Jonnyb v Halifax Court proceedings

jonnyb1978

Still not grasped this really. I understand the 6 year rule but read on here you can claim for more if you take it to court.

1. So Halifax have refunded 6 years worth from now......Is this correct or should they be refunding the amount 6 years from when i first complained/ sent first letter.
2. Because they ignored me and said no at first i have taken them to court and spent £60 on court fees.....As they have now paid 6 years worth (during the court process), have i lost the £60 or can i carry on the court process to reclaim this back.

I get the bit about if they do not file a defence and can start judgement but im not sure what will happen if after the 28 days they say to the court they have paid up 6 years of charges......then what...hence my two above questions..Will the credit card company then be 'in the right'.

Sorry for sound dumb!

Premier_2

If you've followed all the usual pre-court claim protocol, and the defendant only pays up after the summons has been issued, then you should only accept it as full settlement if it includes the court fees incurred.

In this case, it appears that the defendant only accepts your claim partially, and so it would seem reasonable that they should pay the fees that would have applied to that part of the claim.

If you don't get the court costs (which form part of the amount then owed) then carry on the claim, advising the court that you have received some, but not all, of what is claimed to be owed.

jonnyb1978

Thanks.. So should i send a part payment acceptance letter stating as they refunded after the summons was issued i want the court costs back. Also the extra charges from when i first complained/ sent first letter. Failing this the case shall proceed.
Or should i simply do nothing and wait until the 28 days are up and see if they file a defence or not.

Premier_2

I would wait and see if they file a defence before you do anything else.

Because if they don't, you can ask for judgement by default on the whole amount originally claimed ... less the amount you've received in the meantime.

natweststaffmember

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.??

Under UTCCR 1999 it states any term is unenforceable in its entirety and it is up to national courts how far back they go. There is no limitation and I disagree with the guide on MSE stating that limitation act or 6 years applies to any claim where UTCCR 1999 is concerned.

Credit-Solutions

I argee with you !

jonnyb1978

Thanks guys.
Guess i shall wait and see if they do file a defence.
They dont = Start Judgement
They do = Come back on here for advice....:) Ideally i would be satisfied with my £60 court charges back as its their fault it it went to court and the extra £75 in charges that were within 6 years when i first started the complaint. Due to them dragging their heals and ignoring me they are just outside the 6 years.

jonnyb1978

An update and not sure what to do next

Quick summary that i am claiming back £715 plus £60 court costs through the courts.
Halifax have already refunded £360 during the court process which is basically the last 6 years charges from the date they refunded not te date of my first letter. .(I have claimed more than 6).
Now they have just sent a cheque refunding court costs but accepting no liability etc.
So they have refunded upto 6 years and now state they have filed a defence for the rest of the amount.

Any clues to what i should do. Go along with and hope they do not turn up. Obviously they will defend by claiming the 6 year ruling..
Thanks

jonnyb1978

Anyone offer any advice

Ok i now have their defence.

They have gone through how they think the charges are legal and that i accepted all terms and conditions etc etc

1. The main point are they say they have refunded all that is owed. £306 plus £69 interest plus £60 court costs thats within the last 6 years.

This is in fact incorrect as the list of charges they have given me is that they have failed to refund one £12 charge plus interest that is within the last 6 years.

2. They are claiming the outstanding amount is outside the 6 years therefore statute barred.

3. They are also claiming that the remaining amount claimed doe not match their own records.

Again incorrect as i have gone on the exact list of charges they have supplied to me.

4. They say that my POC has no legal standing and taking into consideration the above defence want the judge to look at having the case 'struck off'.


So my feeling are i have a good case. I have the list of charges supplied by the Halifax showing how i have reached the amount claimed. Can not see how it can not match their records as it is them who supplied it.

Also they have actually failed to refund all charges within the last 6 years be it only £12 plus interest.

Whats peoples views on this. I am inclined to cancel the claim but want to make sure its the right thing to do.

Premier_2

If you've not already done so recently, have a re-read of Martin's latest guide to reclaiming bank charges
http://www.moneysavingexpert.com/reclaim/bank-charges

In particular note:

...there are no guarantees - while in the early days of reclaiming banks never fought, and if you went all the way you got a full payout, that’s far less likely now – so if you are offered a settlement – think about taking it...

If I understand you correctly, the bank have now also paid you the court fees you incurred in filing the claim, something you had earlier asked about.

If there is a particular charge you think they have missed out (e.g. the one you say is within the criteria they are willing to accept but have failed to include in the refund), there is nothing to stop you bringing this to their attention and asking them to reconsider.

However, if you don't like the offer (and it seems you don't), you think you have "a good case", then have your day in court and hope you can convince the judge likewise