Halifax Credit card is it to late?

[inneedofhelpman]

any help appreciated again guys

[ims21]

I'll ask the more legal minded to have a look at the PoC for you.

[inneedofhelpman]

very kind

 

thanks ims

[citizenB]

Comment from site team

 

 

Looks pretty good to me' date=' but I think I'd mention the OFT investigation into CC charges in 2006. http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842.pdf[/quote']

[inneedofhelpman]

thank you citizen i will do

 

 

have found a useful site which guides me what to fill out were in the rest of the form which is good

 

 

does anybody have any experience in not paying the court fee?

 

"

You receive income-based Job Seeker's Allowance"

 

i currently do i presume i have to take prove of this to the court?

 

 

thanks

[citizenB]

Yes, you need to complete a form .. I think you will find the information you require in the link below.

 

http://www.justice.gov.uk/courts/fees

 

You will need to take proof of your benefits.

[inneedofhelpman]

thanks again that looks ideal

 

will post again tomorrow everything i have prepared to make sure i have not missed anything

[citizenB]

thanks again that looks ideal

 

will post again tomorrow everything i have prepared to make sure i have not missed anything

 

Yes, good idea to have someone check over everything for you.

[inneedofhelpman]

have received a letter from benefit office which shows my current payments received (had to be within a month for the court)

 

will post everything tonight and hopefully if it looks ok will submit tommorow

[maroondevo52]

have received a letter from benefit office which shows my current payments received (had to be within a month for the court)

 

will post everything tonight and hopefully if it looks ok will submit tommorow

 

[inneedofhelpman]

a few questions if i may

 

with the court forms is it ok to type the information then print and attach the particulars of claim on a separate sheet titled particulars of claim?

 

i presume i can leave the "in the " section blank? (court presumably stamps this?)

 

in the statement of truth is that for me to sign? the mentioning of solicitors confused me a bit (not hard i no) IGNORE THIS WORKED OUT WHAT IS WHAT IN THIS BIT NOW THANKS

Edited December 18, 2012 by inneedofhelpman

[inneedofhelpman]

and sorry is the defendant name halifax plc? or halifax credit card? and which address should i use?

 

thanks again all

[inneedofhelpman]

here we go any feedback taken please still need help with the ? above

 

"PARTICULARS OF CLAIM

 

 

1. The Claimant entered into an agreement (“The Agreement”) with the Defendant on or around xx/xx/xxxx, whereby the Defendant was to advance credit facilities to the Claimant under a running credit account, Account no xxxxxxxxxx ("The Account").

 

2.The Agreement essentially consisted of the Defendant providing the Claimant with a credit card (“The Card”) which would allow the Claimant to make purchases and receive cash advances on credit. In return the Defendant was entitled to charge interest at the published rate.

 

3.The Agreement was a Regulated Agreement for the purposes of the Consumer Credit Act 1974.

 

4.At all material times the contract was subject to the Defendant’s standard terms and conditions which could be varied from time to time.

 

 

Summary

 

5. Throughout the course of the Agreement, the Defendant has added numerous default charges to the Account for the Claimant’s failure to make the minimum payment on the due date and or for exceeding the credit limit and or if a payment is returned. (Full particulars are set out in schedule 2).

 

6.The default charges were applied in accordance with the standard terms of The Agreement which were:

a). A penalty payable on breach of contract and thus unenforceable:and

b) An unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 (“The Regulations”) and therefore not binding on the Claimant.

 

 

7. The Claimant is accordingly entitled to repayment of the sums wrongly added to the Account.

 

The Charges

 

 

8. The standard Terms of the Agreement in substance provided as follows:

(a) The Defendant would provide the Claimant with the Card. The Claimant was entitled to use the Card to make purchases and receive cash advances up to a credit limit (“the Limit”) set by the Defendant. The Defendant could unilaterally change the Limit by giving the Claimant notice in writing.

(b) The Defendant was entitled to charge interest on the purchases and cash advances at the published rate.

© The Claimant was to pay the minimum payment of 3% of the amount owed or £5 (whichever was the greatest) by the due date as notified in the monthly statements.

(d) In addition the Defendant was entitled to charge default fees (“the Charges”) where the Claimant exceeded the Limit, did not pay on the due date or had a payment returned. The Charges are currently £12 for each transgression. Prior to 2006 the Charges were not advised.

 

Penalty

 

9. The Charges were payable on breach of contract by the Claimant.

 

10.The amount of the Charges exceeded any genuine pre-estimate of the damage which would have been suffered by the Bank in relation to the Claimant’s transgressions.

 

11. In the premises the Charges were punitive and a penalty and thus unenforceable at common law.

 

The Regulations

 

 

12.At all material times the Claimant was a consumer within the Regulations.

 

13. At all material times the terms of the Agreement providing for the Charges were unfair within regulation 5 of the Regulations in that contrary to the requirement of good faith they caused a significant imbalance in the parties' rights and obligations to the detriment of the Claimant.

 

14. without prejudice to the burden of proof, the Claimant will refer to the following matters in support of the contention that the terms are to be assessed as unfair as at the time of the conclusion of the Agreement, and of each revision to the Standard Terms.

(1)The terms relating to Charges were standard terms; they would not be individually negotiated.

(2)The Charges were a penalty for breach of contract.

(3)The Charges exceeded the costs which the Bank could have expected to incur in dealing with the exceeding of the credit limit, late payment or returned payment.

(4) Accordingly the Charges were a disproportionate charge incurred by the Claimant for their failure to meet their contractual obligation and thus within the ambit of Schedule 2 (1) (e) of the Regulations and indicative of an unfair term.

(5) As the Bank knew, the Charges were of subsidiary importance to the customer in the context of the Agreement as a whole and would not influence the making of the Agreement.

(6) As the Defendant knew, the Claimant had no means of assessing the fairness of the Charges.

(7) In the premises, the effect of the Charges would be prejudicial to the customer who incurred them, and cause an imbalance in the relations of the parties to the Agreement by subordinating the customer’s interests to those of the Defendant in a way which was inequitable.

 

15.without prejudice to the burden of proof, the Claimant will contend that the terms imposing the Charges are not core terms under regulation 6 of the Regulations and relies on the following matters.

(1) The assessment of fairness does not relate to terms which define the main or core subject matter of the Agreement.

(2) The assessment of fairness does not relate to the adequacy of the price or remuneration as against the goods or services supplied in exchange (in other words, whether or not the relevant services were value for money).

(3) The Charges are correctly described as default charges by the Defendant in the key information provided to new customers.

 

16. By reason of the said matters the terms were not binding under regulation 8 of the Regulations.

 

17.The Defendant wrongly applied Charges to the Account totaling some £[xxxx] between [ xx/xx/xxxx] and [xx/xx/xxxx ]. Particulars appear from Schedule 2.

 

18. On [ date of your preliminary letter ] the Claimant demanded repayment of the sums wrongly applied.

 

19. The Defendant has not repaid them or any of them.

 

And the Claimant claims

 

(1) A declaration that the sums totaling £[ xxxx.xx] have wrongly been applied to the Account

 

(2) Payment of the said sum of £[xxxx.xx ] and interest of [£xx.xx] applied by the Defendant thereon.

 

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date in the sum of £[xxx.xx ], and at the daily rate of [ xx ] until judgment or sooner payment.

 

(4) Court costs of [ xxxx].

I believe that the facts stated in these particulars, comprising of x pages, are true.

 

Dated

 

 

 

Signed

 

 

 

 

 

 

Schedule 1

 

 

 

 

From Important Financial Information (April 2002)

 

1.1 We will decide your credit limit and tell you what it is. We may change it at any time and will let you know about any change. We will only reduce your credit limit if we have a good reason, for example, your circumstances change or because of our experience of the risks of lending.

 

 

1.4

We will send you a monthly statement, unless there has been no payments into or out of the account during that period and the balance on the account is nil. You must repay 2% of the amount you owe us, or £5, whichever is more.

 

4 KEY INFORMATION

 

4.1

We will charge:-

£12 each month in which a minimum payment amount that should have been paid remains outstanding.

£12 each month if, at any time during that month, you go over that credit limit.

£12 each time a direct debit, cheque or other item is not paid, including a cheque which you write.

 

Calculating fair default charges in credit card contracts

A statement of the OFT's position

April 2006

OFT842

 

1.6 On the analysis we have undertaken we have concluded that generally credit card default fees have been set at a significantly higher level than is fair for the purposes of the UTCCRs.

 

3.8 We have great difficulty in seeing any general damages that could flow naturally from exceeding a credit limit of a credit card agreement. We deal with possible special damages in paragraph 3.13 below.

 

 

 

 

 

 

 

Schedule 2

 

 

SCHEDULE OF CHARGES ATTATCHED."

[inneedofhelpman]

and final question for now

 

with the charges sheet do i update the "claim to" date to the day i hand in the forms at the court?

 

and i used the compound interest calculator spreadsheet from here is this the correct one

 

the claim is over £900 now so i am more determined than ever

 

thanks for all help

[inneedofhelpman]

i lied not a final question for now

 

i understand from reading other threads i have to take THREE copies to the court? do they have to be all originals? and is this correct

 

thanks

[inneedofhelpman]

anybody around this evening?

 

sorry to hassle i should have added WHEN (see not if) i win this case i will be donating for all the help received so far

[maroondevo52]

I'll try get someone to have a look.

[inneedofhelpman]

thank you maroon

[inneedofhelpman]

a gentle bump

[maroondevo52]

Hi,

 

Still waiting on a bit more input, a quote this morning........

 

Too much depth...nothing left for the latter process Case Summary/WS etc.

 

Make it short sharp and snappy...in fact make it vague...as all the Claimants do.

 

I'll get back to you later on tonight or hopefully another Mod will add their advice.

[citizenB]

Yes, you need to take 3 copies.. that is one original and 2 copies.. the court will keep the original and stamp and return one copy to you and send one copy to the Defendant.

 

I suggest you make one further copy and leave it at home.. just in case anything happens to the 3 sets you give the court !!

 

Your spread sheet should be made up to the date you hand it in court.

 

Have you looked at Shelley's threads to see how she has prepared her PoC ?

[inneedofhelpman]

thanks maroon and citizen

 

yes citizen my POC is mainly based on shelley's final POC

 

Will await further comment on making it shorter more snappy

 

thanks again

[inneedofhelpman]

oh yes and clarification on exact wording of defendant (halifax plc?) and address to state needed

[citizenB]

A suggested tidy up for you.

 

I would restrict it to this:-

 

"PARTICULARS OF CLAIM "

 

 

1. The Claimant entered into an agreement (“The Agreement”) with the Defendant on or around xx/xx/xxxx, whereby the Defendant was to advance credit facilities to the Claimant under a running credit account, Account no xxxxxxxxxx ("The Account").

 

2.The Agreement essentially consisted of the Defendant providing the Claimant with a credit card (“The Card”) which would allow the Claimant to make purchases and receive cash advances on credit. In return the Defendant was entitled to charge interest at the published rate.

 

3.The Agreement was a Regulated Agreement for the purposes of the Consumer Credit Act 1974.

 

4.At all material times the contract was subject to the Defendant’s standard terms and conditions which could be varied from time to time.

 

Summary

 

5. Throughout the course of the Agreement, the Defendant has added numerous default charges to the Account for the Claimant’s failure to make the minimum payment on the due date and or for exceeding the credit limit and or if a payment is returned. (Full particulars are set out in schedule 2).

 

6.The default charges were applied in accordance with the standard terms of The Agreement which were:

a). A penalty payable on breach of contract and thus unenforceable:and

b) An unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 (“The Regulations”) and therefore not binding on the Claimant.

 

7. The Claimant is accordingly entitled to repayment of the punitive charges added to the Account.It is therefore claimed that £xxxxxxxxx is refundable (Net amount) plus Compound interest of £xxxxxxxx.

And the claimant claims Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum from xxxx xto xxxxx to date of judgment or sooner.

[citizenB]

oh yes and clarification on exact wording of defendant (halifax plc?) and address to state needed

 

 

Could you clarify your question please ??