Aqua Card Halifax court tomorrow

[themadcap]

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

[themadcap]

Re: Aqua Card Halifax court tomorrow

Anybody??????

[Celestine]

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?

[SpringerSpaniel]

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.

[themadcap]

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?

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 -------------------------------

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

[Celestine]

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?

[themadcap]

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.

[Guest]

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