Grant123 Vs BOS/HBOS.

[grant123]

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/112028-stay-overturned-fine-defence.html

[grant123]

BBC NEWS | Business | Judge calls halt to bank charges

[stonedecroze]

How are you Grant,

Any progress yet?

[stonedecroze]

Are you still looking for T&Cs?

 

Have you tried here?****Serious request please.****

[grant123]

Hi everyone

 

I have just received a Notice of claim form for one of my claims. Howard has until the 10th of September to reply.

 

Unless I've missed something, the form does not instruct me to do anything.

 

I take it the next step in the process will be if and when Howard files his defence or requsts a stay.

 

Back to sitting on thumbs, I think !!

[sea-sidelady]

Yep, that is exactly what it is.

 

So i think twiddling those thumbs might be a better idea..

[grant123]

Thank you ssl.

 

I'm also going to take your advice and twiddle my thumbs instead !

 

Ta

[kennythecelt]

Thumbs on the desk is the rule or twiddle! It does however hinder typing;)

 

Roll on September!!! I'll keep an eye out Grant!

[grant123]

Thanks Kenny

[grant123]

Hi All

 

Has nobody noticed my wee picture thingy, took me days to do that !!

[**Tilly**]

sorry grant your avitar looks brill

[grant123]

Thanks Tilly, I knew I could count on you !!

[deadlykiss]

lol Grant ,, nice Avator ,, all these peeps sitting on thumbs ,, think they gonna have sore ummmmmm Thumbs haa haa

 

best of luck

[stonedecroze]

I had noticed new avatar Grant, but didn`t want to be first to comment. LOL It is not only Thumbs that get sore DK

[deadlykiss]

Stone .. i was being nice about thumbs haa haa

[sea-sidelady]

Great avatar grant..! So thats what you do on here all night...

 

 

Glad to see you found something useful to do with your thumbs!!!

[grant123]

Evening all

 

Thumbs are fine thanks, have been trying to look after them more.

 

Cheers

[grant123]

http://www.consumeractiongroup.co.uk/forum/member.php?u=140530

[grant123]

http://www.consumeractiongroup.co.uk/forum/scotland/112543-bos-t-cs-needed.html

[grant123]

Hi everyone

 

Halifax have filed a defence at Hull court, I'll type it in later.

 

What should I expect to happen next ??

 

Cheers

[grant123]

Tough Diamond who became a real-life master of the universe | Special reports | Guardian Unlimited

[sea-sidelady]

You dont have to type it up. Have a look through this link and see if yours is the same.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/110071-urgent-halifax-defence-filed.html

 

There isnt really anything you can do now. Just wait to hear from the court.

[grant123]

Morning all

 

The defence from Optima is the same as the one Kelvid received, here it is below.

 

I am correct in thinking the mainstay of their defence is that I agreed to the T and C's therefore the charges they make are fair game, And Also paragraph ten seems to say that they believe their charges are fair !!.

 

Any advice appreciated !

 

 

Here is how Halifax defence is worded:-

 

1. Save as is specifically admitted in this Defence, the Defendant denies each and every allegation set out in the POC.

 

2. It is admitted that the Claimant had an account with the Defendant, numbered XXXXXXXX & XXXXXXXX ("Account").

 

3. At all times, the Account has been subject to the applicable terms and conditions ("Conditions"), which form part of the contract between the Claimant and the Defendant and to which the Claimant agreed when he opened the Account. Under the Account Conditions, the Defendant is entitled to apply charges to the Account, inter alla and so far as is relevant to this claim, for;

3.1 each calendar month when a debit balance on the Account exceeds any authorised overdraft limit;

3.2 refusing to honour payment instructions issued by the Claimant where there are insufficient funds available for withdrawl from the Account (after taking into consideration any authorised overdraft limit);

3.3 honouring payment instructions issued by the Claimant where the overdraft limit has already been exceeded, or is exceeded as a result of honouring the payment instruction.

 

4. The Defendant will contend that the Claimant received a copy of the Conditions and the said Tariff Charges.

 

5. The Claimant appears to be claiming charges applied to the Account. By vitue of the Conditions referred to in paragraph 3 above, the Claimant was in breach of Contract and the Claimant became liable to pay fees to the Defendant in accordance with Tariff of Charges applicable at the relevant time. In accordance with the Conditions, such fees were debited from the Account.

 

6. Further or in the alternative, even if it is said that the Claimant did not breach the terms of the Conditions referred to in paragraph 3, the Defendant was entitled to Charge the fees in accordance with the Conditions and the Tariff of Charges applicable at the relevant time, and the charges were reasonably applied for the agreed banking services.

 

7. In view of the facts and matters referred to in paragraphs 3,4 and 5 above, the Defendant denies that the amount of £XXXXX or any amount was unlawfully debited from the Account and the Claimants claim for the repayment of that amount is therefore denied.

 

8. The Claimants contention that the said fees are unenforceable is denied. The fees reflect and are proportionate to the Defendants administrative expenses incurred due to the Claimants breach of Contract or in the alternative, it is found that there has been no breach of contract by the Claimant, that the fees have been reasonably incurred in accordance with Conditions and Tariff of Charges detailed in the contract.

 

9. Further, the Defendant denies being in breach of the Unfair Terms in Consumer Contracts Regulations 1999 and or the Unfair Contract Terms Act 1977 and that the terms and conditions satisfy the test of reasonableness.

 

10. Further or in the alternative, even if the said fees are not proportionate to the Defendants administrative expenses incurred (which is denied), the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge made to the Account.

 

11. No admissions are made as to the amounts claimed by the Claimant and the Claimant is put to strict proof of the same.

 

The defendant believes that the facts stated in the defence to be true.

[grant123]

BBC News Player - Barclays mis-sold products

[grant123]

London Stock Exchange - Article