Kelvid123 v Halifax HELP! now filing at court

[Kelvid123]

Here is how Halifax defence is worded:-

 

1. Save as is specifically admitted in this Defence, the Defendant denies each and every allegation set out in the POC.

 

2. It is admitted that the Claimant had an account with the Defendant, numbered XXXXXXXX & XXXXXXXX ("Account").

 

3. At all times, the Account has been subject to the applicable terms and conditions ("Conditions"), which form part of the contract between the Claimant and the Defendant and to which the Claimant agreed when he opened the Account. Under the Account Conditions, the Defendant is entitled to apply charges to the Account, inter alla and so far as is relevant to this claim, for;

3.1 each calendar month when a debit balance on the Account exceeds any authorised overdraft limit;

3.2 refusing to honour payment instructions issued by the Claimant where there are insufficient funds available for withdrawl from the Account (after taking into consideration any authorised overdraft limit);

3.3 honouring payment instructions issued by the Claimant where the overdraft limit has already been exceeded, or is exceeded as a result of honouring the payment instruction.

 

4. The Defendant will contend that the Claimant received a copy of the Conditions and the said Tariff Charges.

 

5. The Claimant appears to be claiming charges applied to the Account since August 2001. By vitue of the Conditions referred to in paragraph 3 above, the Claimant was in breach of Contract and the Claimant became liable to pay fees to the Defendant in accordance with Tariff of Charges applicable at the relevant time. In accordance with the Conditions, such fees were debited from the Account.

 

6. Further or in the alternative, even if it is said that the Claimant did not breach the terms of the Conditions referred to in paragraph 3, the Defendant was entitled to Charge the fees in accordance with the Conditions and the Tariff of Charges applicable at the relevant time, and the charges were reasonably applied for the agreed banking services.

 

7. In view of the facts and matters referred to in paragraphs 3,4 and 5 above, the Defendant denies that the amount of £6721.46 or any amount was unlawfully debited from the Account and the Claimants claim for the repayment of that amount is therefore denied.

 

8. The Claimants contention that the said fees are unenforceable is denied. The fees reflect and are proportionate to the Defendants administrative expenses incurred due to the Claimants breach of Contract or in the alternative, it is found that there has been no breach of contract by the Claimant, that the fees have been reasonably incurred in accordance with Conditions and Tariff of Charges detailed in the contract.

 

9. Further, the Defendant denies being in breach of the Unfair Terms in Consumer Contracts Regulations 1999 and or the Unfair Contract Terms Act 1977 and that the terms and conditions satisfy the test of reasonableness.

 

10. Further or in the alternative, even if the said fees are not proportionate to the Defendants administrative expenses incurred (which is denied), the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge made to the Account.

 

11. No admissions are made as to the amounts claimed by the Claimant and the Claimant is put to strict proof of the same.

 

The defendant believes that the facts stated in the defence to be true.

 

What does anyone think? Has anyone had same letter?

[sea-sidelady]

It seems a pretty standard defence.

 

So now you just wait to see if you need to fill out an AQ, some courts do, most dont.

 

They will be in touch with you.

[overflow]

Hi Kelvid

 

Im no expert by a long chalk but it seems to me reading this that they are clutching at straws.

If this is their defence then I dont think you have a lot to worry about.

Just my opinion, lets see what SSL thinks.

 

Regards

[overflow]

OOOOOOOOPPPPPPPPSSSSS

 

Sorry SSL must have crossed in the POST.

[stonedecroze]

Just carry on Kelvid, follow advice from SSl and Overflow and you wont go far wrong. Just carry on and IF it gets to Court plan what you are going to say,rehearse it at home in front of mirror to gain confidance in yourself, and do not worry. Judges will bend over backwards to help you if they see you struggling. make notes of what you want to say and take them with you. and DON`T PANIC You are in the right and will win. chin up

[Kelvid123]

Hi all, I rang HULL court this morning and although they say they had received an acknowledgement of service from Halifax, as yet they are still to receive a defence. This maybe because of postal strikes they are 5 days behind. The guy I spoke to said to file for judgement on the basis a defence has not yet been received by court and if in the meantime they have received on they will just send my judgement back. There is a chance its still sat on someones desk waiting to be put onto the system (unfortunately). I have been informed if they receive a defence I will then need to fill out an Allocation Questionaire to take it to the next stage so we will see what happens this next week. I actually received the defence on 10th so chances are court did too, nevermind. Any advise in relation to AQ greatly appreciated.

[**Tilly**]

hi kelvid have a read through these links

Frequently Asked Questions

Allocation Questionnaires - A guide to completion

[sea-sidelady]

Follow the advice of the court, and if you have to fill in the AQ, the links Tilly gave you are what you need, any worries just shout.

 

I have filled in now quite a few of these...

[stonedecroze]

Folloe the advice of the court, and if you have to fill in the AQ, the kinks Tilly gave you are what you need, any worries just shout.

 

I have filled in now quite a few of these...

 

All fingers an thumbs today SSL?

 

 

Has Tilly been "Lazin` on a sunny afternoon" ?

[overflow]

Whats all this then ?

Have I missed something?

 

Tilly turning KINKY!!!!!!!!!!

[**Tilly**]

lol as soon as i see that i laughed

[sea-sidelady]

Oh dear Tilly, what ever do they mean!!!

[deadlykiss]

lol

[moneyhelp]

Whats all this then ?

Have I missed something?

 

Tilly turning KINKY!!!!!!!!!!

 

Ask her about her pink wrist straps overflow :o

[stonedecroze]

Hi kelvid, I got identical defence today. dosen`t seem to be a very strong defence to me ( but then I know nothing) If I get Q&A I plane to reply with Q&A requesting full breackdown of each and every charge applyed to my account. Para 8 looks like "if we are wrong then we are right".

 

 

Have you heard any more since?

[stonedecroze]

Ask her about her pink wrist straps overflow :o

 

Tell me more!!!!

[overflow]

Whats all this then Tilly.

I turn my back for a little while and everythin comes out eh.!

First kinks, now PINK wrist straps!!!!!!!

 

OML Whatever next.

 

Would they be of the fluffy handcuff variety to go with the thigh length black boots ?

[emmaf01]

in your dreams!

[stonedecroze]

Whats all this then Tilly.

I turn my back for a little while and everythin comes out eh.!

First kinks, now PINK wrist straps!!!!!!!

 

OML Whatever next.

 

Would they be of the fluffy handcuff variety to go with the thigh length black boots ?

 

wow!!!!

 

 

 

is there a website???

 

[deadlykiss]

lmaoo to funny ,, wonder if she wears thigh high boots

[sea-sidelady]

Hey guys, please remember this is kelvids thread!

[stonedecroze]

Hey guys, please remember this is kelvids thread!

 

 

O.K. SSL.

 

But you started this!! LOL

[deadlykiss]

ok sorry kelvin

[Kelvid123]

Thanks SSL. Still no news from Halifax or Court since I sent in Judgement request on 14th. Not received an AQ through either. Mcadden reckons courts a good 3 weeks behind though so could be a while before I hear anything. Also, I read on one of the websites OFT or FSA that the 'test case' is in court on January 2008 so could be a good while them sitting on our money yet

[**Tilly**]

hi kelvid good to see you hang on in there we are all right behind you have a look in this link

Find out here if your local court is staying claims