Lisa1977 V Halifax

[lisa1977]

Right Guys I am filling in my Money Claim form & as i am not claiming the interest is the following ok ...

 

1. The Claimant has an account ******* with the Defendant, opened 03/03/97.Since 31/05/01 the Defendant debited charges and interest in respect of purported breaches of contract.3.Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £367.00; Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

I have obviously edited it to suit but want to know if i have deleted anything that is vital ? Also what do I need to do to claim back the postage fee's & court costs as I cant see anything in this paragraph that mentions that ?

 

also what do I put in these boxes ?

 

Does or will your claim include any issues under the Human Rights Act 1998?

Yes No

Do you want to reserve the right to claim interest?

Yes No

 

And as far as the fee's paid for the recorded delivery letters I have added this too, can anyone confirm this is ok ?

 

8.Other amount to include 3 letters sent recorded delivery at £4.10 each letter. This amounts to £12.30.

 

Thanks so much guys

__________________

[blueskies]

The above looks fine but can I ask why you are not claiming for interest?

 

You should be claiming, at the minimum, the 8% County Courts Act interest. If this is due to difficulty calculating this then I can help with the spreadsheet if you PM me.

 

You need to tick the no box for human right issues.

[lisa1977]

Thanks so much for responding. I checked with mods if it was ok to continue without claiming interest. as long as I get back the amount of charges alone I am not too worried about the interest. If you think it will affect my claim then I will have to tackle how to do this..maths isnt my hot topic ! What info would you need for you to work this out hon ?

 

thanks again so much

[lisa1977]

Ok, Money Claim form all done & dusted now..

 

what happens next then guys..?

[lisa1977]

***BumP**

[sarah13]

you wait to hear. i didnt use moneyclaim myself as i am fee excepmt but i believe you can log into moneyclaim and check progress online.

[katesage]

Hi Lisa

 

The waiting game begins! You'll receive a letter pretty soon, usually stating that NW have acknowledged your claim and intend to defend. If they don't acknowledge within 14 days of being served then you could go on to win by default.

I got my acknowledgement within 5 days!

But have just received an offer............

 

you didnt say whether you ended up including the 8% Court Interest, I ask because Moneyclaim 'almost' forces you to include it in their online form!

I understand why you didnt bother to include your 'other' interest, I didnt with mine because it came to less than £40 but the 8% interest was over £400, so it should always be included.

 

Good luck

 

xx

[lisa1977]

Well I looked at the status of the claim yestera=day & I messed up the form. In error I entered Halifax address in the box where my address goes..so my address wasnt even on the court form. I now have to pay £35 to cancell tat claim & re-issue it ..I knew I would mess it up doing it in a rush at work !

 

nevermind

[katesage]

arrrrrrrrghhhh!

 

how frustrating! keep on plugging away, you'll get there!

 

good luck

[lisa1977]

Thanks Kate

[lisa1977]

Now cancelled the original claim & re-issued the correct one - now just a waiting game !

[lisa1977]

Ok new corrected form has now been sent !

 

I have also sent a schedule of charges to the court & another to the bank !

 

Just gotta wait now

[lisa1977]

Hi Lisa

 

The waiting game begins! You'll receive a letter pretty soon, usually stating that NW have acknowledged your claim and intend to defend. If they don't acknowledge within 14 days of being served then you could go on to win by default.

I got my acknowledgement within 5 days!

But have just received an offer............

 

you didnt say whether you ended up including the 8% Court Interest, I ask because Moneyclaim 'almost' forces you to include it in their online form!

I understand why you didnt bother to include your 'other' interest, I didnt with mine because it came to less than £40 but the 8% interest was over £400, so it should always be included.

 

Good luck

 

xx

 

Hi Kate,

 

I did include the interest in the end..It worked out to more than i thought £77. Better than nothing !

 

thanks

[lisa1977]

Do I have to do anything more then or just wait & keep checking MoneyClaim for the status ?

 

Also looking at the Bank Charges Survey Refund Results..

 

Can anyone tell me what the DPA section means pls ?

[katesage]

hi lisa

 

you can check moneyclaim, but the real info will come thru the post. acknowledgement (maybe) defence (probably!) etc. don't worry you'll be kept informed. its only a matter of time b4 u start receiving charming letters from cobbetts!

 

on the survey results, the dpa bit is how long each bank took to send statements.

 

xx

[lisa1977]

Thanks so much Kate

[lisa1977]

Guys my Moneyclaim has been Issued.

when i click on 'start' it says this..

 

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.

 

Do I need to do anything with this as yet ?

[lisa1977]

Ignore me I have now read it properly & I now realise that I have to wait & se what (if anything ) Halifax intend to do !

[lisa1977]

Ok Money Claim Acknowledged on 11th October. What do I need to do now just wait ?

[lisa1977]

bump

[katesage]

Wait for their defence! They like leaving it till the 11th hour so work out 28 days from when they were served and you should get your defence on day 27/28!!

 

well, thats what they did to me and q a few others:D

[lisa1977]

Thanks Kate

[lisa1977]

Got a letter yesterday to say Halifax wish to defend all charges !!

 

See you in court Hell-i-fax