Mrs thesergeant v Halifx

[thesergeant]

OK - so I have done a load of searching etc and personal costs to pursue small claims do not appear to be recoverable shame.

[MARTIN3030]

There are ways around it.

 

You dont file under personal costs !!

 

[thesergeant]

I last communicated my LBA on 21/8/06. I wanted to commence my claim due to Halifax negative response. However I ran out of money. I am ready to claim N1 completed detailing contractual interest etc, and I will at last have the money on Friday.

 

Should I just commence my claim, or should I communicate with Halfiax again prior to beginning my claim ??

[craigtaylor1]

You have given them more than enough time to respond and pay you back in full... They haven't, so i should just go ahead and commence your claim :O)

[thesergeant]

Slight misuderstanding (my fault) when I say "negative response" I mean that they replied stating that they would not repay anything .............

 

Does that change things or should I just carry on and commence the claim ??

[Guest bluecloud]

Have the Halifax fulfilled your requests i.e. paid up?

 

If not, then file the claim at court. If you followed the template letter then their time is up and you said you wouldn't communicate again, just "sue their bottoms*".

 

 

*Martin Lewis, on Radio 2, 06/10/06

 

 

.

[thesergeant]

Thanks Bluecloud and Craigtaylor1,

 

No the Halifax have not paid up, the last response, put simply, was "you ain't gettin nothing" .............

 

I thought I should just carry on, despite the delay in my having the available cash!! But had a slight nervous wobble, don't want them getting off the hook

 

Claim is therefore going in this Friday .............

[bearo]

THREADS MERGED, Please could you stick to one thread per claim? Thank you!

[thesergeant]

Our claim has been served on Halifax - N1 Particulars of Claim

 

 

>>>>>>>>>>>>>>>

 

1.The Claimant has an account XXXX, Roll Number XXXX with the Defendant which was opened on or around 20th June 2001.

 

2. During the period in which the Accounts have been operating the Defendant debited numerous charges to the Accounts 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 Accounts, as outlined in the attached schedule, 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. In the event that the charges are not a penalty, they are unreasonable under The Supply of Goods and Services Act 1982 section 15. The Defendant has declined to justify the charges.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of The Unfair Terms in Consumer Contracts Regulations (1999) paragraph 8 and schedule 2(1)(e), The Unfair Contracts Terms Act 1977 section 4 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £201.00 and interest charged thereon in the sum of £0.02;

 

b) Court costs;

 

c) the additional costs incurred by the Claimant in the writing and sending of letters to the Defendant pursuant to this claim, and the statutory access request in the sum of £12.52, as set out in the attached list of costs.

 

d) the Claimant claims contractual interest compounded daily at an annual rate of 29.8% per annum, from the date of each transaction to 20th October 2006, which is £130.76, as set out in the attached list of charges. The Claimant further claims interest, on the resulting total of £331.78, at the same rate up to the date of judgement or earlier payment, at a daily rate of £0.36 per day.

 

The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. The Claimant holds that this applies to unauthorised drawings by the Defendant as well as to unauthorised drawings by the Claimant. Should the court deem this incorrect, the Claimant claims the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s unauthorised overdraft interest rate that would be applied under the terms of the above mentioned account.

 

Should the court find that this interest rate is not applicable, then in the alternative the Claimant claims contractual interest compounded daily at an annual rate of 18.9% per annum, from the date of each transaction to 15th October 2006, which is £82.62, as set out in the attached list of charges. The Claimant further claims interest, on the resulting total of £283.64, at the same rate up to the date of judgement or earlier payment, at a daily rate of £0.22 per day.

 

The account’s Terms and Conditions specify the interest payable on authorised drawings from the account. The Claimant holds that this applies to authorised drawings by the Defendant as well as to authorised drawings by the Claimant. Should the court deem this incorrect, the Claimant claims the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s authorised overdraft interest rate that would be applied under the terms of the above mentioned account.

 

Should the court find that this interest rate is not applicable, then in the alternative the Claimant claims interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from the date of each transaction to 15th October 2006, which is £35.10 and continuing until payment or the date of judgement at a daily rate of £0.10.

 

[thesergeant]

I have received an offer from Halifax, £298.95.

 

My claim is for £394.30 with contractual interest.

 

Loads of rubbish in the letter re: terms I agreed to etc..

 

The bit they are relying upon is "The Halifax does not consider that you are entitled to the further £95.35 that you are claiming. Unless you can provideevidence of this further loss the Halifax will file a defence in respect of this part of your claim"

 

Are they just trying it on, to get me to settle? My initial thought is "happy to accept the interim payment, see you in court for the rest"

 

Any other views would be helpful .............

 

[thesergeant]

The Haliprat have made a partial settlement.

 

They paid £298 into the account. They are disputing the remaining £100.

 

I think they expected us to accept this and cancel the court claim. Below is my letter to the court, copied to Haliprat

 

>>>>>

I wish to inform you that I have received a partial payment from Halifax plc in respect of the above claim.

 

They have paid into my account payments of £97.95 and £201.00. Total £298.95.

 

I have accepted this as an interim payment, informing Halifax plc that I expect full settlement. This was communicated to them by letter on 6th November 2006.

 

As of the date of this letter my claim stands at £403.30, inclusive of daily interest of £0.36p per day until judgement.

 

The remaining payment expected to settle this claim today is £104.35.

 

I intend to pursue this remaining amount. I wish you to note that my claim is not settled.

 

 

 

Lets see if they want their day in court or not ?

[thesergeant]

I felt sorry for the Halicrap so we sent them a letter and a couple of faxes confirming that we accepted the partial settlement, however we expected the remaining £104 of interest to be paid otherwise its off to court.

 

Received a letter today, stating that they have giving a goodwill payment and will not repay all of the charges (They have already done this??). However if we were unhappy with the resolution of the complaint then we could go to the FSO.

 

All very strange, as the claim is served and on 1st December its "judgement" day.

 

It looks like the right hand has completely lost its left !!!!!!!!!!!!!

 

I almost felt like writing to them again and letting them know that they dont seem to have understood what is happening .............. :D:D

[thesergeant]

Dear all,

 

We won, only a small victory but we won.

 

We had accepted an interim payment, they were holding out on the contractual interest. May have been a slight mistake in accepting the pertial payment.

 

However, another letter pointing out the closing court date illicited full and final settlement ............

 

Thanks for all the assitance ........ Now its on to the next one ..........:D

[thesergeant]

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