jonni2bad v Halifax - Got the money but no default removal

[jonni2bad]

UPDATE TIME.............

Case has been adjouned until Fri 10th November

"The estimate appears to be inadequate: the time estimate has now been increased to 3 hours."

And a new Judge too........

So, that means I won't have to interupt my holiday at Golden Sands on the 19th Sept - RESULT!!!!

Perhaps I gave them a little too much to read

[Tinkerbelle]

Excellent stuff

[caro]

I think you must have got the message across that you know what you are talking about and you mean business. Sock it to 'em Jonni.

[chrismc]

Good news for you Jonni...now they have something to think about!!

[aardvark the lecturer]

:o OMG.. I can't believe that your case is still ongoing!

I'd love to be a fly on the wall when you finally get them pinned down in a court .

I can't believe how voraciously they've defended the Default notice, They clearly mean a lot and you get the feeling we must be missing something that matters a great deal to them when they are happy to pay out these sums of money but not complete an admin task to end a court case!

Good Luck and I can't wait to read the next updates!

[neilstapley350]

I have found that its farquicker to request statements for the period that you want to claim, You have to sort through the statements yourself but its far quicker than waiting for the bank to drag their heels especially if they think you are trying to make a claim against them. I requested statements that covered the whole period of when the account had been opened, these arrived withing 6 days and now I am in a position to start the proceedings to claim back the charges.

[Stopthethieves]

Can you please get it televised?, I'd love to watch them squirm!

Do you honestly think that are going to defend themselves in court?

Are you protected from costs?

Regards

[jonni2bad]

Originally Posted by Stopthethieves

Do you honestly think that are going to defend themselves in court?

Are you protected from costs?......

1. It's really hard to judge them, but looking at their document exchange, where they didn't reference anything and indeed only really sent me 2 photocopies of leaflets from their display racks, I would have to guess no.

On the other hand, their incompetence so far might suggest that they really do believe they have a case. I am most looking forward to hearing them explain to a Judge why they lied to the court about me offering to extend the deadline for entering their defence, so for that alone I pray they do.......

2. Yes - the track has been given as small claims so, unless the Judge believes that I had absolutely no basis for ever starting my action, there would be no reason why I should ever pay any costs - and if my case really was that bad I'm quite sure we'd have been called to a prelim hearing some time ago.

[kydcarmen]

WOW, I have just read your thread from beginning to end and i am fasicinated, just hope i don't have to go through the same thing to get my default notice removed....lol.....i'm not sure i would know what i was doing.

Can't wait for the next episode jonni2bad

[david.m]

Originally Posted by jonni2bad

I thought I'd give their legal team something to read, since the Halifax don't seem unable to supply anything.

The Claimant will also make reference to the following case laws;
1. Murray v Leisureplay [2005] EWCA Civ 963
2. Wilson v Love [1898]
3. Lordsvale Finance PLC v Bank of Zambia (1996) QB 752
4. Bridge v Campbell Discount Co. Ltd. (1962)


A grand total of 318 pages weighing in at just under 2kg

ROTFL.......

thats a neat trick, bang in as much case law as you can find so their legal team have to do their homework and hence massively increase the cost to the banks in their fees LOL

perhaps you should also ask for another £2500+ for costs with all that paper,ink, and valuble time you have had to make for your case , god knows how much Halifax will be charged by their own legal team, you should be able to also claim that fair and reasonable rate too

[david.m]

Originally Posted by aardvark the lecturer

:o OMG.. I can't believe that your case is still ongoing!

I'd love to be a fly on the wall when you finally get them pinned down in a court .

I can't believe how voraciously they've defended the Default notice, They clearly mean a lot and you get the feeling we must be missing something that matters a great deal to them when they are happy to pay out these sums of money but not complete an admin task to end a court case!

Good Luck and I can't wait to read the next updates!

well i dont know about being a fly, but its an open court so anyone can sit in there i assume?, how large is this court and would they restrict the public interested in this case getting in.

remember aardvark, the courts are open to the public, remember the school trip to the court house to see how our justice system works?, then going back to school and having to writeup the essay 8P

perhaps jonni2bad could sell jonni2bad teeshirts

it does seem that there might be an interest from the papers that a massive bank submits almost nothing
in their bundle, were as an ordinary (not really hes a star) person can offer up such an impressive bundle
to fight his corner, there must be some interest there for the media.

yes , it would seem the default is a very large thing indeed, can anyone shed some light here please, what is it about this that seems to scare them?, and how would every single person reading, use this new information to our advantage, i assume its something as regards damages but cant work out what or how it might esculate?.

[jonni2bad]

Originally Posted by david.m

well i dont know about being a fly, but its an open court so anyone can sit in there i assume?, how large is this court and would they restrict the public interested in this case getting in?...

It will be at the Mansfield County Courts (North part of Nottinghamshire) and is of course open to the public. I would imagine that if there are no 'visitors' then it would actually be heard in the Judge's chambers.

Originally Posted by david.m

it does seem that there might be an interest from the papers that a massive bank submits almost nothing
in their bundle, were as an ordinary (not really hes a star) person can offer up such an impressive bundle
to fight his corner, there must be some interest there for the media.

I don't think they'd be very interested if I lost and I don't count chickens bla bla bla so the media can wait until there's an outcome....

Originally Posted by david.m

yes , it would seem the default is a very large thing indeed, can anyone shed some light here please, what is it about this that seems to scare them?...

Damages. If you can show that you have been unfairly defaulted, then it stands to reason that your credit worthiness would have been impacted and, each time your files are searched, creditors would obviously assume that you were a bad risk. This, in effect, is a slur on your good name or, more to the point, a Defamation of Character.

BIG BIG issue. So big, in fact, that it would put our money claims in the shade by a considerable margin.

[radiodan]

wow that was quite a erad from start to finish.
I will be watching this to see how this ends (quite comically if what we've seen so far is anything to go by), and I wish you all the best with this.
If I lived any closer I would totally come up for this and buy you a beer once you'd finished tearing them up into tiny pieces in court.

[livelylobster]

Go get em jonny.

[lelole]

Hi Jonni

Can I ask where you got a copy of the supply of goods and services act, I can't find it on the net? The only thing I can find if the 1994 version, I assume that won't do?

Also the case law references you mention - is there somewhere I can get my grubby little paws on those too?

I need to get my case together for upcoming court date, and I'm having trouble finding what I need (your list of evidence has been really helpful!)

Thanks

lelole