Jonnyb v Halifax Court proceedings

jonnyb1978

Took Halifax to court and they have acknowledged it. Is this the norm? Do i just sit and wait?

Beginning of November i sent a letter to them asking for credit card charges back on two credit cards i have. They ignored this so i sent a second letter threatening court. Again they ignored it and when challenged they say they had sent a response to the second letter so i asked for a copy to be sent out again. They offered £52 (for only one account/credit card) as goodwill etc etc with an acceptance form to fill in. I automatically started court proceedings as they had already been sent two letters. They said thy will deal with the second card seperate but surprise surprise not heard from them either so will start court when this one is sorted out.
Anyways yesterday they acknowledged it. Should i be panicking now or just hold on tight!

Premier_2

When you issue a summons, the defendant essentially can do 3 things (other than ignore it, which is never a good idea) within 14 days.

1. Accept claim (and pay up)
2. File a defence
3. File an acknowledgement of service. This essentially gives the defendant an additional 14 days (total of 28 days) to defend or accept the claim.

natweststaffmember

Premier, the likelihood is that the bank will acknowledge the claim(within 14 days) which then gives them a further 14 days(if memory serves me right) to pay up or file a defence which is a dead cert in this case. They could admit it straight away(unlikely), they could defend straight away(unlikely) or they could acknowledge the claim(likely and gives them additional time to file a defence and/or couterclaim).
I think the OP will probably get acknowledgement and defence asking for case to be struck out

jonnyb1978

natweststaffmember wrote: »

Premier, the likelihood is that the bank will acknowledge the claim(within 14 days) which then gives them a further 14 days(if memory serves me right) to pay up or file a defence which is a dead cert in this case. They could admit it straight away(unlikely), they could defend straight away(unlikely) or they could acknowledge the claim(likely and gives them additional time to file a defence and/or couterclaim).
I think the OP will probably get acknowledgement and defence asking for case to be struck out

Will this mean diefinately having to go to court or will they ask this before court hearing

Premier_2

jonnyb1978 wrote: »

Will this mean diefinately having to go to court or will they ask this before court hearing

If there is an application to strike out the case, the court will probably inform you, and give you any possible options which may or may not involve you attending court should you wish to challenge such application.

Note a case may even be struck out even if the defendant doesn't make such an application, i.e. if the judge alone, on reading the claim, considers there are sufficient grounds (e.g. it is vexatious, scurrilous or ill-founded)

Assuming the case is not struck out, it's up to you whether you want to take the matter to a hearing, but if the defendant files a defence then you you will almost certainly need to go to a hearing if you want to continue with the claim.

jonnyb1978

Hi. can anyone advice please.

It has been 13 days into the 28 days that the Halifax has to file a defence or not. I am claiming for £714 plus £60 court costs going over the 6 years.

Halifax have just put £304 refund plus £64 interest refund into my account.

How do i proceed with the ongoing court process. A part payment letter to be sent off or what are my alternatives. Will have to work out what thuis amount is. Whether its just for 6 years or not.

Any advice??

natweststaffmember

jonnyb1978 wrote: »

Hi. can anyone advice please.

It has been 13 days into the 28 days that the Halifax has to file a defence or not. I am claiming for £714 plus £60 court costs going over the 6 years.

Halifax have just put £304 refund plus £64 interest refund into my account.

How do i proceed with the ongoing court process. A part payment letter to be sent off or what are my alternatives. Will have to work out what thuis amount is. Whether its just for 6 years or not.

Any advice??

What was the Particulars of Claim that you used?

jonnyb1978

I have had a look and from today going 6 years back the charges equal to £316 so it looks like they have missed a £12 charge off what they have refunded.
So basically they have refunded all (but £12) charges going back 6 years.

The POC i used are as follows: Excuse the text as its been copied and pasted.

(1). The Claimant has a credit card account
4***********3, opened on or around the
year 1998. Credit cards are not included in
the Office of Fair Trading?s Claim No. 2007
Folio 1186. (2). Since 10/04/2003 the
Defendant debited charges and interest in
respect of purported breaches of contract.
(3). Defendant is aware of all details as a
list of charges has already been supplied.A
copy will be sent to the court. (4). Claimant
contends: (a) The charges exceed
the Defendant's losses caused by the
breaches; (b) The Term permitting the
Defendant to levy such charges is
unenforceable under the Unfair Terms in
Consumer Contracts Regulations 1999 and at
Common Law. (5). Claimant claims: (a) return
of the amounts debited of £531; (b) Interest
per S.69 County Courts Act 1984 of 8% per
annum from the date they were deprived of the
money £182.91 continuing at the daily rate of
0.022% until judgment or payment.
(6). Costs allowed by the Court.


Hope this helps

natweststaffmember

I keep forgetting this is a credit card charges claim. They should pay up soon.

jonnyb1978

Thats the thing they have paid up 6 years worth now. But i have filed to the court for more than 6.
Should i leave it and ignore or send a part payment and i still want the rest plus court costs back. Failing this i will continue with the court claim.??

Premier_2

jonnyb1978 wrote: »

Hi. can anyone advice please.

It has been 13 days into the 28 days that the Halifax has to file a defence or not. I am claiming for £714 plus £60 court costs going over the 6 years.

Halifax have just put £304 refund plus £64 interest refund into my account.

How do i proceed with the ongoing court process. A part payment letter to be sent off or what are my alternatives. Will have to work out what thuis amount is. Whether its just for 6 years or not.

Any advice??

You need to wait to see what defence they file (if any)

If no defence is filed, ask the court to issue judgement in default.

jonnyb1978 wrote: »

Thats the thing they have paid up 6 years worth now. But i have filed to the court for more than 6.
Should i leave it and ignore or send a part payment and i still want the rest plus court costs back. Failing this i will continue with the court claim.??

Have a read of Martin's guide to reclaiming credit card charges. It suggests that you can only claim charges for the past 6 years (5 years in Scotland)
http://www.moneysavingexpert.com/reclaim/credit-card-charges

You can go back six years in England and Wales or five years in Scotland; these time periods are limited by law. This includes late payment and ‘over the limit’ fees but not standard account fees or interest.

(To clarify, I understand that is interest you've accrued on the account, not your right to seek interest at the statutory rate on the fees you reclaim)