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Everything posted by overflow

  1. Hi Yurp 82 I think I'm correct if I say just carry on as normal. Nearly all claims have been put on hold but there is nothing to stop you from going through the normal procedures . At least then your claim gets into the system, but you may have a long wait to get your hands on your money. Regards
  2. Hi Stone, Im not convinced, readin that . Sounds like they have somethin up their sleeve. Am I being paranoid perhaps.
  3. Hi Stone, Hope your mother is on the mend. That must have been an awful shock to her system. Ive just read the link you posted and here's hoping that it will mean that things are on the go again. Fingers crossed. Btw, sounds like you were quite a formidable force on your day in court. You may not have got the result you were hopeing for, but, you gave them a good run for their money. GOOD FOR YOU. Regards
  4. HI Willkinss, good for you not taking the offer. You hold out for the full amount it will be worth it in the end. Lets hope they cough up without a fight. Regards
  5. Hi Stone Thank you for the clicky thing. Not really been hiding anywhere but every time I pop in lately there doesnt seem to be much going on. Its all too quiet since this test case reared its ugly head. Im just waiting to see how long they are going to drag this out, Heard it could take anything up to a year , all in all, perhaps even longer:o . I mean they are bound to appeal if they lose aren't they. Before I forget I fell about laughing at that "letter" supposedly from the "mature lady". If only we could treat them as they treat us. Last week I was on the phone to my bank (about another charge) and I was put on hold for 20 mins . I was so miffed, to say the least. that when at last I did get to talk to a real live person I askedhim to hold on and then I started to hum a tune down the phone for about 10 mins before I actually spoke to him. I know it cost me more , but I got a laugh out of it anyway thinking of the poor lad sitting there listening to my rendition of "my heart will go on". Took me all my time not to burst out laughing. He didnt sound too pleased when I did speak to him . I WONDER WHY:rolleyes: . Anyhow enough of this frivolity, not long now eh for your path to glory. I really hope you get what you deserve and come out of there smiling like a cheshire cat. GO GET EM TIGER, GGGGGRRRRRR. Regards Good Luck.
  6. Hi there old freind, Just nipped in to wish you all the very best for your court case. Lets hope you have some good news, its about time you had a result for all the hard work you have put in. Will be thinking of you and keeping fingers and all other bits well and truly crossed for you . Regards
  7. Joice, Just popped in to offer my CONGRATS as well. What a great way to start the new year. Hope you enjoy your money . Well Done.
  8. Hi Guys. Thank you all for kind words, cheered me up no end. . Thanks Stone and Ja-De for click. Zootscoot, not sure about the interest gathering though, my claim was for set amount, so I think I would need to go after them again for charges levied since July. Although when we win, hopefully everyone will get everything that is due to them back Hope You All Have A Fantastic Crimbo and A Prosperous New Year! :D :D Regards
  9. Halifax asked for case to be set aside and stayed even though I'd been granted Judement by Default and had warrant issued. Stay granted by DJ in Runcorn County Court.
  10. Hi Guys Just to update, as you know I was in court yesterday. Went in asked where I had to go and was told to wait in the waiting room, Sitting there for 20 mins and then this man appeared asked who I was and said he'd tell Mr B I was there. Mr B came in and introduced himself ads the representitive for Halifax and then said that it was a good job the DJ was runnin late or they would have gone ahead without me. I'd been told to sit in the wrong waiting room:o . This Mr B asked if I knew that he was requesting a stay and I said yes I'd had a letter off the bank in October telling me, He didnt know that. He didnt seem to have any real knowledge of the case at all just said he'd been asked to come to request it be set aside and stayed. Bank was saying that I hadnt given them any shedule of charges, when I told Mr B that he asked if I had them and if so could he see them, so I showed him. He did'nt know I was going for compound interest either. Into the Chambers we went and the DJ introduced himself and then asked Mr B to put his side , which he did . Then the DJ asked why they hadn't filed a Defence, to which the reply was, "Well as you know there has been so many cases that this one seems to have slipped through the net, not our fault really just happens to be one of those things" To say the DJ was less than impressed would be an understatement, He cut Mr B short and said that that was not really acceptable.( my hopes soared). I was then asked to put my side and I used the argument that zootscoot had kindly posted also emphasised that they had plenty of time to Defend as I had rang them on several occasions to ask if they had filed as time was running out for them. Said all the stuff about Human Rights and how they have been paying out in the past and that if they truly thought that the charges were fair then how come they have paid out so much if they thought they neednt have had to. Mr B could not really give me an answer to that just fluffed about how the charges were lawful and transparent. Then the DJ started looking in one of his legal books for the CPR's 13.3(2) which he read out. I think that was when I knew the bank had got their stay. The DJ thanked me for my input and then dropped the bombshell. He said that although he thought that the bank had plenty of time to Defend he was willing to give them the benefit of the doubt that it was just an oversight, he appologised to me saying that he knew I would be disappointed (you're not kidding mate), but, as this test case would start in January then hopefully the outcome would be more pleasing to me. He wrote directions (about 5) one of which stated that if I wanted to appeal then I could,(yea, right, why bother), the rest I didnt really listen to as I had just swithched off by then. Although I knew deep down that I wouldnt win, I was still secretly hopeing that perhaps I would. There you have it , sorry this is so long if your still reading this I have decided not to bother appealin, not much point is there. Looks like I will join the queque and sit patiently twiddling my thumbs till the test case is finally decided. Just how long that will take gawd alone knows. Thanks to all who have given me so much support in this though I really do appreciate it. Regards
  11. Hi Zootscoot Thank you so much for informin me of this. I shall now o to court with a bit more confidence than I had. Much appreciated. Will let you know how I get on. Regards
  12. Thanks for the comments Audreygreeneyes, If Im honest I suppose I know the outcome even before I go to the hearing. Well done Ziakiwi, lad to see there is still somegood luck about. Enjoy your money. Regards
  13. Hi Guys. What a great bunch you are. Just one more day to o then its SHOWDOWN TIME:o . If I said I;m not scared witless I would be lying. Just been going over the papers I was sent by Halifax and my minds one completely blank. I just know I'm onna make a complete pratt of myself on Wednesday. I'll probably end up paying them! .LOL. In their argument to get it set aside they refer to one case in particular. "Director General of Fair Trading v First National Bank plc (2001) UKHL 52, (2002) 1 AC- the House of Lords upheld that a default provision in a loan agreement made between a lending bank and a consumer borrower was not to be declared an unfair term under the 1994 Regulations" Then this, "Refering to the dicta of Lord Bingham in Director General of Fair Trading v First National Bank plc (2002) 1 AC, in which he said " the requirement of good faith in this context is one of fair and open dealing. Openness requires that the terms should be expressed fully, clearly and legibly, containing no concealed pitfalls or traps"" Ive been trying to find this, but, when I did, I really couldnt make head nor tails of it. Double Dutch to me. Somehow I dont think this will look good if Im asked about my opinion or anything like that, any questions about why I thiink I should be allowed to have my case get the green light. I'm gonna do a bit more reading of other ppls threads I think, bit like a refresher course. Maybe, just maybe something will stick and I'll be ble to blag my way through the Court hearing. Time will tell , I am going in there fully expecting to get it set aside though so if anything else happens then I'll be well chuffed. If not then I'll just have to be patient for a bit longer wont I? Will update when Ive got more news. Off to do my homework now.:-| Regards (worried & confused) overflow.
  14. Going to Court on 19th Dec. Bank is requesting case to be set aside and a stay granted. Ive already been granted a Judgement by Default and had a warrant granted, now this. Will update nextweek.
  15. Thank you Tilly, I'll no doubt be thinking of this site as well and all of you. Trying to remember some of what I've read! LOL:lol:
  16. Hi All Well Im starting to count off the days now. Court on 19th ................. 5 days to go .......... and counting OOOEEERRR!
  17. Hi Stone, Congrats on the nice shiny snot. Lookin good. Thank you x
  18. Judging by that then Stone a GOOD TIME WAS HAD BY ALL EH! lol
  19. hi stone Thanks for the vote of confidence, but couldn't you have at least given me a nice young chappie in the box. Dont want anyone to think I'm turning.LOL;)
  20. Hi There Stone. Nice to hear from you . Glad you enjoyed your hols and I love your avatar. Where do you find them, very unusual LOL. Just 13 days to go now and the nerves are starting to jangle a wee bit. Ive never been inside a court before so think its just the fear of the unknown, but I suppose I'll be ok. Doubt if I'll be lucky enough to get the claim to proceed though but at least I'll have tried. Hopefully we will all be smiling after Jan test, just hope it doesnt drag on too long. Why has yours been moved back , did they give you any reason for that. Perhaps they know something we dont eh! One of my daughters freinds was going after the Nat West as a hardship case and told me yesterday that she has now had her o/d wiped clean and had a cheque for the rest of her charges. Did it for her on Tuesday, she's well chuffed. She had Judgment granted 2 wks ago and rang the bank to ask if they would pay out , some woman told her they would go for a stay so she quoted the S.S. Act 1992 (I think) to her , next thing she had some bloke ring her to say they would settle. Just goes to show there is light at the end of the tunnel, some banks are still payin out. Hope this gives hope to people to keep bangin away, not to give up. Ive managed to get myself a part time job as well now so I'm pleased at that, at last. All the knock backs made me feel that I was over the hill, but theres life in the old dog yet.LOL;-) Will post if there are any new developments , Good Luck with yours and relax and enjoy Crimbo cause then its back to the grindstone. Regards
  21. HI Guys Just a quick update. Ive penned a letter to the Court to object to the Haliprats applying for a stay and it will be winging its way to both the Court and the bank tomorrow. I must admit Ive used a petty big chunk of the letter in the thread -- stays , info and guidance----. Thank god for all you great ppl that contribute toward helping others. I didnt have a clue to where to start or how to word it so that it sounded professional. Fingers crossed it does the trick. Regards
  22. HI Ultrasonic Well done for sticking with it. Enjoy your money . CONGRATULATIONS. Regards
  23. HI MH just want to offer my CONGRATULATIONS as well. Great News WELL DONE. Regards
  24. HI Songwriter. Please could you start your own thread and keep us updated with your progress. I for one would be very interested in following up on your claim as I also have had judgement granted but bank requesting a hearing to have it set aside and stayed. The hearing for this is on 19 Dec. Would be great to hear how your getting along. Regards
  25. Hi Guys Ive just been browsing and came across this . http://www.bba.org.uk/content/1/c6/01/15/14/HBOS_defence_and_counterclaim.pdf Just thought Id post on here in case anyone is interested in reading it. Might give more insight into their defence .
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