Rascal v Halifax - **WON**

[rascal]

For some completely unknown reason - I was able to submit this wording? - I couldnt post last night as my PC kept freezing so maybe it was a hardware error as opposed to the MCOL site. Is this wording ok? - I have a charge of £28.00 due to come out on 31st August - should I claim for this to even though it hasnt been applied to my a/c yet? I paid my money on to debit card this morning so am already to file my claim - just checking with you guys that this is ok before I jump that last hurdle.

 

Thanks for everyone's help so far

 

 

Claimant entered a contract with Defendant in

Jan 03 duly conducted by their standard terms

and conditions.Claimants claim is for return

of money taken by defendant in charges over

last 4 years plus interest theyve levied on

charges.The charges are a disproportionate

penalty and therefore unenforceable as theyre

contrary to common law.As disproportionate

penalties theyre invalid under Unfair

(Contracts) Terms Act 1977 and under Unfair

Terms in Consumer Contracts Regs 1999.In the

event that the charges arent a penalty then

theyre unreasonable within the meaning of

Supply of Goods and Services Act 1982.

Claimant repeatedly asked for charges to be

justified but defendant declined to do so.

Accordingly Claimant claims:return of amounts

debited in respect of charges in sum of 2591

and interest charged of 159.45;Court costs.

The claimant claims interest under s69 of

County Courts Act 1984 at rate of 8% a year

from 30 Jan 03 to 31 Jul 06 of 274.26 and

interest at same rate upto date of judgment

or earlier payment at daily rate of 0.61p.

[thewifeandI]

I claimed for all notified charges at the date of filing, including those that would be applied on future dates.

 

Do you have any DPA fees to be recovered? If so add them into the claim.

[rascal]

oh yes I do actually - thanks for reminding me - how should I word that part of claim?

[thewifeandI]

Squeeze in 'DPA Fee £10' (or whatever you paid) before 'Court Costs'

[rascal]

DONE!!

 

I have just submitted my MCOL claim for £3182.71!

 

Just going to sit back now and WAIT.

[rascal]

On my claim form it says case name: Halifax claim - is that ok or should I change it?

[jonni2bad]

that would be fine

[rascal]

How long in general does it take for the Halifax to be issued with documents and from then on what is the timescale?

 

If they settle before the Court date do they just pay the amount of the original claim (i.e. £2619 for charges plus interest) or do they now have to pay out the amount that I am claiming on the claim form - i.e. 8% interest/court costs etc.

[jonni2bad]

Expect notification from the court in a few days time. The papers will be served on the bank at around the saem time, but a date will be shown on your papers.

 

They now pay every penny....

[rascal]

Hi,

 

Have been checking MCOL and today it says:

 

Claim issued 01/08/2006

 

Then there is a second column that says default with 2 options:

 

(A)

 

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.

 

(B)

 

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.

 

Do I need to do anything with these?

 

Thanks

[thewifeandI]

Nothing at this time.

[rascal]

Should I send Halifax a letter enclosing a revised list of exactly what I am claiming as per my Court claim?

[thewifeandI]

I think you need to send a copy of the charges schedule to the bank and the court. Don't forget to put your claim number on it. You don't have to advise the bank of the breakdown of your claim (as per the Moneyclaim submission), as they will get a copy of this from Moneyclaim directly.

[rascal]

Thanks - sent off this arvo. My form says it will be deemed served on 6th August (Sunday?) - only 28 days to go and should be £££s richer.

[dan-rides-bikes]

my claim was also issued on 01/08/06

 

race you

 

£1900 for me

[hannah8686]

hiya

 

just wondering if yours had been acknowledged yet, i logged mine the day after you and mine was acknowledged 04/08/06

[dan-rides-bikes]

not yet, i expect monday am

 

this is my 3rd claim with halifax

[hannah8686]

It seems halifax are getting quicker at settleing moneyclaims - what sort of timescale has it taken for them to pay since acknowledging.

 

i seem to have read so many halifax posts and a few weeks ago halifax were waiting until the 27th day but i noticed a couple of people have been paid about 2 weeks since filling.

 

i know i aint gonna be getting my money monday but 10 days would be nice lol

[sharon hayes]

it wont be long they told the court they gonna defend, my money was in the bank next day, it wont be long as soon as the halicrap get the claim via the court. say 2 weeks tops for pay out.

[hannah8686]

cool - good to know - they acknoowledged mine and said they would defend last friday - only 3 days after filling so hopefully not much left to go now

[rascal]

Mine still just says "issued". Let me know when yours changes Dan - I'm up for a race .

[maybelline]

rascal - looks like I sent my DPA same day as you. I have only just received my statements and sent my Prelim letter off last week.

 

good luck with your claim, I am expecting to go to moneyclaim too with Halifax.

[rascal]

Hang in there Maybelline - it seems quite disheartening but I'm over most of the hurdles now and on to the exciting bit!

 

Goodluck!

[rascal]

ooooh claim acknowledged as of today!

[rascal]

I won!!!

Halifax just paid £3182 into my a/c!!!!