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    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Scottish small claims procedures


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HI, i am new of this halifax forum (but old on HSBC who am in process of claiming against!!).

 

I am in process of starting a claim for my Scottish boyfriend, based in Edinburgh against Halifax. We have already done DPA request and he looks to have approx £600 worth of charges over past 6 years, is it right though in scotland the statute of limitations says 5 years only?:confused: Can someone please direct me to the scottish procedure for claiming, i am presuming it is fairly similar to England in any event?

 

Any tips for Halifax... they certainly seem to bleed you dry charges are unreal! :eek:

 

thanks x

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Hello sarrahk,

 

Yes, use the same letters. Also, the limit in Scotland is £750, so you will be fine in Small Claims.

 

The limitations issue is a bit unclear at the moment, but in general, yes, the limitation in Scotland is 5 years. You could always go after Halifax in England.

 

Everything you need to know about Small Claims in Scotland can be found here: [linkhttp://www.scotcourts.gov.uk/sheriff/small_claims/index.asp[/link]

 

Good luck, and don't forget to keep us posted on your progress.

 

also, I think this post is more of a 'Scottish' post than a 'Halifax' post, so I'm moving it to the Scottish forum.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Thanks. I am confused though,:???: sorry if i am being dumb, if the account was opened & held in Edinburgh at Halifax BOS, doesnt the claim need to be filed through sheriffs small claims court or could it be done thorugh money claim in England?? Very confusing!

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If he's in Edinburgh, you should use Scottish Small Claims. you cannot use moneyclaim for this.

  • Confused 1

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Just address it to the bank, at their registered office. Their mailroom will direct it themselves. As a consumer you're not expected to know individuals within the organisation.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Great and can you 8% interest in sheriffs court as you can in county court? I can see looks like you recovered charges + interest??? It is not very clear in guidance notes! Did you have to go all way through to court hearing stage or did they pay up once you issued paperwork?

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Halifax and Abbey bottled out before it got to court. Natiowide was different because they were suing me.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Received a standard letter from Halifax in response to prelim.. saying it may take 4 weeks to investigate! I presume i just stick to my timetable as usual, i dont have to wait 4 weeks do i before i can send the LBA?!

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Absolutely. Your claim, your deadline. You need to keep the initiative.

 

Don't forget to keep us posted on your progress.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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We today received a shocking offer of a mere £96 from halifax!! Goodness knows how they arrived at that figure.. its not even a fifth of the claim!! I am speechless!! :o

 

They also gave their standard blurb of how they are entitled to levy charges but they will not provide us with a breakdown of costs!

 

Anyway do we write and accept this as an interim payment and state that we will pursue for the rest still or do we just point blank refuse such a shocking amount!! HELP PLEASE! :-|

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If it were me, I would respond as follows:

 

Dear sirs,

 

Thank you for your letter of xxxxxx. I note all that you say. I do not accept your offer.

 

Yours faithfully.

 

Then get on with your court claim.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Is that not a little blunt?! I suppose it cuts to chase. I am presuming i must still send the LBA, as the last letter was only the prelim and expiry for that is next week? I thought it best to wait the full two weeks for the prelim though as that is what i said i would do before sending LBA, what do you think?

I will send interim response however!

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It may be blunt, but it says exactly what it needs to. They know what they have to do in order to avoid a court case, so the rest is up to them. You could write screeds and screeds, but all that does is give them an opportunity to enter into a debate with you, which you don't want.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Good for you.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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  • 2 weeks later...
  • 1 month later...

long time no post i know.. unfo i have been away holidaying in italy (poor me!)

 

anyway, returned last week to note that NO reply received whatsoever from halifax to LBA sent! Shocking! They have had 4 weeks given we were away! Anyway my boyf is bit nervous about going straight for jugular and taking them to sheriffs court so i have agreed to put together a final harsh letter for them allowing further 14 days... (gives me enough time to put from together) before we go for it!

 

Can someone point me in direction of correct forms to use for scottish proceedings and is there a template? thanks Sarrah

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Hi Sarrah. Sorry - just a bit confused.. Am I right in thinking you have already sent them LBA, and now you are giving them ANOTHER two weeks..?

 

If I am right, PLEASE DON'T do this. Stick to the timetable you have set down, otherwise you are making empty threats. If their LBA time is up, it's time for action on that date...

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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well another twist.. On Sat just received another offer letter (very overdue) of £270 which is obviously still short of the full amount, is the standard thing to write to say we accept this as an interim payment but will pursue you for the rest? or do we just straightforward decline, dont want to lose this money obviously??

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Say thanks, but we'll be persuing you in court for the rest.

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Thanks

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