jonnyb v Halifax CC Defence filed. Now what?

[jonnyb1978]

Hope someone can advice here please.

I have taken Halifax to court over unlawful credit card charges for the sum of £715 plus £60 in court costs.

Since the process of court started they have refunded £360 ( All charges and interest going back 6 years) The remainder is for charge over 6 years.

Today i have recieved a cheque for £60 refunded for court costs saying ' the sum is on a without admission of liability basis in respecct of costs only'

They also have now filed a defence for the remainder of the amount.


So i am assuming that their defnce will be the 6 year ruling. The Utccr 1999 states that only a court can decide how far back you can go. So what are my options here??

Any advice appreciated. Thanks

p.s if a cancel the case can Halifax claim their £60 back at any time.

[Amethyst]

Re: jonnyb v Halifax CC Defence filed. Now what?

Basically they are then saying they have paid you out your claim and court fee without admission of liability as the rest is outside limitations. Your claim in court will solely be on limitations issues - I cant see them fighting it as to decide on limitations issues they will have to decide on the legality of the fees which they wont want to do. Mind you they could do a Citi cards trick and get £12 accepted as the cost of the breach so even with limitations they'd have repaid the whole amount anyway.

What do you want to do ?

[jonnyb1978]

Re: jonnyb v Halifax CC Defence filed. Now what?

What do you mean in the last sentance regarding citi cards?

There is one more £12 charge they have not refunded as the total charges going back 6 years was £318 they refunded £306. (Suppose i could argue this etc)
All other charges past the 6 years are for £25 if tthat makes a difference.

To save going to court i guess i will be happy wiith what i have got now, as thats what i expected if they had paid up in the first place without court.

[Amethyst]

Re: jonnyb v Halifax CC Defence filed. Now what?

To be honest I'd be happy too. Arguing limitations just opens you up to possible costs and once the actual cost vs the charge is assessed you might not actually gain anything even if you did get through limitations arguments.

(re citi - they are succeeding in getting courts to order £13.54 is the cost to the bank so what the charges should be and only refunding the difference between the £25 charge and the £13.54 )

[jonnyb1978]

Re: jonnyb v Halifax CC Defence filed. Now what?

Today i have recieved a cheque for £60 refunded for court costs saying ' the sum is on a without admission of liability basis in respecct of costs only'

So if i write to the court explaining they have parrt paid which i am content with etc etc.
With the above statement about not accepting l liability if i cancel the claim could they try and claim the this fee back??

[michael]

Re: jonnyb v Halifax CC Defence filed. Now what?

Amend to suit:

The Court Manager
XXXXXX County Court
Court address
Court Postcode
[date]


Dear Sir/Madam

[you] -v- The bank Plc
Claim Number: ********

Notice of Discontinuance


I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled.


The Defendant paid the full amount claimed, namely £***, by way of a cheque/credit to my bank account on [date]. As such, no further action is necessary in respect of this claim.


Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored.


A copy of this letter has been sent to the Defendant.

Yours faithfully

[Kafka]

Re: jonnyb v Halifax CC Defence filed. Now what?

To be honest I'd be happy too. Arguing limitations just opens you up to possible costs and once the actual cost vs the charge is assessed you might not actually gain anything even if you did get through limitations arguments.

(re citi - they are succeeding in getting courts to order £13.54 is the cost to the bank so what the charges should be and only refunding the difference between the £25 charge and the £13.54 )

When I was in court with Citi in December they said that their charges were £13.54 but only argued to keep the £12, not the full amount. Incidentally, they never challenged on limitations and sacrificed that and the amounts above £12 to win the £12. The plan was to do this and then claim unreasonable behaviour in rejecting their higher offer than the judgment, which would have written off the judgment value by about £500. For once the judge saw through them and rejected this.

[jonnyb1978]

Re: jonnyb v Halifax CC Defence filed. Now what?

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.