Emma Vs Halifax **WON**

[emmaf01]

I have just looked on MCOL and Halifax have entered a defence.

 

So on the saga continues. I can't wait to find out what it is.

 

Hi Hands2bfree!

 

I would try http://www.hmcourts-service.go.uk as they have a search for your nearest civil court.

 

Hope that helps!

[hands2bfree]

thanks emma, done that with your help ill file asap hehe!

[emmaf01]

Go get them! They deserve nothing less!

 

I am so looking forward to their defence!

[hands2bfree]

lol thats is they have a defence, the clerk on the counter said they have had thousands come their way and not one has gone to court!

[emmaf01]

Well, I got the defence today.

 

Points one to four seem to be a reiteration of terms and conditions.

 

Then:

 

5. Notwithstanding the foregoing, the Defendant has, without admission of liability refunded £*****to the cardcash account. This sum representsall the bank charges that the claimant has incurred in the last six years, together with interest and the court fee.

 

6.It appears from the Claim Form that the remainder of the claim £**** also relates to charges and interest but the claimant has failed to provide particulars as to how this figure was reached and the sum claimed is not supported by the Defendant's records.

 

7. On the basis of the matters p[leaded above, the defendant denies that it is liable to the claimant for the sum of £*** in respect of the balance of her claim or for any othe rsum, and the claimant is put to strict proofof the same.

 

Doesn't that seem a bit flimsy to anyone?

I supplied them with a spreadsheet and a normal schedule of charges, so isn't that clear enough?

 

So, I have my AQ to fill in, I'm in a fight with the NHS tomorrow and neither the NHS or the Halifax are going to walk all over me.

[hands2bfree]

from what i see if you have provided proof of charges from the 6 years and more it should be ok. im not sure what else you are claiming for. as that seems to be what its suggesting.

 

but your right it seems a little ambiguous in its terms and reasonings.

 

when is date for court?

 

hopefully someone with clever on their forehead will come along and give u professional advice, but be strong and positive!!

 

Lou

[emmaf01]

I just think it is a load of tosh.

 

I've provided 2 schedules of charges and a spreadsheet.

 

So that lists the charges/interest solely due to charges.

 

And as for their records not supporting these, well, they must be looking at someone else's statements, because mine are pretty clear.

 

Anyone done an AQ in response to this sort of defence?

 

I know they are bull*********g, but this is just silly!

[emmaf01]

bump

[Bigmac versus]

Hi emmaf01 return the AQ, they will pay up pretty soon id say i agree with hagenuk,

"I think what you have here is a perfect example of incompetence and ineptitude at work.

I am sure you are not fazed by any of this and you will continue with your claim, they will pay you, just like they have paid everyone else."

 

Need any help filling out the AQ?

[emmaf01]

Absolutely desperate for some help, thanks!

 

I've been through the templates, but I'm a bit stuck with section G- other information.

 

I know that I need to put about the cast taking less than one hour. But after that, is that the draft directions bit, or is that separate?

 

I know this is probably realy simple but all my claims have been paid out before this, so this is my first AQ. Not that I will let that stop me!

 

The info listed in the draft directions, is that the court bundle?

[emmaf01]

Bump

 

Can anyone help with filling in an AQ?

 

I'm getting a bit flustered!

[hagenuk]

Emma, you need to look here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html and come back and ask if any of this is unclear.

[emmaf01]

I've filled in the AQ, but I'm getting flustered about the wording of section G.

 

Are there any threads where someone has an example of the wording they have used? And what do I need to include in relation to the Limitations Act? I know I need to include this due to some charges being over six years old.

 

I know I'm being a bit dumb at the moment and asking for a lot here, its just that I seem to have lost my mojo!

They paid out most of it, but there is about £150 outstanding- I don't know what to do.

[hagenuk]

The AQ is not intended to allow you to argue points of law, it is merely to be used as a guide to the Judge when he/she decides on allocation to a particular track, hence the name.

 

Regarding the Limitation Act, if the defendants want to rely upon the Limitation Act then it is they who must raise the issue and plead it. There is no duty on the claimant to refer to the Limitation Act in any way. Even the court does not have a duty to refer to it if the defendants have failed to raise the matter for any reason including oversight. From what you have posted above in #52, they have not even mentioned it.

 

Regarding Section G, look here http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

[emmaf01]

Thank you, hagenuk- you save the day- as ever!

[emmaf01]

Right-so I've printed out the draft directions, section g info. Thank god for this site- I wouldn't have managed to do any of this stuff without it!

 

So, as my claim is for less than £1500, is there no fee payable for the AQ?

[hagenuk]

Correct.

[emmaf01]

I know I'm being finicky about every little detail- but I'd rather be like that than make an obvious mistake at this stage of the game!

[emmaf01]

I sent the AQ off on Thursday, with the draft direction from the link above, and copies of all to the Halifax.

 

So, is anyone else at this point, or if you have been previously, what generally happens next? Do I just wait for a court date? Has the Halifax been turning up?

 

The defence they have put forward is insane (see post #52)- there seems to be no real reference to the Limitations Act- they just seem to be stating their terms and conditions, and that they have no record of other charges. I don't understand what they are trying to do. Their statements show the charges loud and clear!

[emmaf01]

I have started preparing for court.

 

It is highly irritating, especially with their "inexpert" defence- well, if you came up with that defence, and you had a whole legal department supposedly composing it, anyone would be a bit shamefaced about it, IMHO!

 

But I suppose that is better than having to go up against a sterling, expert defence!

[emmaf01]

So, they must have got my AQ today... Does anyone know how long I should wait to hear from the court/the Halifax?

[emmaf01]

hasn't anyone else got this far? Someone must have- I can't be the only person to have to do an AQ for the Halifax?

[Bigmac versus]

There have been others, i would expect settlement pretty soon, may be once the court date has been set, on the home run now honestly.

[emmaf01]

Oh God I hope so- I've since found 4 charges from 1998- 2000 which I want to claim back!

 

So I am waiting until this is finished before I start on them- that is the correct way, isn't it?

[hagenuk]

Hi Emma

 

Halifax tend to pay out once the AQ is filed and a court date set, as Bigmac has said, you are almost there.

 

Regarding the new charges, in order to add them, you would need to amend your claim and you would suffer major delays if you chose to attempt that.

 

Any delays you may now suffer will be down to the court and how busy they are.