Halifax Bank

[warwick65]

Re: Halifax Bank

Hi Amethyst

Earlier this year Sloane says they won a case for just over 10K = another thread so unless that was a protected pension pot ........

Sloane82
If, as you are suggesting , you struggle with some days, maybe you need to find yourself an advocate who will represent you
If you have a disability and care needs then social services may be able to do an assessment and fund provision ( subject to a means test)

[sloane82]

Re: Halifax Bank

They didnt give me a refund of my charges I-smart i'm really annoyed with this as I dont want to pay £6000 it is unfair I know I should have turned up but I felt that bad. What can I do now?

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Tried everything you have to pay for help tried asking for pro-bono help nothing.

[sloane82]

Re: Halifax Bank

Here is more info.

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Sorry there the old charges.

[sloane82]

Re: Halifax Bank

Here is more information.

[Kati]

Re: Halifax Bank

[MENTION=87380]Diana M[/MENTION] [MENTION=7765]Joanna C[/MENTION] [MENTION=6]Amethyst[/MENTION] ... can you take a look please??

[Amethyst]

Re: Halifax Bank

I really wish you'd got your documents up earlier before your hearing as you may have had an opportunity to turn it around or st least extract yourself with lower costs liability. What happened with your previous claim for bank charges against Halifax? They applied for summary judgement and you discontinued ? What did you do differently this time that made you think you could have another go?

Now, in the defendants summary j application they mention you have pleaded utccr, foster burnell and consumer protection from unfair trading etc - I can't see that on your particulars of claim so did a further document go in?


Nb: I've modded your docs as personal details on them, ill redact and repost when I'm back on my pc ( tricky on phone ).

[sloane82]

Re: Halifax Bank

What's lower cost's liability? you can contact Tlt Solicitors and have a word with them that everything is unfair I tried to do everything I could.

[sloane82]

Re: Halifax Bank

I have received information in the post today regarding, my general form of judgment, It is ordered that

1 Particulars of claim struck out as likely to obstruct the just disposal of the proceedings.

2 Summary Judgment for the defendant claim dismissed as standing no real prospect of sucess.

3 Claim found to be totally without merit.

4 Claimant to pay defendants costs assessed on standard basis in the sum 0f £6792.27.

5 Trial Bundle retained by the court but may be destroyed 7 days after service of this order.

dated 5th July 2017 this all seem's to be unfair as I cannot pay £6792.27 which is terrible they owe me money for the unfair charges.

[pt2537]

Re: Halifax Bank

I have received information in the post today regarding, my general form of judgment, It is ordered that

1 Particulars of claim struck out as likely to obstruct the just disposal of the proceedings.

2 Summary Judgment for the defendant claim dismissed as standing no real prospect of sucess.

3 Claim found to be totally without merit.

4 Claimant to pay defendants costs assessed on standard basis in the sum 0f £6792.27.

5 Trial Bundle retained by the court but may be destroyed 7 days after service of this order.

dated 5th July 2017 this all seem's to be unfair as I cannot pay £6792.27 which is terrible they owe me money for the unfair charges.

I am afraid that i agree with the Judge having seen the pleadings, they were no where near clear enough, and unsurprising the bank used Mr Ross at Gough Sq, he is a very good advocate and i am unsurprised you have a cost order, even if this case is small claim there is a finding of unreasonableness it seems in the order, in the circumstances the Court could order costs per CPR 27.14(2)(g)

It seems the claim was doomed from the outset,

[Amethyst]

Re: Halifax Bank

What is your personal situation sloane ? Do you own your own home / any assets ? Do you work for an employer ?

They can enforce the costs through the normal means of enforcing judgments.

Are you going to get the Trial Bundle off the court ?

Your claim was quite poor I'm afraid. You were asked and asked to post details of the claim before the hearing. You were warned about costs. You could have pulled things back around - yes your claim was pretty terrible and gave no legal grounds for the claim at all, but you had been charged, probably unfairly, and there are new arguments which could have been used, it would still have been risky though, and there would still have been a costs risk.

Earlier I asked you this

Now, in the defendants summary j application they mention you have pleaded utccr, foster burnell and consumer protection from unfair trading etc - I can't see that on your particulars of claim so did a further document go in?

In what document did you mention UTCCR, CPUTR and the foster burnell case, as I cannot see it in the documents you uploaded ?


This was your entire Particulars of Claim ?
(I've typed it out for you)

Overdraft Charges. The Overdraft charges that I received on account number xxxxxxxxxx, sortcode xxxxxxxxxx. There was £2100 worth of unpaid cheque charges Overdraft charges unplanned overdraft charges direct debit charges that were not paid. I was in financial hardship at some periods of time while having a bank account with the Halifax. I have contacted the financial ombudsman Service where I did get £100 odd worth of charges back. But I have contacted Halifax Bank as I am unhappy with this and I am after all of my charges back which is £2100 worth.

The Overdraft charges which I have had on my Halifax account which is £2100 worth of unplanned overdraft charges, unpaid cheque charges, unpaid direct debit charges, overdraft charges totalling £2100 worth. I have contacted the Financial Ombudsman Service where I have been refunded £100+ worth of charge refunded to myself. I have contacted Halifax Bank and they were not very helpful so I am applying for a small claims order against them

[pt2537]

Re: Halifax Bank

Para 9 of the skeleton really says it all too.

This claim was it seems an abuse of process.

[Amethyst]

Re: Halifax Bank

I asked him about that but he continues with his complete inability to answer ANY questions. Sloane - you HAVE to answer questions for people to be able to help. Otherwise things will just get worse and worse.

You cannot treat the court process so lightly.

[pt2537]

Re: Halifax Bank

The other obvious alarm bell ringing is if he has made a complaint to the ombudsman, then has he barred his claim for further charges by virtue of Clarke v In Focus Asset Management?> Theres the question!!!

[Amethyst]

Re: Halifax Bank

It does sound like the Ombudsmans decision was accepted so that would have barred this claim going ahead anyway, which presumably is what you're saying lol.

[pt2537]

Re: Halifax Bank

It does sound like the Ombudsmans decision was accepted so that would have barred this claim going ahead anyway, which presumably is what you're saying lol.

yes, that is my concern, if the ombudsman decision has been accepted then we may have another hurdle to get over