Progenic V's Halifax

[progenic7]

The deed is done, its taken me nearly five weeks to add/chop/change and ammend my PoC for court, but it is now finished, all 17 pages of it.

i have loosely based the body of text around justwon's PoC, which was clearly written by a barrister who new his stuff, but its taken alot to put it right and add my own personal touches

 

not many days now till i get to file my N1

 

 

muhahahaha

[zootscoot]

17 pages is awfully long for a POC. These are supposed to be a succinct statement of facts relevant to the cause of action. You may risk the claim being struck out for being too lengthy. Legal arguments should not be used in POCs. Are you sure you are not confusing a witness statement for what should be included in a POC?

[progenic7]

Zoot,

 

wow thanks for posting

 

zoot i realise under CPR it clearly says the PoC should be concise, but i would of thought thats relative to the facts is it not.

The poc itself is based on the one written by a barrister in the case of "justwon" another CAG member.

All i have done is ammended it to suit my own needs, now i also realise the defence did attempt (this was cobetts sols) to say it was against CPR and was too lengthy, however the judge clearly didnt think so, and in actual fact the judge struck out the defences, defence for not answering every point on the PoC

so i know what your saying and i know there is risk attached to it being so lengthy, but im going to go with it, simply becasue i have put a fair amount of work into it, and based on what happened to the same defence last time, im not too worried.

 

Johnny

[progenic7]

heres a copy of the LBA i sent a few days back, just to keep you all updated. I tried to keep it fairly short and to the point, though i find it hard when i get going .

anyways here it is, i will keep you all posted of any responses i receive.

 

johnny

 

FINAL LETTER BEFORE COURT ACTION.

Dear Sir/Madame

I make reference to the letter sent to you 1.3.2007 in which I “put my case” to you regarding unlawful account charges and fees. In said letter I gave you fourteen days in which to respond to my request, though unfortunately you have totally ignored this request. In the circumstances even though I feel I have given you ample notice of my intentions, I make a last offer of reasonableness. From my previous letter dated 1.3.07 I asked you not to merely send me a templated letter, clearly just printed off as a standard response to any correspondence you receive, however you did not acknowledge this request. In your standard response your averments, inter alia included your right to take 8 weeks to respond to any letter I send to you. Unfortunately you do not have 8 weeks, in actual fact you only have another 14 days from receipt of this letter to respond.

I will not put the case to you again as I have already done this in great detail, and feel it would only be counter productive at this stage to do so again. However I do enclose a copy of my previous letter for the avoidance of any doubt.

I do however urge you to read and reconsider my letter of 1.3.2007 and at least show the common courtesy to acknowledge such a request.

As you will see and remember from my previous letter I advance that your regime of fee charging on my account is unlawful, unreasonable, and against several statutes. I feel I have stated my reasons very clearly and in great detail, and I stand by my thoughts on the subject. Further I aver that my case is very large in detail due to my extensive research on the subject, I feel I have a very strong case for my averments. Further to that I have researched this subject in so much detail I have noticed that not one single bank has actually defended a bank fee case in court, instead wishing to settle out of court.

I am very open to a settlement out of court, as I am very reasonable and do not wish to waste the courts time. Clearly any averments from yourself that you will defend these claims in court are obviously flawed by the fact you have not done so up to today’s date. I would actually welcome any chance to go to court as I feel this is an issue that needs to be proven in court one way or another, if this is something you would like to pursue then feel free to make your wishes clear, and we will begin.

Accordingly as I stated in my previous letter I now give you one last chance to respond to me, in the hope this can be resolved without further action, time and expense on both sides.

Further to the above I now ask that you respond by return of post with a formal acknowledgment, stating your intentions and notions on this matter.

If after fourteen (14) days from receipt of this letter you still have failed to respond, or respond negatively then I shall commence a county court claim against you pursuant to said fees.

If you force me to begin a civil court action against you, I will be claiming for damages and the court fees due to your unreasonable behaviour.

Therefore I ask you to avail yourself to this offer and show to me that you can be reasonable and more importantly show me your “fees” do actually reflect your actual costs incurred (liquidated damages). I feel this is a very simple request that any average business could and indeed would do in a matter of days.

I will certainly make the assumption that you are concealing your “costs” because you are acting unlawfully if you do not show your actual “costs incurred”, with a breakdown of figures to me. I feel there would be no reasonable reason not to show these costs, and only a guilty, unlawful business would contemplate hiding them.

I calculate that, as at today’s date, you have taken a total of £620 in excessive penalty fees plus £3.07 in interest on these charges. In addition, I also claim Contractual Interest (compounded) under the principle of mutuality and reciprocity in our contract, as a contract terms are binding on both parties. The unauthorised rate of borrowing is 29.84% therefore this rate is added to the above amounts (from date of penalty fee) and the breakdown is shown in the enclosed schedule. I calculate the Contractual Interest element (to 18th March 2007) at £498.69p to date and rising at a rate of £0.45p per day, which Is equal to 0.072% daily compounded.

 

I am also seeking to cover my actual costs incurred in terms of time, postage fees, SAR fee and stationary fee’s ect, as clearly this is only fair.

To clarify my position about these charges I advance the following:

TOTAL Penalty fee + interest = £ 1120.50p

Costs:

Time taken in internet and book research, letter writing, spreadsheet and legal preparation ECT @ £9.25 per hour x 34 hours to date = £ 314.50pp

Postage costs to date £ 8

Stationary costs to date £ 15

SAR Fee £ 10

TOTAL AMOUNT REQUESTED IN SETTLEMENT: £ 1468.00p TO TODAYS DATE ACCRUING INTEREST @ £0.45 PER DAY

I will only accept payment by means of a cheque made payable to me progenic7, any other form of payment will be disregarded and the claim will continue pursuant to the fees incurred. My legal case is already prepared in anticipation that you will only ignore this letter once again, however I make this final plea in the hope that I may be wrong.

I expect a response and indeed payment no later than the close of business on 4.4.07. If I do not receive a response by that date on the 5.4.07 a N1 county court claim form will be presented to Worksop County Court, where I will vehemently be defending my claim of unlawfulness against yourselves.

Yours Faithfully

 

 

progenic

[michmark]

Have you had any response good or bad? have you filed your N1 and PofC? I'm watching avidly.

[progenic7]

Hi Mich

 

and thanks for watching

 

i know this sounds really bad, but i have not had chance to file my N1 yet, but dont worry im on the case and will be doing very shortly.

 

I have 5 claims on the go at the minute and one of them has been consuming alot of my time (online finance) as i have been in a battle of wits via email with a solicitor from said company. And because each of my claims is so very different, the PoC's need totally changing and reworking each and every time.

The PoC i have come up with is quite large, 19 pages long and contains alot of detail, and although some say im taking a risk by doing this i am still going to file with the PoC i have written. Im hoping this weekend i have chance to sit down and finish the final points

 

Ill keep you posted on anything i receive, to date all i have had is a photocopied "standard" response letter, (get this) telling me they have 8 weeks to respond

I wrote back i hinted that they dont have anywhere near this length of time and i will be filing my court claim.

 

regards

 

johnny

[michmark]

i have 5 too and have just started – mine have ppi issues with regard to credit card – do you know anything about those? i’m going to request credit agreements but need some help on the pOc’s for the ppi and reclaiming charges. I’m going to combine the penalties and ppi together but not sure if i’ll get away with it !

[progenic7]

mich,

 

yeah i have a PPI claim with MBNA, im still working on the PoC, but hope i will of cracked it by sunday (if i get any peace)

When you get to that stage send me a PM and i'll give you some pointers, though if your in the early stages of SAR ect then it will be a few months yet, so dont panic you have loads of time.

Just one piece of advice really, and thats dont try and rush, take your time and understand what you are doing and you will be fine.

 

Johnny

[Bigmac versus]

Hi progenic was wondering wher you had got to, good to see your back.

[progenic7]

Hi bigmac

 

yeah im still here just getting ready this weekend to file N1's, my PoC has taken some putting together but its about done now, thank god.

 

ill keep you posted on this claim.

 

i have just had an offer on one of my other claims (online finance) as i have been bouncing emails to the head of legal there, and eventually i came out on top after i ground him down.....muha

[progenic7]

been in recent correspondance with the Halifax, and even though i requested specifically not to do this, i received a letter from them saying they are willing to pay me £600, and they will be paying this directly into my account within 14 days whether or not i like it.

 

I cant believe they are trying to do me like this lol

 

did they read anything sent to them ?

 

ahh well i have sent a letter back stating that i do not acknowledge this some of money as payment, and if they want to make payment on the issue at hand, then they must do so by cheque and cheque only, as previously stated.

 

It seems i getting offers left right and centre over the last few weeks.

[Bigmac versus]

They just cant help themselves.

[muggins73]

Hi pro,

What's the latest? Have you got round to filing your N1 yet, or have they decided to fold and paid you by cheque as per your detailed instruction!!!

[salisburyowl]

Hi Pro

 

I'm filing my N1's tomorrow.....what's the latest with Halifax and their offers????? I haven't received any offers, in writing or otherwise.

[muggins73]

ok received a response fromDarren Divvy (or maybe darren diven), just a templated latter not even signed.

They basically tell me they have 8 weeks to look at my "complaint" lol and the FSA tells them that no less.

Well Darren let me tell you, you dont have 8 weeks, actually you dont have anywhere nera to 8 weeks, try another 2 weeks and you'll be having court papers served upon you.

Dont you just love the arrogance of the banks, they really think they have the right to do just about anything.

Wrong !

just ammending my new LBA that will be sent first thing Monday 19th March with 14 days till N1

 

You might find this an intersting read in relation to the above....

http://www.consumeractiongroup.co.uk/forum/general/83673-complaint-handling-rules.html

[LEWHAY33]

hi im at the stage where the bank has until the 24th may to put up a defence!getting worried a bit finding hard to put my court bundle together!need old terms and conditions not the new one on halifax website! and as much advice as poss good luck to all

[muggins73]

Where the blazes are you, Pro?

 

Any news on your court procedings?

[jody123]

just subscribing to this link so I can keep track of it