest on the sum due of £xxx.xx

Court Fee(whatever the fee is)

total charges & interest together to find your daily rate, what the court allows.

hope this helps,

[HelFl]

thank you Angi

 

I've done my claim - but not submitted it yet. Could someone have a quick look over it to check it's right - don't want to fail at this stage!!!!

 

1. The Claimant has two accounts xxxxxxx

opened xxxxx 2001, and xxxxxxx, opened xxxxxxx

2005. 2. Since xxxxxxx 2001 and xxxxxxxx

2005 respectively 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 Defendant's 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 xxxxxxx; (b) Interest

per S.69 County Courts Act 1984 of 8% -

£xxxxxxxx continuing at 8% until judgment or

settlement at a daily rate of £xxxx; 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

[HelFl]

Have just filed the claim with MCOL - now I just sit and wait?!!!

[HelFl]

Am I meant to send the courts a list of my charges?

[livelylad]

Am I meant to send the courts a list of my charges?

 

Yes use this.

 

Send 2 copies, 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 Faithfully

[HelFl]

I've just had the letter back from the court saying that the claim was sent 11th Dec and will be deemed to be served 16th Dec. Halifax have until 30th Dec to reply

Just gotta sit it out over christmas now I guess!!!!

[HelFl]

Had the court papers back just before christmas to let me know that Halifax were going to defend the claim. Had to sit it out for 28 days - or so I thought!!

 

Just after christmas I received a letter form Halifax with an offer! Not quite all - but the majority! Got all the charges and interest, court chatges and some of the 8% charges back - probably not how they looked at it - but that is how I made my decision!! I have accepted - and class that as a WIN!!!

 

Money was in my account the day after I faxed acceptance!!!

 

Thanks to everyone - donation on it's way!!

 

HAPPY NEW YEAR!!!!!

 

Please move this thread to a WIN!!!! :)