Help!Court claim filed but made a mistake...

[juliec]

I want to make sure I do this right so not to spoil my chances of claiming back £1691 of bank charges.

 

I have all my statements for last 6 years & sent the DPA off on 24th April. I received letter today offering £112 on one acocount & £109 on the other as full & final settlement. Taking it a step further is a bit daunting, but I'm not going to accept this & am just about to fill in the LBA template to send next.

 

Do I complete the excel spreadsheet which calculates interest & send this with the LBA?

 

Thanks in advance for any advice!

[alanfromderby]

No, the 8% is only claimable if/when the claim is escalated to the County Court. You have given the bank the total - if they want to look at the breakdown they only have to look on their computer!

[juliec]

Thanks Alan, I'll get on with my LBA.

[Nutan Kiadhra]

Sorry for sounding so dumb but what exactly LBA and DPA. Thanks for responding.....

[alanfromderby]

Please can you post questions in your own thread - and you will find the answers you require in the FAQ's.

[juliec]

Can anyone tell me which address I should use for on the moneyclaim form for claimants address. ie Halifax's registered address (West Yorkshire) or the address I have been dealing with. (customer services, Leeds)

 

Thank you

[Bovvered]

I used my local Halifax branch address for the court claim, even though they had referred my 'complaint' to customer relations. They settled a couple of weeks ago...

[cariad]

It is not essential that you use the registered address these days (it used to be!) if you are issuning proceedings

 

As long as you use a bona fide business/trading address that should be fine. I would add in brackets (place of business) after the address if you are not using the registered office address.

[juliec]

Thanks Bovvered & Cariad. I'll carry on with moneyclaim! Watch this space!

[sazz]

Do you have to put the actual name of the manager, or just Branch Manager in the summons?

[cariad]

Do you have to put the actual name of the manager, or just Branch Manager in the summons?

 

I'd just put Halifax plc.

 

If it's going to the branch then you might want to mark it for the branch manager's attention.

 

Apologies if this contradicts the FAQ's.

[sazz]

I've been corresponding with 2 different people at the branch. I am going to the sheriff court tomorrow to file my claim but wasn't sure wether to put 'Branch Manager, RBS address etc...' or to put her specific name and address of branch in the box on form 1 for the summons.

[cariad]

I've been corresponding with 2 different people at the branch. I am going to the sheriff court tomorrow to file my claim but wasn't sure wether to put 'Branch Manager, RBS address etc...' or to put her specific name and address of branch in the box on form 1 for the summons.

 

I really don't know the procedure in Scotland hon. In England and Wales I would issue proceedings identifying Halifax plc as the Defendant. I might mark it "For The Attention Of..." branch manager or Customer Relations or whatever.

 

It might be the case in Scotland that you do need to identify an individual (to receive the summons on behalf of the company) even when suing a public limited company.

 

A phone call to the sheriff's court issues section will probably clarify the rules in Scotland. They can't give specific legal advice but they can explain procedure.

[juliec]

I filed my moneyclaim on line yesterday but think I've missed a bit off! Can anyone offer advice please.

 

I pasted below into Particulars of claim

I have a contract with the defendant bank which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I have asked the bank to justify their charges but they have declined to do so.

 

After I completed it, paid my money a relised a pop up box had come up, details below. I have not included this message in my clain, although the £2177 claim inc court fee & 8% interest. Will it matter? do I need to do anything?

 

Since you have indicated that you to claim interest on the money the defendant owes you, you must include the following text in the particulars of your claim:

 

The claimant claims interest under section 69 of the county court act 1984 at the rate of 8% a year from (date when the money became owed to you) to (the date you are issuing the claim) of £ (put the amount) and also interst at the same rate up to the date of judgment or earlier payment at a daily rate of (enter the daily rate of interest)

[Guest Lueeze]

Well if you dont request the 8% in the text you cannot claim it....

[Movingon]

...but when you get a claim number why don't you contact the court and ask them about having it amended?

[juliec]

I called Halifax on 16th as the 14 days since I issued the LBA,where up.

 

I explained I wanted to check which was the best address to use as was completing my moneyclaim form on-line. The girl I spoke to asked that I give them chance to take a look at my claim & call me back within an hour. They did & she up'd the original offer of £221 to £640. I asked for this in writing but said I would carry on with my claim £1691 - (plus interest £366 & court costs £120)

 

I filed my claim lunchtime yesterday & it has been issued....o 'eck...what shall I wear to court!

24/4 Preliminary letter sent-recorded --£1691 claim

28/4 Verbal Offer of £221 rec'd

29/4 Written offer rec'd of £221

2/5 LBA sent declining offer - recorded

16/5 Verbal offer of £640 rec'd

17/5 Completed moneyclaim online

18/5 Status - Claim issued

[juliec]

Thanks, I'll try giving them a call tomorrow.

[Bookworm]

It will cost you £35, non-reclaimable, mind, since it's your mistake. Make sure it's the only alteration needed, or it could end up expensive!

[juliec]

O blimmey, not the reply I wanted but still appreciated! Thank you!

As the interest is £360 :o then it's worth it.

 

As the interest is earned at different dates over 6 years, would I be best to alter the interest paragrah to say the

 

"Amount of interest incurred at various dates, please refer to appendix 1"

 

l'll then have to find out if I can attach on line or email/fax/post to court.

 

Do you think this is acceptable? :?

[Guest Lueeze]

how did you miss it julie? LOL!

[rbrears]

Might be easier just to write to the bank and say that you neglected to include the wording for a claim for interest on your claim form and that it was your intention to do so. Ask them if they will consent to you submitting an amended particulars of claim or agree that the claim served will be deemed to include the relevant wording. If they do you do not need to apply to the court for permission.

 

If they refuse just send a copy of your letter asking for their consent and their reply refusing to the court manager and ask for them to be filed on the court file. Then if it goes to a hearing the judge will see that you made a simple error and the bank refused to overlook it. I'm sure you will be allowed to claim interest if it ever gets before a district judge (particularly because, if I read your post right, the actual sum claimed includes interest) and you will not have had to spend £35

 

Leeeway is given to litigants in person District judges are almost without exception polite and nice common sense people who are interested in the main issues and not peripheral little errors- so why not take the inch you are given?

[Guest Lueeze]

4 halifax threads merged!!!

 

Louise

[juliec]

mailto: BankFodder[

[i filed my moneyclaim on line 18/5 & it was acknowledged yesterday but I missed details of interest as below - I have called the Halifax & asked if they will accept an amendment but they wont, so have to pay £35 to amend via moneyclaim online. Today is payday so I can now go ahead but am unsure of the wording as I have completed the excel spreadsheet provided to work out 8% interest which is on 2 accounts over various dates may 2000 todate.

 

Please can someone advise & also does anyone know how this will affect my claim. I have included the value of interest (£366) in the claim just not the description

 

The claimant claims interest under section 69 of the county court act 1984 at the rate of 8% a year from (date when the money became owed to you) to (the date you are issuing the claim) of £ (put the amount) and also interst at the same rate up to the date of judgment or earlier payment at a daily rate of (enter the daily rate of interest)

[alanfromderby]

I would advise that you contact the County Court as you cannot amend the claim on line - you will need to send a form to the court.

 

It is usually £35 to amend a claim - however, it may be that since this is only a matter of adding some words it may be possible to just send it as additional information. You do need to speak to the court on this.