Hi Deathlord, purely seeking recovery of the ERC and Exit Administration Fees. Good luck sounds like you've already got the case wrapped up, as soon as the judge accepts it's a breach of contract, then you can prove it was a penalty. Keep in touch and let me know your outcome! Phill

Hi all I was in court this morning in my case against the Halifax for the charges that they leivied on my mortgage account at closure for an Early Repayment Charge of £3999.95. The judge agreed that the default judgement was to be set aside and a hearing has been set in the fast track before the end of the year. Is anyone able to offer any advise at this stage, the judge today said if I were to continue then it could set a precedent for others reclaiming ERC as well as Exit administration fees. My worries are obviously that if I now lose then costs could be awarded against me. However the judge was extremely helpful and appeared to show that he would like it to go to trial to settle the issue once and for all, in a similar manner to that of bank charges. If a moderator is available for discussion I wouldn't mind a quick chat if possible to see if I can move this issue forward.

Hi all I was in court this morning in my case against the Halifax for the charges that they leivied on my mortgage account at closure for an Early Repayment Charge of £3999.95. The judge agreed that the default judgement was to be set aside and a hearing has been set in the fast track before the end of the year. Is anyone able to offer any advise at this stage, the judge today said if I were to continue then it could set a precedent for others reclaiming ERC as well as Exit administration fees. My worries are obviously that if I now lose then costs could be awarded against me. However the judge was extremely helpful and appeared to show that he would like it to go to trial to settle the issue once and for all, in a similar manner to that of bank charges. If a moderator is available for discussion I wouldn't mind a quick chat if possible to see if I can move this issue forward.

The particulars changes have been accepted by the court but the hearing has now been adjourned until 10th September.

Hi Halifax have appointed a solicitor and applied for a stay on the judgement. Hearing is due for the end of the month, I've just strengthed the particulars of my claim in preparation and am awaiting further info.... Will leave further messages soon. Phill

Hi gizmo111, yep that's exactly what I mean a set aside hearing, no further information as yet although I am also about to resubmit a revised original application to the courts with further particulars, including references to additional points of law. Will continue to advise my progress. Phill

Hi all Thanks for all the messages, encouragement, etc. Sorry for all the delays in keeping you up to date, I'm fully aware that the Halifax and their solicitors are monitoring these threads. Currently the sequence of events is as follow: Gave the Halifax plenty of notice for issuing us with a full breakdown of how the £4000 early repayment charge, and £175 administration charge were calculated. Usual snotty letters back, not accepting, etc. Cheque for £25 arrived, rejected and returned. Raised court claim, for full amount, fees and interest. A few days into the 14 day notice period set by the court, the Halifax completed an acknowledgement of service, stating they would issue a defence within the next 14 days. I chased and chased the Halifax's legal department on the phone and kept reminding them when it was due to be issued by. No defence ever received! Judgement awarded in my favour by default. To be fair I gave them approximately 6 weeks to pay the approx £4500. Bear in mind they also had a 21 day appeal timeframe. I chased the Halifax on numerous occasions, almost daily. Spoke to Halifax's legal department, they stated it was there in front of them and would be passed to solicitors in time for a defence. Never happened, chased after appeal deadline had long passed. Still sat on the ladies desk at the legal department. Another week later, right before my payment deadline, letter arrived advising it'd be passed to their solicitors (small llp practice, usual quality, cocky, etc.) Numerous conversations with court offices, advised to issue warrant, did so on morning day after my deadline, at 8am only to be advised that they could not issue a warrant as the solicitors acting for the Halifax had requested a hearing for a stay (judges decision to be overturned). Still the usual blatant delay tactics, hoping that a precedent is set elsewhere. Stay hearing set for end of August at Southend County Court. Unfortunately I am away on holiday so have had to request in the last few days that an alternative date is set. However am hopeful that this will be earlish within September! Few tricks up my sleeve also, as have been researching and practicing law in different capicities for a number of years. Have been involved in large legal cases before, currently fighting 4 personally at the moment and 9 through work so am pretty confident that a few more precidents can be set. Although I may be slow to respond, (the Halifax really don't like me now, I think I even get a message come up when my card is swiped in the bank) I obviously don't want to blow my trumps cards too early, I will respond as soon as I have received my stay hearing and potentially the full hearing. Potentially as costs are now rising and it may pass the £5k figure, it may well leave the small claims track and go via a different route to enable a more precedient setting case. Will keep you all up to date. Phill

Many thanks, I was not aware of the fact they only had 21 days to appeal, the end of July was the date I set them to pay me by. Thanks again

Hi, Sorry for the delay in replying, I forgot to mention, it was by default as the Halifax never submitted a defence, they claim it was on their solicitors desk and they did not get chance to respond. They are still saying they will not pay at this stage but will be exercising their right of appeal. They have until the end of July, so we'll see!

Just thought that I'd drop a quick message to let you know that the court has entered judgement in my favour against the Halifax for a £4K Early Repayment Penalty and the £175 administration fee, plus interest. Halifax have played their usual games throughout, and still remain adament that they will not pay in full before the 31st July and that they may exercise their right to appeal. I'll keep everyone informed of my progress!

Guys Just thought that I'd drop a quick message to let you know that the court has entered judgement in my favour against the Halifax for a £4K Early Repayment Penalty and the £175 administration fee, plus interest. Halifax have played their usual games throughout, and still remain adament that they will not pay in full before the 31st July and that they may exercise their right to appeal. I'll keep everyone informed of my progress!