MarkF v Halifax ***WON***

[Markf]

[Markf]

The 8% that I am claiming is not the same as the overdraft interest. Is it? As I did not claim overdraft interest my total is £1766. Meaning that my daily rate is 1766 x 0.00022 = 0.38???

 

Thanks

 

5. Claimant claims: (a) return of the amounts debited of £1,766; (b) Interest per S.69 County Courts Act 1984 of 8% - £196.12 continuing at 8% until judgment or settlement at a daily rate of £0.38;

[bearo]

The daily rate is calculated by adding together your total charges + 8% and then multiplying thats figure by 0.00022%......so it's 196 added to 1766 and then x 0.00022......make sence?

[bearo]

8% is not overdraft interest to answer your question it is the s69 interest that you are entitled to claim at court stage, ensure as Michael has kindly given you the text that you include this in your POC ....

[Markf]

Hi Shaz,

 

Yeah, Makes sence. Here is my final version of POC. I will submit it tonight.

 

0.43 per day. Should make a few more ££ .

Thanks you. You have both been very helpfull

 

 

1. The Claimant has an account acc no with the Defendant, opened 12/10/2003

2. Since 08/03/2004 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 been supplied twice, 24/09/2006 and 16/10/2006. 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 £1,766; (b) Interest per S.69 County Courts Act 1984 of 8% - £196.12 continuing at 8% until judgment or settlement at a daily rate of £0.43;

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.

[Markf]

Hi all,

 

Subitted my claim for the Halifax and it has been accepted:) .

 

1. I notice now there is a Start Judgement option on my claim. Is this something I need to do or is it for after the 14 days?

2. I have just seen a thread about joint accounts. My claim is only in my name. Will this cause any problems? If so can it be changed to include my wife?

 

Thanks

[Number6]

Hi all,

 

Subitted my claim for the Halifax and it has been accepted:) .

 

1. I notice now there is a Start Judgement option on my claim. Is this something I need to do or is it for after the 14 days?

2. I have just seen a thread about joint accounts. My claim is only in my name. Will this cause any problems? If so can it be changed to include my wife?

 

Thanks

 

1. Ignore this. The links will be inactive until you reach the stage where you can use them which, as you rightly say is after the 14 / 28 days if the bank either doesn't reply or admits your claim.

 

2. Possibly. The bank may try and insist that action on a joint account is taken in joint names. You can amend your claim if you wish but it will cost you £35. IMO I would leave it unless the bank kicks up a fuss about it.

 

Pete

[Markf]

Thanks Pete

[Michael Browne]

2. I have just seen a thread about joint accounts. My claim is only in my name. Will this cause any problems? If so can it be changed to include my wife?

 

If the bank raise s anobjection refer them to CPR 19.6:

 

Representative parties with same interest 19.6 (1)Where more than one person has the same interest in a claim –

(a)the claim may be begun; or

(b)the court may order that the claim be continued,

 

by or against one or more of the persons who have the same interest as representatives of any other persons who have that interest.

[Markf]

Hello,

Couple of questions..

1 ) I was just going to send off details of my schedule of charges to the Halifax's legal department as I have not done it yet to support the claim (it has been sent twice before (PRELIM,LBA)). I raised my MCOL on the 6th Nov and sent two copies off to the court but now obviously my schedule of charges has changed to the one I sent in support of my MCOL because there have been more days since the charge. Does it matter that the version the Halifax get will be different to the two that MCOL received? (I know, should have sent them off at the same time)

 

2) The Halifax Acknowledged on the 13th and they advised they will defend. What happens now?

 

 

Many thanks

[Michael Browne]

Click on the time in your taskbar and reset the date to the date you filed. Open the s/s, which should now be correct and print off. Don't forget to reset the date.

 

If you filed on 6th Nov, it will be deemed served 11th Nov. Acknowledgement by 26th Nov. Defence by 10th Dec

[Markf]

OK thanks.

Is this ok to send to the legal department of the Halifax in support of my MCOL?

Dear Sir/Madam

 

SORT CODE:**-**-**

ACCOUNT NUMBER: ********

ROLE NUMBER:**************

 

 

 

Please find enclosed a schedule of penalty charges, 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 £****. I have enclosed the schedule of charges in support of my county court claim (Claim No: *********).

 

 

 

Yours Faithfully

 

Mr Furlonger

[Michael Browne]

Fine.

[Markf]

Thanks Michael

[Markf]

Hi all,

Just would like to say a big thanks (and I mean a big thanks) to all the people out there that have helped me. Being several thousand in debt and having the bank knocking at the door for £60-£90 per month in charges was really depressing . Especially when I have a wife and two children to support. My wife got a night time job to try and keep them away but her first wage paid off one month charges! So basically worked for nothing:-x

Anyway, for you people out there that are not sure if you should do it. DO IT. You will be nervous, and you will often feel that you are doing the wrong thing. This is purely because they want you to feel like that!

Stick with it:)

As soon as I have paid off my debt I will donate as much as I can afford.

Thanks again

Mark

[jonni2bad]

CONGRATULATIONS

 

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