Jump to content


**URGENT** Halifax Defence filed in HULL. Read here.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5073 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All, please can any of you tell me if you have received a defence from the Halifax and if so was it worded something like mine? I received it this morning from Optima Legal Services who appear to be Halifax solicitors. Just as I was starting to think I was nearing the end as not heard anything and their defence was due in the 3rd and BANG! here it is. Dont know if makes any difference but filed in HULL COUNTY COURT also. What next and any advise 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 since August 2001. 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 £6721.46 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.

 

What does anyone think? Has anyone had same?

28-05-2007--Received Schedule of Charges.

03-06-2007--Prelim sent.

12-06-2007--Reply - Thanks but charges lawful!

19-06-2007--Sent L.B.A. & Schedule of Charges

NOTHING RECEIVED AFTER 14 DAYS

05-07-2007--Phoned Halifax to discuss account. Still standing by charges.

13-07-2007--Filed N1 in Hull Court :wink:

20-07-2007--Halifax deemed served.

25-07-2007--Received offer £280 as Full and Final settlement.

27-07-2007--Sent rejection letter recorded delivery

03-08-2007--Rang Hull Court, nothing received from Halifax

04-08-2007--Sent Pre Judgement letter.

10-08-2007--Defence received from Halifax

13-08-2007--Judgement Request sent

24-08-2007--Claim stayed at Hull Court

31-08-2007--Applied for stay to be lifted

12-10-2007--Hearing for removal of stay on 31/10

31-10-2007--Removal of Stay struck out

Link to post
Share on other sites

It appears a couple are now getting these letters. Any money paid in after receiving one of these defences I would be very interested to hear from you.

28-05-2007--Received Schedule of Charges.

03-06-2007--Prelim sent.

12-06-2007--Reply - Thanks but charges lawful!

19-06-2007--Sent L.B.A. & Schedule of Charges

NOTHING RECEIVED AFTER 14 DAYS

05-07-2007--Phoned Halifax to discuss account. Still standing by charges.

13-07-2007--Filed N1 in Hull Court :wink:

20-07-2007--Halifax deemed served.

25-07-2007--Received offer £280 as Full and Final settlement.

27-07-2007--Sent rejection letter recorded delivery

03-08-2007--Rang Hull Court, nothing received from Halifax

04-08-2007--Sent Pre Judgement letter.

10-08-2007--Defence received from Halifax

13-08-2007--Judgement Request sent

24-08-2007--Claim stayed at Hull Court

31-08-2007--Applied for stay to be lifted

12-10-2007--Hearing for removal of stay on 31/10

31-10-2007--Removal of Stay struck out

Link to post
Share on other sites

Yes your letter is very similar to mine except parragrahpe 5 in wich they say i am making claims for charges outside the 6 year time limit.wich is odd because i only asked and got statements going back 6 years.I not that you only had an offer £250 pounds and i had an offer £695 And your claim is alott hiher than mine. Any way i have already received judgment but i will send the letter to the court today and we shall see what happens:)

Link to post
Share on other sites

I haven't received a letter or a defence. Not sure what Halifax are doing as mine has been ignored completely.

Abbey - £539 pending - !!!WON!!!

Halifax - £676 pending - stayed at court

2nd Claim with Halifax - £168 pending

Lloyds TSB - £780 (sisters) !!!WON!!! - Filed waste of costs order (on hold)

Barclays - Barclays filed crap defense - on hold

 

AND THE BANKS ARE STILL CHARGING!!!!!!!

 

How very dare you!!

Link to post
Share on other sites

Donot worry if the halifax have not given a defence the court have set time limits for them to reply to your claim.If thy donot you just carry on.The court in my case has already passed judgment in my case before thy sent out there defence.Its there problem if thy donot comply with the court time limits:p

Link to post
Share on other sites

YEs YES YES!!!

 

I have received one exactly the same! My claim is for £1400 of "Charges as notified" just for not having enough £ in the bank to ver direct debits.

 

Has anyone been here before with halifax and won the case?

 

The defence does look very professional and I am thinking already about a court date and how the hell i can possibly compete with their defence.

 

I have not yet received the allocation questionnaire and don't know really what i need to do next. is it worth seeking legal advice and letting halifax know that i am seeking legal advice cos then i will be adding £100's to my claim? If I do this will they just pay up becuase they can't risk losing any more money if I win?

 

What the chances of halifax actually winning? when are they likley to back down and pay up or are they gonna see it through to a hearing?

 

Any advice of anyone who has reached or gone passed the optima stage with halifax would be greatly appreciated!

Link to post
Share on other sites

Hi Humags, I have still not received any questionaire as yet.

28-05-2007--Received Schedule of Charges.

03-06-2007--Prelim sent.

12-06-2007--Reply - Thanks but charges lawful!

19-06-2007--Sent L.B.A. & Schedule of Charges

NOTHING RECEIVED AFTER 14 DAYS

05-07-2007--Phoned Halifax to discuss account. Still standing by charges.

13-07-2007--Filed N1 in Hull Court :wink:

20-07-2007--Halifax deemed served.

25-07-2007--Received offer £280 as Full and Final settlement.

27-07-2007--Sent rejection letter recorded delivery

03-08-2007--Rang Hull Court, nothing received from Halifax

04-08-2007--Sent Pre Judgement letter.

10-08-2007--Defence received from Halifax

13-08-2007--Judgement Request sent

24-08-2007--Claim stayed at Hull Court

31-08-2007--Applied for stay to be lifted

12-10-2007--Hearing for removal of stay on 31/10

31-10-2007--Removal of Stay struck out

Link to post
Share on other sites

Hi Kelvid

 

Have you informed the Court that you have recieved Defence, is the Court you are using one of the ones that are not using AQ's anymore .

 

Wont harm to ring and find out, save you waiting on tenderhooks

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

Link to post
Share on other sites

you still waiting Kelvid? Looks like you and me both. Sounds like good advice from Overflow, I will give my court a bell after bank holiday. Chin up!!

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

Link to post
Share on other sites

HI ALL

Yes Yes Yeah... this appears to be the same standard response that Halifax are sending out. Mines the same apart from abit added about £39 being a realistic charge. My case has been transferred to Notts and its one of the courts that are applying Stay Orders until OFT.

I just wondered if we could do something about OPtima giving the same standard reply to us all. Its not good...

Could we mention it somewhere as it appears that they are not looking at the individual cases (ie. some of us where in receipt of welfare benefits, some cases are credit cards which I think are going ahead).

Reeta

Link to post
Share on other sites

HI All!!

 

I have recieve the exact same letter...do i need to do anything with it?

I read comments about sending it to the court where the claim is taking place?

 

be good (Baaa)

HALIFAX-4..CLAIM 1

5 Jan PRELIM

5 Mar LBA

26 Phone HSBC about offer

14 April Halifax paid into account

 

HALIFAX-10..CLAIM 2

21 Mar PRELIM

18 Jul LBA

24 Jul FILED N1

30 Jul Letter from halifax putting case on hold due to OFT

10 August notice of acknowledgement

22 August letter of defence from halifax legal

 

LLOYDS TSB..CLAIM 3

5 Jan PRELIM

5 Mar LBA

26 Mar FILED N1

5 April acknowleged

4 May defense

27 June to be assessed by judge

12 Sept court date (adjourned till further notice)

21 August letter from court, case on hold till Jan?

Link to post
Share on other sites

i got a letter from the halifax and not optima today.Asking me if i was accepting there offer of settlement.wich i have already received and returned the cheque.And they also explained that they are involved in legal proceedings with OFT.And that FSA had agreed to suspend the time limits for dealing with bank charges.But as far as i know that ageement had not changed in febuary when i started the claim.Any way my judgment time limit is up on the 4th september.So i will be contacting the court then if i donot here before.:D

Link to post
Share on other sites

My letter from Optima is literally exactly the same - only the amount differs.

 

Point 8 is interesting - saying the charges 'do reflect and are proportionate to the Defendant's administrative expenses', when we all know they clearly dont! Even Halifax have stopped saying that. lol

Link to post
Share on other sites

Hi All, I applied for judgement at court which I have recently received an order stating my claim is stayed. I will be going into court on Friday 31st to apply to have stay lifted. Watch my ;Kelvid123 v Halifax' thread for updates. Good luck everyone.

28-05-2007--Received Schedule of Charges.

03-06-2007--Prelim sent.

12-06-2007--Reply - Thanks but charges lawful!

19-06-2007--Sent L.B.A. & Schedule of Charges

NOTHING RECEIVED AFTER 14 DAYS

05-07-2007--Phoned Halifax to discuss account. Still standing by charges.

13-07-2007--Filed N1 in Hull Court :wink:

20-07-2007--Halifax deemed served.

25-07-2007--Received offer £280 as Full and Final settlement.

27-07-2007--Sent rejection letter recorded delivery

03-08-2007--Rang Hull Court, nothing received from Halifax

04-08-2007--Sent Pre Judgement letter.

10-08-2007--Defence received from Halifax

13-08-2007--Judgement Request sent

24-08-2007--Claim stayed at Hull Court

31-08-2007--Applied for stay to be lifted

12-10-2007--Hearing for removal of stay on 31/10

31-10-2007--Removal of Stay struck out

Link to post
Share on other sites

Hi All, I applied for judgement at court which I have recently received an order stating my claim is stayed. I will be going into court on Friday 31st to apply to have stay lifted. Watch my ;Kelvid123 v Halifax' thread for updates. Good luck everyone.

 

I am in same boat as Kelvid with applying on fri 31st to have say set aside. I am going to ask for a hearing rather than leave it up to court, if you want to track progress then follow on my thread

 

stonedecroze v halifax 2

 

 

I am also willing to listen to any advice or tips, thanks

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

Link to post
Share on other sites

The thing is the defendant are admitting that the charges are for a breach of contract.

 

As such, they have to be a proportionate penalty according to Lord Dunedin in Dunlop Vs New Garage. I have wrote a letter to the Judge with the following draft order for directions, the objection to any stay and the allocation questionaire.

 

1. The Defendant shall within 14 days file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

  • a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

  • b) Whether such charge is accepted to be a penalty, and if not why not;

  • c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

  • d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

  • e) Any witness statements.

  • f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

To be honest, it seems to me to be a no brainer, they say they are for breach if they prove that this is their costs, they win.

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

Link to post
Share on other sites

Hi guys I've also had the same letter.Do I have to notify the court that I have received it or do I send a copy of this to the courts.

 

could someone reply so we are not hijacking kelvid123 thread

 

please could someone let me know on my thread "nigel1804 now back for the rest"

 

I agree with Huckleberry, I wonder if they would use this as part of their disclosure

 

Regards

 

Nigewl1804

HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

Link to post
Share on other sites

Hi Kelvid

 

you heard anything yet.

 

Did you find out if your Court is still issuing the AQ.

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...