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  1. Have posted my letter to the court today - will keep you updated.!! Also, the Notice of issue wasn't mentioned to my partner when he contacted the court - is this something the court will send otu (I've had a quick look round this site but can't see a template anywhere.) Speak soon.!!! XXX
  2. Thanks - have posted letter to court today - will keep you updated.!!
  3. Morning all.!! The Man telephoned the court this morning and was told that nothing had been received and that he should wait for the judgement. I found this letter on another thread - is it worth amending and sending to the court - or are we best to wait..? To Whom it may concern, I refer to the matter above and the order made by His Honour Judge Reid dated 02nd July 2007 – copy enclosed. I advise the court that the Defendant has not complied with the said order, in that it has not served a document, as specifically directed in direction 3. Accordingly, as the said order states “If the Defendant fails to lodge at court a document in accordance with paragraph 3’ the defence shall stand struck out and judgment be entered for the claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid.” comprised of £833.76 i.e. £772 (initial claim) and £61.76 (interest under s.69 County Courts Act 1984). In view of the Defendant's abuse of process I will be seeking payment of costs and will forward details to the court shortly. Yours Sincerely I believe even if SC&M file their document late, as they may well do! - the court in our case will not be as lenient as they might have been in recieving, say, a late defence. The reason the directions were given were that our court is tired to say the least of Lloyds and their solicitors abuse of the judicial process. - Feel free to copy the letter above which will request the judgement and hopefully speed the process up for you. Thanks lots....Dizzy
  4. Sorry to gatecrash this thread but I think you're at the same point I am.!!! We're chasing the Abbey and they were due to let the court know yesterday and when my partner telephoned this morning and was told tha t nothing had been received as yet, and that he should wait for the judgement. Shall i still send the judge a copy of your letter above.? In view of the Defendant's abuse of process I will be seeking payment of costs and will forward details to the court shortly - what costs are you referring to here.? Is it the original court fee.?
  5. He received a copy of the Defence they will be submitting (back in June) and wrote to them on 28th June to say he would only accept it as partial settlement. Not had anything more from them since but I thought that maybe the Defence they sent in June would be what they submit today. I'll get him to call the court 2moro & let u know what happens.! XXX
  6. Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. It is ordered that…. The claim is allocated to the small claims track The hearing will take place at a place, time and date which will be notified to the parties. The Defendant shall no later than 4.00pm on 16 July 2007 serve on the Claimant and lodge at court a document answering the following questions: (a) Is the case intended to be contested to and at trial.? (b) Does the Defendant intend to apply to adduce expert evidence? If the Defendant fails to lodge at Court a document in accordance with paragraph 3 above the defence shall stand struck out and judgment shall be entered for the Claimant for the amount claimed and cost comprising the issue fee and any allocation fee paid. Each party shall serve on the other the witness statements of all witnesses (other than expert witnesses on whom they intend to rely). No party may adduce expert evidence unless an application for permission to adduce such evidence has been made and granted. No party may rely on the evidence of any witnesses whose statement has not been served in accordance with this order without further permission from the Court. No more than seven or less than three clear working days before the trial date the Claimant shall file at Court an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 of the Civil Procedure rules and the practice direction thereto, and shall serve a copy of it on the Defendant. The Claimant shall endeavour to agree the contents of the bundle with the Defendant before it is filed. If the Claimant fails to file a trial bundle in accordance with this direction the claim shall stand struck out and the action dismissed without further order. Because this order has been made by the Court without considering representations from both parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the Court (together with the appropriate fee to arrive within seven days of service of this order. We did receive a copy of the Defence Abbey are to use when they wrote offering 65% goodwill gesture - I guess this is what they need to submit to the Court today.?
  7. Hi I don't think I need to take any action at this stage but just wanted to check. My partner received a goodwill offer (65%) from Abbey - he refused to accept in full and final settlement and didn't receive anything My partner received the above notification from Guildford County Court - it states that the Defendant shall serve on the Claimant and lodge at court a document confirming that they intend to contest the case (I assume this is their defence). Do we need to take any action.? Should he phone the court to see if a defence has been submitted (they have until 4.00pm today). I guess that if they submit a defence, the court will notify usof a court date - does anyone know roughly how long the courts are taking (in case I need to start getting the bundle together.!) Many thanks for all your help.!! Dizzy
  8. Hi I recently successfully claimed £2000 back from the Halifax. However, once the initial court claim was submitted Halifax proceeded to take another £270 in charges from my account over a three day period (£90 per day). The charges related to payments made from my account during one day whilst I was overdrawn. As they paid me my claim money without liability, is there any chance I can request repayment of these charges too.? If so, is there a template I can use to recap this money, or do I follow the same process as before.? As they have refunded the previous charges - I'm dedicated to ensuring the account remain within credit - if I fail in this (which I'm hoping I won't!) are they alllowed to take further charges from my account - or would I need to phone them & tell them to refund anything they take.? Also, as I use online banking I have noticed that I didn't receive notification of the £270 deductions - is this wrong on their behalf.?
  9. OMIGOD.!!! I didn't need to phone them after all. I've checked my account balance today and they've repaid the full amount - £2000.!!! I'm off to transfer to my savings account before they change their mind and take it back.!! WOOOOOHOOOOOOOOOO.!!!!!!!!
  10. I've recently submitted my court claim against the Halifax which they acknowledged on 5th April which gives them until 3rd May to respond. I was claiming £1800 in charges (without the interest now added) and was offered £1200 the day LBA expired. My rejection of their offer went to them on 29th March - yesterday I received a letter from the bank dated 23rd April, acknowledging my letter of 29th March - nice of them to do it so fast.!! Basically it says, "Sorry you were unhappy with our offer - please call us to discuss." Should I call them - they had plenty of time to discuss this prior to yesterday, so am I better off letting the court claim proceed.? Thanks lots Dizzy
  11. Good for you.!! Got statements today - in 35 envelopes.!! I could hardly get in my front door.....must have cost them more than £5 to send out to me.!!!! Best of luck with the cheque refund....
  12. Thought this be useful..... During my first phone call to the Halifax, I was told it would cost me £15 for the statements to be issued...when I queried this amount, I was then told it was actually £10.....3 days later (when there were funds in the account to cover the charge) it had gone down to £5.!!! It seems the amount varies according to who you speak...thank heavens for sites like this which tell us THE REAL STORY.!!!
  13. Hi I'm waiting for the Halifax to send my statements. I have some already but want all from past 6 years. When I enter details on the spreadsheet, do I need to specify what the charge relates to.? On the statements I have presently, its listed as "Charges as notified" - will this suffice on the spreadsheet, as I don't know what each individual charge was for. Also, I understand the bank has to supply the info within 40 days - is that calendar days or working days.? Thanks....
  14. Hi A friend recommended I register on this site, but I can't find any information explaining how to start the process of reclaiming charges - can anyone point me in the right direction. There are so many threads I don't know where to start. I tried clicking on FAQ but didn't get anywhere.! Thanks Dizzy
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