Khalid302 v Halifax **WON**

[barracad]

Well that isn't relevant unless you are using form N1. For a start, you can't attach a schedule of charges.

 

In the templates library there are guide notes to completing the Moneyclaim form. Work from these guidelines and you should be able to fit it all in the space available. If not, let us know.

[khalid302]

Doh! Sorry for your trouble. Will have another look in the template section. Thanks again.

[khalid302]

Urggghgh Confused! Does this sound ok?

 

I have a contract with the Halifax Bank dated from 15th September 2000 and which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. Halifax charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contract) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I have repeatedly asked the bank to justify their charges but they have declined to do so.

I claim also interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 31st October 2002 to 18th July 2006 of £1904 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of

 

Im really confused about the last section. Somebody help please! It really is doing my head in. Total charges are 1904, interest at 8% =s 260.23 = total claim is £2164.

 

Many thanks

[Michael Browne]

I claim also interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 31st October 2002 to 18th July 2006 of £260.23 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.06p

 

Im really confused about the last section. Somebody help please! It really is doing my head in. Total charges are 1904, interest at 8% =s 260.23 = total claim is £2164.

 

 

Daily rate is charges x 0.00022

[khalid302]

Daily rate is charges x 0.00022

 

THank you very much.

[khalid302]

Havent completed moneyclaim online as of yet, recieved some bad news so been busy with family. Will do when I get a chance, probably monday. I recieved a letter from Halifax this after telling me that they wouldnt be raising their offer or offering the full amount so I should make a claim just so i would lose more money. That is exactly what they said, B$%**~#s. Letter said they would like to now offer me £507. Makes you wonder, they really dont know what they doing. Gits.

[khalid302]

Can Somebody please check this and see if its ok? I am completely my moneyclaim now and this is what I am going to write in the particulars of claim section. I just want to make sure. Many thanks.

 

I have a contract with the Halifax Bank dated from 15th September 2000 and which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. Halifax charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contract) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I have repeatedly asked the bank to justify their charges but they have declined to do so.

I claim also interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 31st October 2002 to 23rd July 2006 of £262.32 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.06p

[khalid302]

That is 1126 letters! Darn it

[khalid302]

Anyone?

[barracad]

I have a contract with the defendant which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. Halifax charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contract) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I have repeatedly asked the bank to justify their charges but they have declined to do so.

I claim also interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 31/Oct/2002 to 23/Jul/2006 of £262.32 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.06

 

Does that fit?

[khalid302]

It fits in terms of letters but is 25 lines. This money claim is a nightmare, whats a line! But I think Barracad your halo must be getting heavy. Thanks.

[khalid302]

I have tried everything pretty much now, think I better contact moneyclaim tomorrow as it won't let me for some reason. Even tho I managed to get it on to 24 lines.

[barracad]

Take out the carriage returns before and after this line:

 

I have repeatedly asked the bank to justify their charges but they have declined to do so.

 

Hopefully that should do the trick!

[khalid302]

It done the trick, but guess what?!! THey dont accept visa electron! urrrgggh.

[barracad]

No they don't unfortunately.

 

Have you got an alternative card you can use?

 

If not you're going have to start again with an N1 and pop down your local court to submit the claim.

[khalid302]

Nope, Dont they accept a cheque? If not I'll just use my sisters card and pay her. Have to wait till tommorrow now.

[barracad]

Yes your local court will accept a cheque payable to 'HM Paymaster General' if you complete an N1.

[khalid302]

Made the claim today, Here to hoping.

[khalid302]

Recieved letter from court stating procedure etc. Claim was issued on 25th July and was deemed recieved on the 30th July. They have till the 13th August to reply otherwise I will pass judgement. I am aware that they may acknowledge the claim which will give them another 28days. Starting to get itchy feet, normal panic that most people have or will go through thinking my case will be the one that they defend in court. Shall I call them, see if they will pay my money sooner?! I know that I shouldnt get into a telephone conversation with them about it but I just really would like the money back! Ofcourse I won't take anything on face value, will want it in writing that they are (hopefully god willing) going to pay it back before I stop the claim etc. Anyone got any ideas? Has it helped other people who have put in a claim to recieve their money sooner?

 

Many thanks

[khalid302]

Should really listen to people on here and my heart for that matter. decided to call them as am really skint, spoke to customer services and charlie said that they had many many claims and the legal department were shifting through them all. Asked for the claim number so he could forward it on, so the legal department would meet the deadline on the 13th. If I kept my mouth shut could of just passed judgement and got my money sooner. So word of advice for new people, stick to your own deadlines and dont ever call them, it could do more harm than good!

[khalid302]

They still have not acknowledged my claim! They have till the 13th (sunday) Just a bit confused as most people are having them acknowledged and then getting letter stating they are paying out. A question, if by sunday I have not recieved anything, I click on moneyclaim pass judgement by default etc, how does the money come back to me? Does the courts arrange it or will I have to call them and say they have exceeded the time limit?

 

Many thanks for any help

[AJG1969]

kHALID, I am at exactly the same stage as you. Phew- was getting a bit worried myself- had posted earlier on - but no replies.

 

Halifax haven't acknowledged mine either and they only have until Sunday-

 

My hubby said to sit tight and not worry - as once the 13th comes we can pass onto a judgement.

 

Keep in touch if you hear anything!!!!

 

Amanda

[khalid302]

how does the money come back to me? Does the courts arrange it or will I have to call them and say they have exceeded the time limit?

 

Many thanks for any help

 

Anyone?

 

thanks

[khalid302]

Have not heard anything, have till tomorrow to acknowledge claim however I'm thinking they wont be working sundays, plus they will have to acknowledge it in writing? Does no one know if the courts arrange the money to be given back to me or will I have to call them?

 

Please help

Thanks

[AJG1969]

Hi, I am at same stage as you and the clock is ticking for tomorrow. Jusgement day.

 

If you go onto MCOL there is a section in the help bit with questions and answers. It states if the defendant ignores your claim and the 14 days have passed then you can click/start a judgment and you decide how you want your money paid. IE one lump sum installment(dont think so)etc. it also states that you can claim the 8% extra int up to judgement.

 

I think once judgement is passed the Halifax will have to cough up!!

 

Hope this helps Amanda