STAY LIFTED..YIPPEE..Court date in MAY.

[Its WAR]

I issued my summons in 2007 and it was stayed. The court have now listed it for a hearing in May (Small Claims track).

 

I need to amend the particulars for my £1000 bank charges and interest. Although maybe most of these charges will fail Bank Fodders test, some of them will pass.

 

However, since the original particulars were drafted I have had a few additional instances which I could add to the particulars.

 

1. The banks refusal to enable me to close the account and I have had to suffer their new charging regime, maybe I can add the daily charges.

2. I have mad a number of cheque payments into the account, the cheques were filed in a drawer rather than be credited. I had to fight to get those particular charges refunded. But Halifax refused to compensate.

 

I believe that even if the court refuse most of the charges, as long as they allow some of them, I will win the costs of my action.

 

However, I guess I should be angling (same as a few years ago) for a goodwill payment to drop the case. My overdraft is now stuck at around £1500, I have managed to pay off £2000 recently trying to get into a lower daily rate.

 

So, I am white and white moves first. Whats my first move? I reckon amending the particulars.

 

Any good drafts available?

[Undercover-Elsa]

Check this out, should help

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/248268-sheriff-puts-bank-scotland.html

 

Good luck,

Elsa x

[Its WAR]

I now have now found a few letters where Halifax have said,

 

" We apply charges because......, this means additional work......, as a result we feel it is reasonable to charge for this service"

 

So this creates an unfair relationship as they are explaining that I must pay a fee for their work which is commesurate with the price of that work. Rthather than in payinga an amount which they now claim supports their revenue stream in funding free banking.

 

Also, I have tried to switch my account (Pre £1 a day new fee structure) to a non monthly fee account. (They were charging £12.50 a month). They refused. So I have a bunch of monthly fees. Does this support a further point of unfair?

 

I need to list the instances of unfair activity in order to amend my POCs. I really could use a look at GLCs.

 

I have applied to have the case stayed until after GLCs hearing, but if I cant get a stay, I will be in Court in May and that is dumb.

 

Any advice?

[Its WAR]

Any advice out there? Is it wise to have the hearing before Govans or to apply for a rescheduled hearing date (cost £40)? If I decide to have the hearing in May, I need to revise my particulars first and risk getting them wrong. Of course, I will still have to revise them after the Govan hearing. But its my opinion (if Govan lose, there is no pint in continuing the fight).

 

This is why I believe it better to reschedule.

 

What do you think?

[Its WAR]

I applied to reschedule the hearing and paid the £40 application fee. The court have now said that if the defendant does not agree by 5th May to have the date vacated, the hearing will continue in two weeks time. If they do agree to vacate the date, the claim will be stayed.

 

Whats my next move?

[Its WAR]

Letter from Halifax today saying that I will lose my overdraft if I do not pay my salary into my account. I guess if they remove the facility, they will be able to call the overdraft as all unauthorised and charge me £5 a day.

 

Just another unfair practice designed to allow them to exercise the terms of the agreement which allows overdrafts to be withdrawn at their will.

 

Of course its easy to pay in my salary and immediately withdraw it again.

[MRS_P]

Letter from Halifax today saying that I will lose my overdraft if I do not pay my salary into my account. I guess if they remove the facility, they will be able to call the overdraft as all unauthorised and charge me £5 a day.

 

Just another unfair practice designed to allow them to exercise the terms of the agreement which allows overdrafts to be withdrawn at their will.

 

Of course its easy to pay in my salary and immediately withdraw it again.

 

Bump