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Everything posted by MacBoy

  1. Thanks for the feedback guys. Yes Angel, you are correct it is all about prep. I'd also add, for those going for compound interest, reading your case law and understanding it; not just being able to parrot it. Photoman - the interesting thing (and in my view a strong indication that the banks are running scared on compound interest and Sempra) is that for this trial, they hired a very highly-rated (Legal 500) Banking Barrister from probably the pre-eminent Chambers for complex banking cases, Fountain Court. These guys don't come cheap. They are definitely worried. Someone is going t
  2. He didn't, and I didn't play on it Tuttsi - although the barrister asked me beforehand if I was planning to. I definitely considered it -but once aware of the DJs other concerns with the case decided to pick my battles.
  3. Update Case has been adjourned for a period of "2-3 months" for a Directions Hearing in relation to the current Test Case for Bank Account cases. DJ said that he had 'concerns about this case at either end', saying that on the one hand he felt that the only way he thought my claim could go forward was as 'a contractual claim'; and that the establishment or otherwise of this had a dependency on the full outcome of the test cases. He said that on the other hand, The County Court was a 'creature of statute' and was not convinced it could actually award compound interest - even tho
  4. Halifax surprised me by serving a Witness Statement, along with a Skeleton Argument written by a top Barrister and an intimidatory covering letter at 9am this morning by FedEx. That's ZERO working days before the trial. Am working on responses and getting my bundle together, although I am going to first try and nail them for breaching the Judges orders that they must have their documents in by 1st December.
  5. Sally, TUTTSI Although all seems quiet, things have been buzzing along in the background with research, preparations and so forth. Bank Account is stayed as you know, but Credit Card Interest Hearing (compound vs. simple) is a week tomorrow, 15th Dec. Will keep everyone posted Mac
  6. Update - Current Account Defence arrived at the weekend, with a £200 AQ fee to pay. Also included (slightly worrying), was the fast track/Multi Track leaflet - I was hoping to be able to keep it away from those. I have until 3rd Nov to file AQ. Claim No: NLBXXXXX IN THE LAMBETH COUNTY COURT BETWEEN: Mr. M. Boy Claimant ~ and ~ BANK OF SCOTLAND PLC (SUED AS "HALIFAX (BANK OF SCOTLAND) PLC") DEFENCE 1. On 27th July 2007 a "Test Case" was issued in the High Court between the Office of Fair Trading and a number of banks (namely
  7. Update - Current Account AckoS filed @ Lambeth on 19/08 with intention to defend.
  8. Well yeah.. but there's not that much I can do about it, Tuttsi . I'm not a hardship case, so Ill just have to deal with it I guess.
  9. Update - Current Account Standard Stay letter rec'd today.
  10. Response letter to amended Defence Will be posted in the morning. I'm currently considering a response to their Defence via the court, but may not bother, in the light of its sheer crapness DLA PIPER UK LLP Princes Exchange Princes Square Leeds LS1 4BY Original to: DLA Piper Copies to: Halifax (Bank of Scotland) Plc, Lambeth County Court Saturday, 20 September 2008 Dear Sir/Madam Case No. nLB0nnnn | Your ref. xxxxnnnnnnn Response to forced settlement offer made after Amended Defence Filed It appears from reading your client’s amended defenc
  11. Indeed, sallysas. Apart from a letter I'm drafting to the solicitors (insisting that they do not make the intended deposit into my account and that they reverse the one they already have made), I don't think I'm even going to bother with a Reply to Defence ahead of the hearing now - it is that crap. Why should I give them another chance to get their act together? I have every reason to believe that the Judge will roast them alive for this. They have completely ignored his direction.
  12. Amended Defence from DLA Piper below I've typed this, but the original as sent to me is a complete bloody mess, containing all the original defence written by HFX's in-house team; crossed out and the added stuff double underlined. See sample image below: As well as as looking like a total dog's breakfast (which I'm sure will not impress the judge), I just can't see how what they've added (marked in bold below) strengthens their case one iota. I'm not a lawyer - but this is certainly not what the Judge asked for. IN THE LAMBETH COUNTY COURT CLAIM NO. 8L
  13. Thanks TUTTSI -I'm hoping that some of it at least will be useful to other CAG-gers
  14. Indeed it is, sallysas - for the Halifax anyway. I intend to get a parachute a/c opened up shortly and go after A&L, which is the home of my 'current' Current Account (if you see what I mean!). Meanwhile the endgame for my Halifax Credit Card case (or more correctly the argument for CI therein) will take place in December.
  15. Current Account case duly filed this afternoon. Also payed the Hearing Fee for the Credit Card case into the Court office.
  16. The upshot of the above is that the Judge has recognised that I have correctly identified and argued the case for CI, but that the Defendant has not addressed it properly in their Defence. In other words - they've been lazy, dismissive - and caught out It will be interesting to see, having already sent counsel once to court to defend this matter, and now being effectively made to answer a much more complex and involved argument than they had anticipated; whether they will spend thousands of pounds more in Barristers and solicitors fees (to attend and facilitate a 2.5 hour court hear
  17. Update Mr. M. Boy vs Halifax Bank of Scotland Plc Before DEPUTY DISTRICT JUDGE XXXXXXXXXX sitting at Lambeth County Court Upon hearing the Claimant in person and counsel for the Defendant IT IS ORDERED THAT: The Claimant's application to strike out the defence is dismissed, the court being satisfied that the sole remaining issue as to compound interest is sufficiently identified in the pleadings The Defendant may, if so advised, amend the defence in relation to compound interest provided that the Amended Defence is filed at court and served on the Claimant
  18. Application Hearing, Today, 14:00 Lambeth CC Bit of a Curate's Egg, really (good in parts!): Judge started off by asking Defendant's Barrister whether they were sure they wished to proceed with the Defence they had submitted. The Barrister said they did. Judge recognised immediately that they had played the Halliday card (see para. 5 in their defence). He said that it is clear that the Claimant has put forward a much more sophisticated argument than the one they appeared to have responded to. He said that in his opinion the matter of whether or not I was awarded at CI
  19. It seems I've stuffed up . I've had it in my head for weeks now that the case was today - and doing a final document check this morning have just noticed the date on the N24 form (Notice of Claimant's Application) - 22nd August - tomorrow!!!! DOH! Just as i was I was pumped up and ready to go as well LOL. Well, I suppose that's what checklists are for and it's a damn sight better than being wrong the other way So...as you were - same time tomorrow? :grin:
  20. Update Have this morning received an N434 informing me that HFX will be sending on a sub (DA Piper UK LLP) to do their dirty work for them - namely to try and stop me getting their s***e defence struck out. Wish me luck .
  21. Hi all Thanks for the advice kenny. I've tried what you suggested, but the dropdown seems to merely reflect my settings in the user CP. I am still unable to receive updates. I've also raised this with my email provider to see whether the notifications are sitting on their servers. Sallysas - thanks for your keen interest! Yes you are correct, I haven't filed the Current Account case as yet - but I'm working on it. I'm considering a split between the pre-and-post 6-year elements. I'll document what I decide here. In other news, I will be going into Court on Thursday to attend th
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