Me Vs Halifax

[stonedecroze]

The daily rate is as Tilly stated.

 

0.00022

 

You are quite right again, as usual SSL. not enough fingers to get all 0`s in, will amend my post.

[sea-sidelady]

[overflow]

Been sittin on thumbs again Stone . That why your fingers aint workin right.LOL;)

 

Three copies of everything Fullick as stone says and then your with us all playing the waiting game.

 

Good Luck will be watching your progress.

 

Regards

[**Tilly**]

hi fullick any proplems just shout theres always someone around

[sea-sidelady]

As you have just seen.....

[Fullick]

Sorry to be a pain again but i think im almost there, just wanna double check.

 

I need 3 copies of N1 & 3 Copys of List of Charges.

 

Then what go into my court with the 6 docs and pay them £120 then sit back and wait?

 

Im sure im missing something but im really not sure lol

 

Thanks for all the help and support

[**Tilly**]

hi fullick you also need 3 copies of your particulars of claim

## New POC for N1 Halifax ##

 

any problems just shout

[Fullick]

Oh i thought that was the N1 lol where do i get that from the court?

[**Tilly**]

hi fullick here is the link

http://www.hmcourts-service.gov.uk/c...ms/n1_0102.pdf

[stonedecroze]

hi fullick here is the link

 

 

 

http://www.hmcourts-service.gov.uk/c...ms/n1_0102.pdf

 

 

That link takes you to a Pdf. file, you can fill it out, but not save it so print 4 copies extra 1 for your files til you get your copy back from court. that way if it gets lost you still have copy. belt and braces, LOL

[Fullick]

So i been in a spot of bother money wise this month and havnt been able to get to the court to apply for my case. I get paid friday and am heading into the city where the court is. So if i go in and apply will my case still be valid or will i have to start again because of my time delay? im about 3 weeks late filing for court action.

[**Tilly**]

hi fullick

it will be fine to file on friday if i remember rightly my own claim was over 2 weeks late going in so go file your claim:D

[sea-sidelady]

There is not really a time limit on when you should file. I know some one who has just filed 10 months after the lba was sent in.

[Fullick]

Wow thats a relief Lolz

 

I was getting worried i would have to start from prelim again, Phew "Wipes His forehead"

[sea-sidelady]

[Fullick]

Hehe im sorry but i got a few questions trying to get my head around these forms.

 

Do i leave the Claim No. Blank but leave space for the No. to be hand written in by the court?

(1) A declaration that the sums totalling £[xxxx.xx ] have wrongly been debited from the Account

 

(2) Payment of the said sum of £[xxxx.xx ] charged by the Bank thereon.

 

I dont understand the second line, i only have lists for the charges

 

Im claiming £5387 so that makes my court fees £225 right?

 

 

 

Sorry for the long list

[sea-sidelady]

Do i leave the Claim No. Blank but leave space for the No. to be hand written in by the court?

Im claiming £5387 so that makes my court fees £225 right?

Sorry for the long list

 

That wasnt a long list.

 

The court will allocate you a claim number, so leave that blank and leave room.

 

(1) Your total

(2) Your total

 

Yes your court fees are right.

 

Any worries it is better to ask. As it can cost you money to fix a problem later. So you just ask away....

[Fullick]

Thats Great Thank you ^^

[Fullick]

Hi Guys!!!

 

I'm gonna have to hold my hands up and say that i slacked!!!!

When i was about to file i found out that my local court were automatically staying cases and i didn't file

 

I haven't really kept up to speed on whats going on which is a fault on my part but my life has been a bit mental recently :S

 

I was just wondering where i stand now and the best course of action to take to get things up and running again?

 

Thanks for your patience.

 

Fullick

[**Tilly**]

Hi Fullick

 

You can go and file your claim don't forget you can add charges on right up

until you file in court

 

 

 

 

Tills

[Fullick]

It doesnt matter i got the rest done in october?

[**Tilly**]

If you haven't already filed then you can redo your N1 and poc, amending the dates

charges and interest.

[Fullick]

Sweet Thank you :)I'm Going to get straight onto it =D

[**Tilly**]

Go get em Fullick

[Fullick]

Me again

 

I tried to find the page for the New N1 for halifax but its a dead thread, i still have the old one would it be ok?

 

My Name

My Address

 

Halifax Bank PLC

Trinity Road

Halifax

HX1 2RG

 

Money claim for return of penalty charges applied to the Claimants bank account by the Defendant

 

Charges £5566.00

Interest under s.69 County Courts Act 1984 £1117.63

Court Fee £225.00

 

TOTAL £6908.63

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £1.37 per day OR at such rate and for such periods as the court deems just.

 

1. The Claimant has an account ****** ("the Account") with the Defendant which was opened on or around October 2001.

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £5566.00 and any interest charged thereon;

b) Court costs;

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 01/05/2002 to 16/04/2008 of £1117.63 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £1.37

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

Date:

 

Is this ok, and i take 3 copies of this 3 copies of POC and 3 copies of statement into court yeah?

 

Thanks again for putting up with my noobness!