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Mrs Monkey vs Halifax PLC


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Hello,

 

I've gleaned loads of information from these sites and after some time...

 

I'm ready to put in my N1's!

 

I have 4 separate ones for 3 bank accounts and 1 Visa but I'm going to use this version below with the individual account details on each. Could someone cast an eye over it per-leeeeaaaasssee!!

 

Also, any tips greatfully appreciated...

 

N1 – Final Version

Cut and paste into N1 pdf and print 3 copies – one for myself, one for the court and one for the defendant. Same for schedule of Charges.

In the - ***** County Court

Claimant – **** of ******. Telephone – ******

Defendant – Halifax PLC, Trinity road, Halifax, West Yorkshire HX1 2RG

Brief Details of the Claim – Claim for the return of unlawfully imposed bank charges and interest

Value – Charges ??? plus 8% interest

Defendants Name and Address – Halifax PLC, Trinity Road, Halifax, West Yorkshire HX1 2RG

Particulars of Claim – 1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any 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.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

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

Signed:

Date:

Statement of Truth - Signed by you.

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Hiya

It looks fine to me, Here is the one I used, if you want to compare them you can.

--------------page one

 

Your name & address

Banks Name & Address

Brief details of claim

The Claimant held a bank account with the Defendant in the past xxxx years. The Defendant deducted from my account various amounts of money in penalty charges. The Claimant contends that these charges were legally unenforceable. and the Claimant is demanding the repayment of this money

Repayment of unenforceable penalty charges: £xxxxx

Interest on the sum due of: £xxxxx

------Page 2

Human Rights – No

Particulars of claim

The Claimant has an account (account number) with the Defendant, opened year xxxx. 2. Since xxxx, 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 £xxxxx; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxxxxp continuing at 8% until judgment or settlement at a daily rate of £x.xxp; 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.

Solicitor – No

Don’t forget to sign & date

Claimant

Your name & address

------------

Where there are xxxxx this is where you put your details

Once you have got this far, you then add the claim amount & interest together

Eg:

125.00

75.00

200.00 x by 0.00022= 0.04p this is your daily rate

Dont forget you Court Fee's

Hope this helps

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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I didnt claim mine back, I wasnt sure at the time, if I could or not.

Im sure someone will let you know if you can claim it back or not.

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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You can claim this back at the court (N1/MCOL) stage - just add it to the list, along with the original total of charges, the aded 8% and the court fee...

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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I've rejigged and added bits for those that are interested as I noticed that the template for the hard copy of the N1 does not include:-

a) S.A.R. £10 fee

b) the fact that the defendant is already aware as they have had a list of the charges applied

c) the supply of goods and services argument

d) daily rate at ?.?? per day

Elsewhere on the site it says the above is essential so I've amended the hard copy as follows...

Particulars of Claim

  • The Claimant has an account ??? with the Defendant which was opened on or around ????.

  • During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

  • A list of the charges applied is attached to these particulars of claim.

  • Defendant is aware of all details as a list of charges has already been supplied.

  • The Claimant contends that:
    a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any 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.
    b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. c) 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.

  • Accordingly the Claimant claims:
    a) the return of the amounts debited in respect of charges in the sum of £??? and any interest charged thereon;
    b) Court costs; c) the return of the Subject Access Request Fee of £10 d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges continuing at 8% until judgment or settlement at a daily rate of £?.??p or at such rate and for such periods as the court deems just.
     

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

 

Signed:

Date:

Statement of Truth - Signed by you

May prove useful to someone else?!! Filing the claim at the local County Court in person tomorrow..

Here we go!!!!;)

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Update...

 

Filed claim today - told that it probably won't get served until after Christmas now. I'll get notification by post.

 

What happens next?

 

Do I hassle them by telephone after it's served - does this help?

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Hiya

 

Just sit back & try to relax, (well try too)

they have 14 days to reply, most say they going to defend to give them another 28 days. they seem to settle up around day 24-27 of these 28 days.

Most courts close later today till 2nd Jan. then it will be full on battle lol.

you will be fine, I never bothered them once it got to court stage, but I have read some people have, but thats mainly due to the banks not getting back to them when it was near the 26/27 day of the claim. (does that make sense?)

Anyway try to stay calm, & keep your thread posted so I can see how your doing.

 

Have a Happy Christmas

&

A Happy Money Back New Year

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Don't want to sound picky - but the 28 days includes the original 14, in other words it's 14 plus 14 days, not an additional 4 weeks.

 

As the claim has been filed with court I won't advise following the route I took(http://www.consumeractiongroup.co.uk/forum/halifax-bank/39442-old-dj-halifax.html), although it may be worth having a word with them?

 

Call the number on your offer letter and ask for the person who sent it, give them the reference number, explain where you are at - and let them do the offering!

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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  • 2 weeks later...

Thought I'd give an update.

 

Had the documents from the court saying that the claim was filed on the the 28th Dec, and sent to the Defendant by first class post, so deemed served on the 30th December.

 

They have 14 days, so they have to reply before the 15th so now it's the waiting game......:cool:

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