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Everything posted by DerekRoney

  1. Firstly my apologies to those who sent me instant messages.This is my first time back online since my last post and Ive only just read them. Today, i had my moment in court.As you can imagine I had an idea what was going to happen before I even turned up today. Anyway, the whole experience was quite sureal. I turned up at the court, was checked for any dangerous weapons by the securiry guard then sat down to await my fate.There was one other person in the waiting room ,a guy wearing a suit who looked very familiar. The security guard asked my name and I told him.At this, the person in the suit called out my name.He told me he was representing the bank and he told me his name. I stopped him after he told me his first name.This solicitor was a guy who used to be my best friend and who I went to school with my whole life.I hadnt seen him in over 22 years.(Im now based in scotland and was claiming from where my parents live.) He ushered me into an interview room and explained what was going to happen.He then said that because there was a conflict of interest between us that he could get the court date moved back a month or so.I told him that I wanted this over and done with. We went into the chambers and sat down.My one time friend explained to the judge the circumstances of our one time friendship.The judge asked me if I wanted him to leave and I said no.The judge then ordered that he could stay but couldnt participate in any conversation. The judge explained before i even spoke that he would be staying this claim unless i had exceptional circumstances which would make him alter his decision. I knew i was doomed but decided i was going to make this judge work as long as i could.I explained how sickened i was by the way i was treat by the bank,how the normal man on the street obeyed and followed the law and how there was another rule for the banks.He agreed I had a strong case but told me they had been given a directive to stay all these claims now until the test case is heard.He also suggested I was unfortunate that the banks claimed they had never received any correspondance until they received judgement !! He only served to start me off again !!! As i left court with my old friend, I asked him how much he was being paid by the banks for my day in court.He politely refused to tell me but wished me luck.
  2. I got another letter through the post today.This time from the court. The Halifax's application to set judgement aside will be heard in Morpeth court on the 26th November. It included a bundle of papers to which the bank say are justifyable reasons to have it set aside. The only good thing is that the Halifax wanted this granted without a hearing but at least im getting that. I will need to phone the court on monday to find out what happens next.
  3. Hi Stonedecroze, do you know if the courts are agreeing to put aside judgement and stay them? I had alreadly had a notice of issue of warrant for this case. I have another claim which is with the BOS that has been stayed already.
  4. I recieved a letter from the Halifax today saying that they acknowledged I had won my claim by default, but that they were now going to apply to the court for an order to set aside judgement.Basically they want it stayed until after the OFT case is heard.I guess Im not the only one this is happening to but are the courts agreeing to this?
  5. I recieved a "Notice of Issue of a warrant" from the court on the 4th september.I hadnt heard from either the court or the bank so I phoned the court today. They told me the bank hadn't replied to their warrant and that the next step was to pass the warrant onto the county court in Halifax to organise for bailiffs to go in. Anybody else had this experience?
  6. I received a copy of the banks allocation questionnaire today and they are asking the bank to stay the claim until after the test case with the OFT.Im not sure if the court Im using (Morpeth & Berwick County Court) are granting stay's for these claims.Hopefully not. Just realised also that the papers from Optima Legal services claims the defendant is Halifax PLC and not BOS or HBOS !!
  7. Hi Kelvid, Ive recieved the exact same defence as you today.Your a little further on than me so how are you getting on?
  8. My mother phoned me today to tell me there was a letter from an Optima Legal Services ( I used her address in England as I now live in Scotland). They are defending all of the POC .There only admission is that Im the BOS customer. I havent got the letter yet as she is sending it on to me. Has anyone else gone through this with the bank actually filing a defence? What happens now? Any help appreciated.
  9. Thanks sea-sidelady How long does it normally take when you get the court to do a warrant of execution before you see your money?
  10. Finally heard from the court today. They wrote to to tell me that judgement was found in my favour and enclosed a copy which was sent to the bank demanding they pay me or else Still no sign of any money yet.I have already sent the seven day letter for payment before seeking judgement.Do I apply to send the baliffs in now or what? Guess this means Ive finally won
  11. I had filed at court and today I received a letter from the court saying that the bank intended to defend all of the claim and it gave me details of their solicitors, who are based in Bradford. I am also near to finishing a claim against the Halifax.They acknowledged my claim and said they were going to defend that one but I didnt get a letter like the one I got today. This is slightly concerning for me but I guess Im not alone in receiving this kind of letter.
  12. Filed for judgement at the court,posted it last thursday but heard nothing from the court yet.Probably due to postal strikes. However,for the first time, the Halifax did try and contact me.They phoned my parents house at 17.20 yesterday asking to speak to me. (Using parents address as im now in scotland). My mother said I was at work and asked for a number so I could return the call but they refused and said they would catch up with me lol. Told my mother to give them my mobile number so they can contact me directly.Heres hoping I hear something today.
  13. The 7 day letter has expired and still heard nothing so I have applied for judgement which the court should have got today.Anybody have an idea how long I have to wait now and what happens?
  14. Phoned the court today to check if any defence had been sent from the bank and it hasn't. The lovely lady at the court said I should file for judgement. I will send the seven day letter off tomorrow asking for payment to the bank. Ive still had no correspondence at all from the Halifax and still no cash in my account but it looks like its finally over. BOS next, here I come:-D
  15. Well, Im just back from a week's holiday.The bank had until the 18th to submit a defence.Ive spoken to my parents and there has been no correspondence from either the bank or the court.I will phone the court tomorrow to find out whats happenning.I wonder if this means I will have won?
  16. Well the bank have until the 18th to submit their defence in court.Still no news or any sign of my money yet. Im actually going away for a few days with the family so wont be near a pc to update.At least by the time I come back it should all be over.Lets just hope they dont submit a defence .
  17. As Im claiming using my parents address in England ( I live in Scotland), they got a phone call from the Halifax legal department on their answer machine saying the Halifax has until the 18th to submit their defence in court. I'd originally sent the seven day letter for them to pay up or I win by default as they hadnt responded in time. I suppose at least this shows they know my claim exists, not like when Ive phoned in the past and nobody can tell me anything as they couldnt find my complaint in their system.
  18. Hi Dusary, Ive read SSL's posts and I know your right that they probably will put the money into my account.However Ive never been that lucky before so Im expecting anything that can go wrong, will go wrong . Hence the reason Im asking the questions, just in case:o
  19. Im needing help again, The Halifax has until the 17th to put forward a defence in court.I still havent heard anything from either the court or the bank since they said thet were defending,so Im unsure what will happen.Has anybody else been at this stage? Will the court inform me of a date for a hearing and what if the bank fails to make a defence?
  20. the responded on the last day to say their going to defend.So that should be another 14 days then.If they dont put a defence in will i win automatically then
  21. My papers were deemed served on the 20/6/7 . I take it the 28 days starts from then? What should i be doing incase they do defend in court? Has anyone actually had to go to court with the Halifax on here?
  22. I got a letter this morning from the court saying that the Halifax were going to defend the whole case and that they have 28 days. Anybody else been here and should I be worried? What should I do now?
  23. Im about to send the Halifax the final 7 day letter before I apply for win by default. As I live in Scotland, I filed the court claim using my parents address in England. I assume I should use their address on the 7 day pay up or else letter instead of my own ?
  24. Hi Kenny, are you saying the letter is the best route to go down then?
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