We Won

[nigel1804]

Anyone know do I send my halifax visa claims direct to the Dunfermline office and is it the exact same proceedure?.Regards Nigel

[nigel1804]

Can we claim for late payment fees on visa's?Regards Nigel

[barracad]

Yes you can claim for late payment fees - please read the FAQs thoroughly - this question and many others are in there.

[nigel1804]

Cheers baracad,everytime i've searched visa claims nothing is found am I doing something wrong when searching FAQ's.regards Nigel

[barracad]

The FAQs are below the welcome forum and look like this:

 

FAQs :::::::::::::::::::::::::- PLEASE READ THESE FIRST!!! -::::::::::::::::::: (7 Viewing)

Frequently Asked Questions. Case guidance etc. Instructions on how you can Reclaim the Right and get your bank charges refunded.------::::::----------- This forum will appear to be private if you are not registered.

 

Please have a thorough read through all the information in there. It is important you are well prepared if you want to successfully reclaim your charges.

[jonni2bad]

I read with interest the answer to "stadium arcadiums" possible severing of claim.Now for some one who has £3000 in charges for the last six months could you point me towards people on this execelent site who have done similar claims (you can imagine mine after 6 years:evil: ). I'm reading around like mad and you answered one of my messages saying thyt it had pro's and cons over £5000 and again different over £15,000? what are these please.This bank has pushed my family and I into poverty you can never get out of the situation cos there fees take your money instead of paying the bills......yea I know ....we all been there. Just waiting for statements and I'm looking at one big case rather than several small ones, whats £750 to thousands and thousands.regards Nigel

 

Hi Nigel - it's best if you just post your questions here (unless they are of a really personal nature.

 

Track is the key to your question. The court process is split into 3;

Small claims track - typically for claim values of £1 - £5,000

Fast track - typical values of £5,001 - £15,000

Multi track - typically for values of £15,001 or more

 

The complexity of the case will also hold relevance to the choice of track, so claims above £5k could still be heard as a small claims track (although costs may still be awarded) and claims above £15k could also be heard on a fast case basis, for example.

 

When allocating a case to fast track, the court will give directions for the management of the case and set a time table for the steps to be taken between the giving of directions and the trial. When giving directions the court will also either fix the trial date or a period (not exceeding three weeks) within which the trial will take place. The standard period between the giving of directions and the trial will be not more than 30 weeks. The amount of costs recoverable in fast track cases is strictly limited. For example, the maximum basic trial costs that may be awarded is £750 for cases where the value of the claim exceeds £10,000, plus an additional £250 if the court considers it necessary for a party's legal representative to be present in addition to an advocate .

 

Multi track claims involve claims that seek awards that value more than £15,000 pounds or court cases that will result in a lengthy trial with considerable documentation. Multi Track cases are typically handled before the High Court, but can be heard at County courts too. Unlike the standard small claims and fast track cases, claimants will find multi track cases far more complex - significant documents will need to be filed and the expected trial would normally result in more than one day of examination.

 

Essentially, the court determines how the course of the claim will be run, right down to the slightest of details. A timetable is established and the solicitors for the claimant and the defendant will meet with a procedural judge at a case management conference to establish all of the particulars. A timetable is established so that the claim can be addressed and resolved in the fastest amount of time that the court can process the claim.

 

After the directions have been established, if the defendant and the claimant have not settled their dispute, they may be called a preliminary hearing if the judge deems it necessary. Typically, a preliminary hearing will consist of both parties receiving special directions from the judge or a judge may feel that the case is not strong enough to be presented in court and they will then strike the case.

 

If the case is not stricken, the case will then proceed to a full hearing.

 

Multi track claims can be handled a number of ways and the judge may decide that the case will be heard on the basis of documents alone (referred to as a paper adjudication); whether the testimony of expert witnesses may be required or allowed, and the judge may predetermine how much time each solicitor has to argue their case. Ultimately, if a judge does not rule otherwise, a claimant’s case will be public.

 

Multi track cases are resolved as quickly as possible and if the claimant receives a judgment in their favour they are often entitled to court fees, compensation for lost earnings, travelling expenses (within reason), and the cost of expert testimony.

 

In short, the higher the trach, the more complex the case is likely to be, the higher the cost of both starting the claim and for each subsequent stage after that (Allocation Questionnaire / Hearings etc) and the higher the potential end costs awarded to the winning party.

 

But - and all importantly - claims heard as fast or multi track WILL be given Standard Disclosure. This is the standard direction from a judge that will effectively force the bank to produce evidence of its charging policy, pricing structure and costs. If any bank is prepare to go to court (actually attend a full hearing rather then just play act) and disclose this information, then the case should be clearly obvious - either their costs are not the same as the charges - in which case they are unfar and you should win, or they ARE the same (or very close) in which case we can all get our coats - pretty much game over.

[nigel1804]

Hell fire!!!! maybe the banks would chicken out if someone did take them down this route,because this would really set the cat among the pigeons the flood gates would open.has this been done before and have people won multiple claims in small claims?would I have to do it upto £5000 at a time and state in my letter that this was for a certain time period say 10 july 2000 -the time when my charges got to £5000, surely that would be judged on that time period?. Once that was settled the second case would then be from that point to the next £5000.different case different time period.Now is it small claims upto £5000 with the 8% or say £4650 + 8% in otherwords can we claim the full £5000 before the courts 8% for it still to be heard in small claims.Also when I do my initial claim to the bank for the charges back do I ask for the full amount or just the amount that I would be taking them to court for at that time?.thanks for being there Nigel.

[nigel1804]

How can I book mark my thread so that I can find it easyer.Regards Nigel

[saxon]

hello. click on thread tools then on subscribe, there is then something else in order to confirm it, then keep checking your user cp or emails for updates

[nigel1804]

Cheers saxon.I read you have an acknowledgement from the halifax of receipt of the letter I sent mine on the 10/7/06 and haven't got one yet patients I suppose.regards Nigel

[nigel1804]

just checked my account 22 may -22 july bank charges totaled £721 and everytime they took out my charges it was them that took me over my overdraught so the charges are on again ...and again ...and again and so the spiral carries on.No wonder I can't survive on my tax credits. :mad: :mad: come on halifax bring on my statements.

[jonni2bad]

Nigel - you have to be aware of seveing your claims. It is possible (perhaps unlikely, but who knows?....) that if you claim in chunks of £5,000 that the bank will argue in the 2nd chunk claim that you had deliberatley altered the value of your 1st claim in order to avoid the issue of 'track'. This could seriously harm you, possibly even having the effect of stopping further claims- and there is a lot of money at stake here.

 

Also, the £5,000 limit for track purposes does not include 8% interest.

[nigel1804]

Have people done the track way yet I haven't yet seen any.you see i thought that averaging my typical last 2 months it brings me to around £26,000 in possible charges.Now I know this you can't tell until you have actual figures but for someone whos had extensive amounts of charges it is a possibilty.So if this is the case are you saying to me "see you in the High court mr Halifax?"How does this affect me tax wise is it taxable if I won?I don't like the public bit in all this multi track.HELP!thanks Joni2bad.

[BaldyBaldwin]

if you are on the paye system and your wages are paid into the account on which the charges are levied then any amount won back should not be taxable as you were originally taxed at source

 

good luck kevluff

[nigel1804]

Ok after receiving my statements charges worked out at £7,314 so how do I play this?ANYONE?do I sever it into two like £5000 and £2,314 or do I track it?anyone gone down either route?Help would be appreciated.Regards Nigel:confused:

[clayts]

Yes, split the claim in two, but only do one at a time, otherwise the Halifax could ask for the two claims to be combined, putting you over the small claims limit. Unlikely, admittedly, but best not to run the risk.

 

Wait until the first one is over before pursuing the second one seems to be the standard advice here.

[jonni2bad]

Once again, I would urge you to consider the possibility of the second claim being struck out. It will be obvious that you had severed claims to avoid fast track - banks may now be much wiser to this.

 

Other people have certainly claimed over £5000 (several in excess of £10k) and the same results gained as everyone else.

 

My advice is to claim the full amount in one go.

 

Any court hearing you might eventually face will potentially have a public audience, but it is very rare that anyone would pay a visit to court to watch a totally random case. By far the greatest percentage of cases heard have the Judge, the defendant and the claimant only.

[nigel1804]

Hi again,thanks to all for your advice.I've been working away alot so its difficult to keep track online so whence the late delay in conversations.If I claim in the fast track way does it take longer for everything to get going and is it hte same letters i use for each step.If it got to court would it not be in my favour to use the thousands of people on here that have been settled out of court to use them as previous cases in my favour as well as the unfair amount of the charges?.They have just sent me a duplicate set of statements:-x what a waste!.so just to confirm I now send the letter basking for the return of the monies?.regards Nigel

[nigel1804]

my statements have gone back to December 1999.do I include these in the spread sheet or do I start from the 10 july 2000 which is when I first claimed for my statements that being exactly 6 years and then put the (anything back to december in the brown bit at the top of the spread sheet).I'm going down the fast track method will this take longer?I believe the costs are not as bad as for the above £15000 court case is that right.regards Nigel

[nigel1804]

letter arrived saying my statements for the visa accounts have been ordered along with £10 cheque as only 1 cheque is required for both the accounts with the two visa accounts.Usual manual intervention HBOS are under no statutory obligation to keep records of this info and that they were unable to assist me with this info..........blah ........blah ......blah.Phone call asking me if I would like a loan to help pay off my Visa accounts at a lower rate than the visa cards are charging. Me thinks not really love I'll pay it off when you return my illegal charges back:D .Done my list of charges can we only claim back the interest when we are overdrawn at that time?thats how it has calculated it on my sheets.Regards Nigel

[nigel1804]

OK.LETTER DONE ASKING FOR MY £7,303 IN CHARGES BACK AND £103 IN INTEREST.i'VE PUT MY ACCUMULATIVE SHEETS IN AS WELL.SO IS THAT IT.IF ITS GOING TO COURT IN TRACK SYSTEM IS IT THE SAME PROCEEDURE AND ARE THE COURT COSTS ONLY UP TO £1000 MAX.AND HOW MUCH DO i HAVE TO PAY TO THE COURT INITIALLY?REGARDS NIGEL:confused: :confused:

[alanfromderby]

It is exactly the same process as for small claims - the track is allocated later in the process. It takes the same amount of time. The issue cost is £250.

[nigel1804]

Does it matter that I've asked for a certain amount in my LBA with spread sheets because since then I've been charged again,so can I add it onto my moneyclaim if it goes to court? Or, would I have to take out another claim against them?regards Nigel.

[nigel1804]

Hi can anyone just confirm what I can claim for on my 2 halifax visa accounts.is it late payment fees and overlimit fees?anything elsethanks Regards Nigel

[jonni2bad]

...so can I add it onto my moneyclaim if it goes to court? ...

 

Yes.

 

Credit card charges - what else have you been charged for?