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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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Halifax, prelim letter help ** WON**


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Hi,

My cousin has asked me to help her with claiming back her charges from Halifax. I have a question which i need help with though with regards to the prelim letter and the dreaded interest question.

 

Going through her statements I find the amount she has been charged (charges as notified), then a small amount , always less than £1 (interest debited-notified last month). Should this small amount be added to the schedule of charges or left until LBA? I want to get this in order as she is claiming back just short of £3,000.

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The interest can be claimed but it has to be propotioned to the charge, so no the total interest debited is not claimable. If it is just a small amount, maybe you should just go after the charges on their own. Use one of the spreadsheets in the bank templates library to list all of the charges. Do not delete the entries already there, just type over the top of them and then delete the ones you don't need. The interest worked out on the spreadsheets relates to 8% interest which is only claimable at the court stage.

 

any problems - just ask

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Halifax Plc

Trinity Road

Halifax

West Yorkshire

Hx1 2rg

HOW TO...DUMMIES GUIDE TO CAG...Read here

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F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Thank you, everyone is so very kind on these forums:D. Got to help my son too, i think that is why she asked me.:) Didn't tell her I am getting help from you kind folks, I'll more than likely return with another daft question.:o

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I am in the process of completing the prelim letter to Halifax for my cousin but not sure how to word the 'What I require' bit?

 

Her statements only show 'charges as notified', there is no breakdown of what she was charged for.

 

Can someone help please? :)

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I am in the process of completing the prelim letter to Halifax for my cousin but not sure how to word the 'What I require' bit?

 

Her statements only show 'charges as notified', there is no breakdown of what she was charged for.

 

Can someone help please? :)

 

in there you put how much they owe you in charges, and if you are claiming it the overdraft interest. Be aware that you can only claim the od interest that is a direct result of a charge, if you are unsure of this I would leave this amount off.

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Thanks, it's all still a bit confusing as she does not have a OD set up because her bank refused it when she opened her account a few years back.

 

Each and every charge on the statements is listed as 'charges as notified' and that is what I have on the spreadsheet ready to go. There are very small charges of 'Interest debited-notified last month' but I have left these out.

 

Sorry should have used the other thread I asked questions on the other day.:o

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  • 2 weeks later...

Ok, it's time for the LBA letter to be sent. I printed off 2 sets of charges schedules originally but left the 'days since offence' column on. Obviously those will be different now so do I have to do it again or can I just send it as it is?

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  • 3 weeks later...

Hi, my cousin received a letter today which acknowleged her LBA sent 4th May. They have told her that they will contact her by the 19th June with a proper reply and after investigating her complaint. So it's time to get the ball rolling for court I would think. She is a bit concerned as she doesn't get paid until the 7th June and is worried about the court fees. Do these fees have to be paid when you file in the small claims?

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Yes all court fees have to be paid at the time of the filing, unless you are exempt.

 

Here is the list of court fees...

 

County Court Fees

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 1 month later...

Hi, almost completed the form N1 but can someone help me with 5a & 5c section please? I'm not claiming the OD interest just the 8% so do I leave this bit off? *and any interest charged thereon;*

 

The date money became owing to you would be the date of the 1st or last charge?

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You dont need to fill in that bit.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Is this right?

 

1. The Claimant has an account ******** with the Defendant which was opened on 30/09/2001

 

2. 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.

 

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 Terms in Consumer Contracts Regulations (1999) and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £3037.00

 

b) Court costs;

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from ??/??/???? to 22/06/2007 of £672.36 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.66 (calculator actually came up with 0.668 14)

 

 

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

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Yes just follow the template, and put in your details,

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from FIRST CHARGE to 22/06/2007 of £672.36 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.66 (calculator actually came up with 0.668 14)

 

Did you not use the spread sheets as this works it out for you. It makes no difference.

 

It looks fine.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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No you still need to fill all the POC in.

 

It was just with you saying you had used the calculator to work out the 8%.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Ok, thanks for your help SSL. Off to deliver this lot to the courts now after getting my cousin to sign it. I feel stressed out asking what I think are dumb questions, but the money isn't mine worst luck.:o

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