Help - In a serious, serious mess.

[Scarlett Girl]

I really need someone to help me. I'm really upset and do not know what to do.

 

I'll start from the beginning. I helped my fiance with his bank charges stuff, by doing the paperwork etc for him. We combined his current account charges and his credit card charges. Sent them the Prelim letter, the LBA letter, and finally filed a claim on Moneyclaim. Sent two further letters in reply to their letters saying that they didn't owe us the money. Halifax coughed up the current account charges, but defended the credit card charges.

 

We went to court this morning. The solicitor was confused about the charges, and the judge adjourned saying that we needed to provide evidence that we made it absolutely clear on the claim form that we were claiming for two separate accounts.

 

Now, on the numerous letters I sent, I made it really clear. On Moneyclaim I didn't, I didn't put any account numbers, and I didn't split the amounts.

 

But why did Halifax pay the current account charges if my claim wasn't clear enough? What can I do to stop Halifax turning the tables, and us being liable to pay for all their costs?

 

I really hope someone can help. If not, let this be a lesson to you, read the guidelines on here very carefully.

[Rooster-UK]

I'm not sure of the best way to resolve this, but I know someone who will.

 

Just sit tight.

 

Regards, Rooster.

[Scarlett Girl]

Thank you. I know you've not been about to help, but it's good to know I'm not sitting here on my own!

[Rooster-UK]

We're on the ball, here.

Another Site Helper has also requested help for you.

[Robertxc]

Don't panic, this isn't the mess you think it is. All the judge wants, by the sound of it, is a breakdown of exactly what you're claiming for. So, if you're claiming £500, with £300 from one account and £200 from another, all you need to do is put together a list detailing each charge, and which account it applies to.

 

When you say Halifax's solicitor was 'confused', he wasn't really, he was just trying to make it as difficult as possible for you.

 

Once you've made up your list, send it to the court with a short covering letter saying what it is. Don't go into details, just say that this is the breakdown of the charges as requested by the judge. If (and only if) the judge told you to send it to Halifax as well, then do that as well.

[Scarlett Girl]

Well, I wasn't at the court, but it sounds like the Judge has said that if it wasn't specified properly on the money claim form, then Halifax are in the right. I will see if my fiance can come and post what happened this morning.

 

Thank you.

[Scarlett Girl]

It's even worse than I thought. I've been clear in the letters, but in the money claim online, I only put the current account number, not the credit card account number.

 

And the judge DID say the above, plus he said that if I wasn't clear enough, then we'd have to sue again, and pay Halifax's court costs! It's only £315, so I have no idea what their costs would be.

[MARTIN3030]

Just follow Robs advice.

list the account numbers to the relevant charges.

You will naturally have copies of your earlier correspondence that clearly shows this.

Its not your problem that the clients have not made these available to the defence.

[Scarlett Girl]

Can anyone give any more advice? The judge has already seen a break down of the charges. We've been told that the Halifax will get in touch, and the judge definitely said that if we didn't make the credit card account clear on the money claim form, then we will have to start again. That would mean that Halifax can claim their costs from us. Surely there must be something we can say? It was a genuine mistake, trying to fit it all in within the limit.

[Robertxc]

and the judge definitely said that if we didn't make the credit card account clear on the money claim form, then we will have to start again.

So...all you need to do is an updated list of charges, showing which account they were applied to.

[dave]

...or pay 30 quid and amend the particulars?

[Jaynekul]

I would file a statement setting all this out in a coherent manner with the charges schedules and endorse the statement " I hereby certify that this is a true statement

 

Signed...................... Dated..............

 

That way you are making your case clear to the Court and the Defs without the cost of an amendment

[Robertxc]

I would file a statement setting all this out in a coherent manner with the charges schedules and endorse the statement " I hereby certify that this is a true statement

 

Signed...................... Dated..............

 

That way you are making your case clear to the Court and the Defs without the cost of an amendment

Absolutely. Make it as comprehensive as you can.