Realist v Halifax ***SETTLED IN FULL***

[Realist]

Its still over 24 lines.

 

Take out the carriage returns before and after this bit:

[barracad]

Is it within the number of characters limit?

 

Post exactly how it is now on here please. (Excluding personal details of course).

[Realist]

Here is the exact text (Without the interest bit)

 

I have a contract with the Halifax Plc 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 4 years plus the

interest they have levied on those charges,

totaling £1446.13 inclusive of interest. 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

repeatedly asked the bank to justify their

charges but they have declined to do so.

 

Above = 20 lins.

 

Here is the above with the interest bit.

I have a contract with the Halifax Plc 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 4 years plus the

interest they have levied on those charges,

totaling £1446.13 inclusive of interest. 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

repeatedly asked the bank to justify their

charges but they have declined to do so.

The claimant claims interest under section

69 of the County Courts Act 1984 at the

rate of 8% a year from xxxxx to xxxxx of

£xxxxx and also interest at the same rate

up to the date of judgment or earlier

payment at a daily rate of 0.00022%.

 

As you can see its over by 2 lines, the maximum is 24.

 

Laters

[barracad]

I have a contract with the Halifax Plc 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 4 years plus the

interest they have levied on those charges,

totaling £1446.13 inclusive of interest. 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

repeatedly asked the bank to justify their

charges but they have declined to do so.

The claimant claims interest under section

69 of the County Courts Act 1984 at the

rate of 8% a year from xxxxx to xxxxx of

£xxxxx and also interest at the same rate

up to the date of judgment or earlier

payment at a daily rate of 0.00022%.

 

Take out the text in red - hopefully that should do it.

 

Also, daily rate of interest needs to be a monetary amount, not a percentage. (And it's actually 0.022% anyway)

[Realist]

How would I calculate the daily interest on £1446.13?

 

Trying text now.

 

Take out the text in red - hopefully that should do it.

 

Also, daily rate of interest needs to be a monetary amount, not a percentage. (And it's actually 0.022% anyway)

[barracad]

You need to get the total claim amount excluding interest and court fees, and work out 0.22% of that.

 

So basically: claim amount x 0.00022 = daily rate of interest

[Realist]

So in my case:

 

£1210.00 is what I need to use as this is the fee's taken over the last 4 years without interest and court costs.

[Realist]

I works it out as a daily rate of 0.2662.

 

Is that correct

[Realist]

My particulars now read as:

 

I have a contract with the Halifax Plc 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 4 years. The bank's

charges are a disproportionate penalty and

therefore unenforceable as they are contrary

to common law. Further, 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

repeatedly asked the bank to justify their

charges but they have declined to do so. The

claimant claims interest under section 69 of

the County Courts Act 1984 at the rate of 8%

a year from 31/12/02 to 05/07/06 of £236.13

and also interest at the same rate up to the

date of judgment or earlier payment at a

daily rate of 0.2662.

 

Is that correct?

[barracad]

Change daily rate of interest to £0.27 and that's it you're done!

[Realist]

Thanks

[Realist]

Changed it bit, is this ok providing it fits

 

I have a contract with the Halifax Plc 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 4 years of £1210.00.

The bank's charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law. Further, 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 repeatedly asked the bank to justify

their charges but they have declined to do

so. The claimant claims interest under

section 69 of the County Courts Act 1984 at

the rate of 8% a year from 31/12/02 to

05/07/06 of £236.13 and also interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of £0.27.

 

Laters

[barracad]

I have a contract with the Halifax Plc 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 4 years excluding

interest of £1210.00. The bank's charges are

a disproportionate penalty and therefore

unenforceable as they are contrary to

common law. Further, 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

repeatedly asked the bank to justify their

charges but they have declined to do so. The

claimant claims interest under section 69 of

the County Courts Act 1984 at the rate of 8%

a year from 31/12/02 to 05/07/06 of £236.13

and also interest at the same rate up to the

date of judgment or earlier payment at a

daily rate of £0.27.

 

Leave out the red text - it's confusing, and all you need to do is make sure you put the total amount including interest in the relevant box on moneyclaim.

[Realist]

Just added to to show the initial amount without interest because the actual interest inself is listed at the bottom.

 

So adding the 2 figures gives me my full claim amount.

 

But I removed it anyway.

 

Thanks.

[barracad]

Yeah there isn't any need for it though. And also when you say "excluding interest" it sort of gives the impression you aren't claiming for interest, but you then go on to say you are. As long as you have the total amount in the amount claimed box, and show in the particulars of claim what amount of that is interest that is perfectly fine.

[Realist]

Update number 3,000

 

Received this from Helifax

 

 

You can tell this is a standard automated letter because it says 6 years and I have only had my account for 4 years and 4 years was stated on the phone and all letters.

 

Laters

[Realist]

Update:

 

I entered my moneyclaim today online 09/07/06

 

Now the waiting game begins.

[Realist]

Filed my moneyclaim and this morning I see this on my screen:

 

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

 

The defendant has not filed an admission or defence to my claim

(Judgment by Default)

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

 

The defendant admits that all the money is owed

(Judgment by Admission)

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

 

Which one do I click?

[barracad]

Which one do I click?

 

None of them.

[Realist]

So what do I do on that page?

 

If I click next it says "Judgment Selection: This information is required. Please make a selection."

[Realist]

Help!

[barracad]

Do nothing on that page.

 

Go back a step - it says "Do you wish to enter Judgment by Default or by Admission?" You don't. So don't click it.

[Realist]

Thank you.

 

How long does Halifax have to respond to the judgment and at what time do they usually refund all fee's?

[Realist]

I boobed

 

I put myself down as the defendent and not the claimant

 

Now I have to do it all over again, pay again and get a refund on the first boob

 

Not my week.

[Bookworm]

It gets worse: You won't get a refund on your withdrawn claim. Sorry.

 

Don't forget to alter your interest when you put in claim in again, as more would have accrued since.