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Aqua Card Halifax court tomorrow

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  • Aqua Card Halifax court tomorrow

    I have a court hearing tomorrow with halifax for my claim of the £12 credit card charges and was looking for any help with my skeleton arguments.
    They have provided a defence, a witness statement and a copy of the OFT report.
    No legal info or precedent cases have been sent so not really seeing where their arguments are going to come from but any help greatly appreciated
    Tags: None

  • #2
    Re: Aqua Card Halifax court tomorrow

    Anybody??????

    Comment


    • #3
      Re: Aqua Card Halifax court tomorrow

      Welcome to Legal Beagles :beagle:

      But you're going to get a telling off I'm afraid!

      How come you have a court appearance tomorrow but have left it so late to get this kind of help???

      Firstly. A LOT MORE DETAIL PLEASE!!

      A time line would be nice.
      Copy of your POC is essential. Scan and upload but block out personal details etc.

      Anything else we should know.

      No templates exist for this situation so I guess we're going to see what we can come up with tonight.

      I'll put the coffee on eh?! What time is your hearing?
      "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

      I am proud to have co-founded LegalBeagles in 2007

      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

      If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

      Comment


      • #4
        Re: Aqua Card Halifax court tomorrow

        Have they put in a skeleton argument ? Have directions been given by the Court for either or both sides to do so ?

        Is your case in the County Court or the High Court, if the first, which track ?

        If it is a small claim and you are acting in person then you are not expected to put in a skeleton argument.

        Comment


        • #5
          Re: Aqua Card Halifax court tomorrow

          Originally posted by Celestine View Post
          Welcome to Legal Beagles :beagle:

          But you're going to get a telling off I'm afraid!

          How come you have a court appearance tomorrow but have left it so late to get this kind of help???

          Firstly. A LOT MORE DETAIL PLEASE!!

          A time line would be nice.
          Copy of your POC is essential. Scan and upload but block out personal details etc.

          Anything else we should know.

          No templates exist for this situation so I guess we're going to see what we can come up with tonight.

          I'll put the coffee on eh?! What time is your hearing?
          POC's as below via MCOL:
          Particulars of Claim
          1 The Claimant has an account
          ***********with the Defendant
          2 Since 24/01/11 the Defendant debited
          charges and interest in respect of
          contractual breaches
          3 Defendant has a list of charges.
          Another copy will be sent
          4 Either a. The charges exceed the
          Defendants losses caused by the breaches
          contrary to Common Law or b. The charges are
          unfair and unenforceable under the Unfair
          Terms in Consumer Contracts Regulations
          1999.
          5 Claimant seeks return of sums of £24 plus
          £3.36 interest,plus
          statutory court interest at 8% - £0.53
          continuing daily until judgement plus
          permitted costs


          their initial defence is the usual, denied that charges were not a genuine pre-estimate or exceed the actual loss and
          No breach of contract therefore cannot be a penalty.

          the court bundle from them contains all statements for the account, a copy of the OFT report 2006 and a witness statement.
          The witness statement refers continually to the charges being applied due to breach of t&c's so cant see how they can argue away the "penalties" side if thats what their witness who states they are a frontline manager for Halifax, also statement contains the "primo facie" legal term, dont know how somebody without legal qualifications would know this, also statement ends with "this case is an abuse of process and asks the honourable court to dismiss the claim" I was of the opinion that witness statements should be factual and not contain opinion.
          ------------------------------- merged -------------------------------
          Hearing at 11am Weds
          ------------------------------- merged -------------------------------
          Originally posted by SpringerSpaniel View Post
          Have they put in a skeleton argument ? Have directions been given by the Court for either or both sides to do so ?

          Is your case in the County Court or the High Court, if the first, which track ?

          If it is a small claim and you are acting in person then you are not expected to put in a skeleton argument.
          No skeleton arguments but just small claims county court fast track i think
          Directions given and items submitted to court
          Last edited by themadcap; 10th April 2012, 21:15:PM. Reason: Automerged Doublepost

          Comment


          • #6
            Re: Aqua Card Halifax court tomorrow

            So the total you are reclaiming is £24??

            The claim must be small claims track. I sincerely hope so?

            This is the CAG ConsumerWiki POC.

            Particulars Of Claim(Money Claim - Consumer Wiki)

            Haven't followed their template successes lately, any one any idea?
            "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

            I am proud to have co-founded LegalBeagles in 2007

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

            Comment


            • #7
              Re: Aqua Card Halifax court tomorrow

              Yeah it was CAG I got it from, its about £50 in total, used the same for Cap 1 and they settle once the court claim goes in, so seems strange that this lot would bother sending someone up for it as ive not heard of them using local solicitors.

              Comment


              • #8
                Re: Aqua Card Halifax court tomorrow

                Hi

                Saw a tweet from Govan Law the other week about an upcoming section140 success but no confirmation as far as i know.

                Peter

                Comment

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