Halifax Bank

[sloane82]

Re: Halifax Bank

I cannot put the particulars of claim up as I only have it on paper form yes I did put it on my particulars of claim it is unfair yes I know I should have put my particulars up straight away, but I have contacted so many solicitors and lawyers and I was that busy asking for probono help they would not help me with probono but would charge, me for there help, It is unfair the costs that have been put against me and I have wrote a letter regarding the charges, I asked the courts to cancel the case they said that I could but I could not really unhappy about this I need help to sort this out.

[sloane82]

Re: Halifax Bank

Can I make a counterclaim regarding this as this was struck out, I can appeal this and what the information as there was a reason for success etc?

[pt2537]

Re: Halifax Bank

Can I make a counterclaim regarding this as this was struck out, I can appeal this and what the information as there was a reason for success etc?

A counterclaim i think is out of the question, you cannot counterclaim on the back of your own claim . That would fall at the first hurdle and could leave you being declared a vexatious litigant.

The simple question here is this, and please do let us know, but why didnt you attend Court? if i understand it correctly you didnt turn up at the hearing, why was that?

[warwick65]

Re: Halifax Bank

A counterclaim i think is out of the question, you cannot counterclaim on the back of your own claim . That would fall at the first hurdle and could leave you being declared a vexatious litigant.

The simple question here is this, and please do let us know, but why didnt you attend Court? if i understand it correctly you didnt turn up at the hearing, why was that?

Morning Sloanie

Sorry your case was struck out , why were you unable to attend the hearing,

I was really stressed and felt i'll so I felt really bad on the day here is the charges on the accounts.

I think there is your answer

[pt2537]

Re: Halifax Bank

I think there is your answer

I wasnt 100% sure if that was the reason or not

[sloane82]

Re: Halifax Bank

That was the reason I was ill so I could not turn up I have filled out my N244 form and have appealed it.

[Amethyst]

Re: Halifax Bank

What are you appealing ? Just the costs order? ( applying for relief from sanctions ? )

Be careful Sloane, you are likely to just end up costing yourself more money. Have you filed this N244 ? What fee have you paid and what have you actually asked for?

Do you own your own home?
Do you work for an employer ?
( We need to know to know what you need to do regarding the costs order )

Where is the document of pleadings you submitted that mentioned CPUTR, UTCCR and Foster-Burnell ?
Was that in your Witness Statements ?

You need to slow down and answer peoples questions. People are trying to help and see if there is anything you can do to rectify.

For future reference - if you are ill and unable to attend a hearing you need to inform the court ( 7 days in advance in writing if you can't attend and want the hearing to go ahead on paper with your statements taken into account, but obviously if you are taken ill on the day you can't do that ) but you can inform on the day and request an adjournment if you can provide formal medical information that supports you.

[Amethyst]

Re: Halifax Bank

I cannot put the particulars of claim up as I only have it on paper form yes I did put it on my particulars of claim it is unfair yes I know I should have put my particulars up straight away, but I have contacted so many solicitors and lawyers and I was that busy asking for probono help they would not help me with probono but would charge, me for there help, It is unfair the costs that have been put against me and I have wrote a letter regarding the charges, I asked the courts to cancel the case they said that I could but I could not really unhappy about this I need help to sort this out.

These were your Particulars of Claim.

You do not have legal arguments in these so there must be a further document you submitted to court after this with legal argument in.

(I've typed it out for you)

Brief Details of Claim

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.

Particulars of Claim

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

[sloane82]

Re: Halifax Bank

That's wrong information the charges were £3300 plus this is information from 2015 my old claim.

- - - Updated - - -

Ok I know I have to be careful I will answer all questions there seem to be a lot of holes in this case I will get my particulars put up on here as soon as I have them.

[Amethyst]

Re: Halifax Bank

Ok thank you.

[sloane82]

Re: Halifax Bank

I am self employed so I cant pay the £6700 what can I do now?

[warwick65]

Re: Halifax Bank

Hi Sloane

If you can not afford to pay then you can apply to the court for an assessment as to what is affordable - of course you need to justify your income and expenditure . I know some self employed people who probably carry that sort of money in their back pocket - I am saying you can not just say I am self employed therefore i am poor.

Hopefully [MENTION=551]pt2537[/MENTION] [MENTION=6]Amethyst[/MENTION] can sort out if you have any prospects of appealing the costs order or the decision

[sloane82]

Re: Halifax Bank

I'm not saying I'm skint I cant justify the cost's that's all.

[Amethyst]

Re: Halifax Bank

Unfortunately it isn't up to you, the court have allowed the costs and you would need to apply to reassess the costs. Because you didn't attend the other side basically got what they asked for. Without your poc for this claim there is no way of knowing if you have any chance of appealing the actual judgment. If you decide to cut your losses then you will need to try come to an arrangement with halifaxs lawyers (tlt?) to pat at instalments.

Your N244 you have submitted - what have you put on it?

[pt2537]

Re: Halifax Bank

Unfortunately it isn't up to you, the court have allowed the costs and you would need to apply to reassess the costs. Because you didn't attend the other side basically got what they asked for. Without your poc for this claim there is no way of knowing if you have any chance of appealing the actual judgment. If you decide to cut your losses then you will need to try come to an arrangement with halifaxs lawyers (tlt?) to pat at instalments.

Your N244 you have submitted - what have you put on it?

If the costs orders been made then the Defendants costs have been assessed.

This will make it difficult to challenge, as the judge has already considered the costs and ordered them to be paid.

It may be possible to set aside the ruling, MAY, if there is a good reason why you couldnt attend, and from what ive seen so far there is no good reason which would stand up to scrutiny from the Court.