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nigel1804

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  1. Hi again everyone I have received their defence today with an allocation questionaire. it has written all over it £200 fee payable. Now the courts have already agreed that my court fees will be paid due to hardship so I won't have to pay this fee correct or not.?? there is another part (F) Directions in the questionaire that I'm not sure about...! In the libraries it shows a template with several points in it do I do a Word copy of that and put attached to the questionaire.? As my claim is for £5,128 that includes interest s69 should I ask for it to be put through small claims do you think as it is just over the 5k limit. Regards Nigel
  2. What sort of idiots do the Halifax employ... if he knew his stuff then he would of known that court fees are paid if it is deemed that you can't afford to pay them Clever arrogant git. regards Nigel
  3. I think the banks mess and faf around.. if you don't show positive action ie take them to court they will mess you around like hell. This has gone on for years like this, just as the staff will blaitently say they don't ever refund bank charges.........well look at the figure at the top of this site as to just how much they have paid back and the fact that they are drawing out the last two court cases with the OFT........will they accept ever that they are wrong.? regards Nigel
  4. Rachel ...Hi I think you would of done better taking them to court . if you can proove hardship to the court there is an ex160 form, if yop fill this in accuratley and it shows hardship then they agree to pay your fees,.... regards nigel....see my thread
  5. Hi again everyone, just had a reply back from the bank. Its a long winded letter explaining how they think that the fees are fair and that they have asked for the normal timetable for dealing with these types of complaint are on hold and that they feel it only right to" resolve the key legal issues before they decide how they should respond to my complaint". MMMMM starting to sound more like a fob off letter to me. there is a paragraph here.." you should be aware that if you choose to issue a claim in the courts the bank will immediatly apply to the court for an order to stay your action until resolution of the bank's proceedings with the OFT." Well isn't that why you are replying to me now because that is exactly the reason....I have proceeded through the courts?. They then are saying that they can not see "any clearsigns " that I am experiencing any financial difficulties with the information they have. They want me to fill in a "common financial statement" showing my current financies and that I should seek an independant non fee paying third party debt management company. :evil:"Why?." do they know my situation better than me.?. They then go on to say that on receipt of my completed form they will make an assesment of my situation in accordance with our responsibilities under the banking code. Now...! anyone that has had the good grase to stay with me on this ..does anyone know what my next stage is.? Do I reply to this to show good communication between me and the bank, or do the courts decide that there is a case of hardship and continue with the proceedings. This letter looks like the letters that fobbed you off in the old days before the OFT case. Has anyone been at this stage under hardship cases if so do I just wait to see what the courts say?. Manythanks guys...regards nigel
  6. Just to let everyone know I have filed my N1 and have been allowed court fees paid after a lengthy 4 visits to the courts. The staff at Leeds are excellent. I'd like to mention one guy in particular but I don't know if I can.? I have asked the judge that a stay of action not be placed on the case due to hardship so will see the out come of that....... Just to let everyone else know. If you have filled in the ex160 form make sure that everything adds up precisely. If you are filling it in and are claiming the benefits then proof will be needed and I think that will be all you will need. But if you are filling in section 4 and I should think section 5,you will need proof of bank statements, if filing as a couple both parties statements, any monies going into the account will have to have proofs of. ie mortgage protection or loan protections if they are paid to you first, if they are paid direct to the loan company then I don't think that counts. You will need letters of proof, even if your son pays you board then they have to write a letter to say that they are paying you ex amount per month and sign it. Any benefits you receive ie child benefits they will want to see proof of.......so just take heed it will save you a lot of trouble. Hope this info might be useful ,this is my 5th time at this so here goes. Just thought it might save a few trips backwards and forwards for people if I shared my experience with you guys. regards nigel:cool:
  7. Ok Caro many thanks, sorry for delay in reply my internet has been down so delayed my reply.regards Nigel
  8. Ok Caro Do you mean those words exactly or the whole paragraph about using my information.? Regards nigel
  9. Hi again everyone. I wonder if someone could run an educated eye over a draft letter I have put together for my new claim not to have a stay of action emposed on it.Any comments much appreciated. regards Nigel Dear Sir/Madam, Please find attached a detailed summary of my financial standing, as evidence in support of my claim/request, be treated sympathetically and speedily in view of hardship. I am currently self employed and had a poor financial year 2007-2008.Since the 3rd June 2008 have not been able to work due to injury. I have full doctor’s certificates and have made provisions in the past for such an eventuality with Mortgage protection and loan protection insurances. I am currently struggling on my working tax and family tax credits only and the help of my pensioner parents. I have recently been behind with my mortgage by three months and my council tax is in arrears by two months. I am currently looking towards Invalidity benefit. My situation hasn’t been helped by the bank continually charging extortionate amounts from my account. I am currently experiencing hardship and as such believe it should be exempt, under the waiver of July 2007 and continuation of July 2008 from the stays that are being imposed due to the current test case between the OFT and 8 banks. I look forward to acknowledgment of this, with an undertaking that you will proceed to process it, as per the requirements of the terms agreed within the waiver. Yours Faithfully Enc; Financial Statement. Data protection act 1998. I give my permission for you to process/use data related to me, in the course of processing my claim to a satisfactory conclusion. Signed Name
  10. Hi Caro many thanks for that. I take it that I put this in the small POC on the actual N1 form not on the 2 page large POC that is in more detail that we have a template for.regards Nigel
  11. Hi everyone. Is it possible to ask for a case not to be stayed. Ie when I put in my N1 form knowing that all other cases in this field are to be stayed on the outcome of the OFT case. Is it possible to ask straighht away or do I have to wait until the N1 form has been deemed served and a case number assigned to the case before I can ask for the stay to be lifted. regards Nigel:-?
  12. Hi Caro, thanks for replying. I asked the court if it had been struck out and it had it was the 4th March 2008. But the girl said use a 244 form to ask for reinstatement. I will do this and place my new claim in at the same time although the girl was very helpfull she said ask for the judges guidance on my new claim to see if it could be added to my old claim and then the stay be lifted on the grounds of hardship . Maybe Bankfodder or yourself might be able to point out to people exactly what the General form of judgement or order means so that people of lay knowledge will realise to keep up with the courts. I'm asking for the judge to reinstate on the grounds that it was stayed on the outcome of the case between Office of fair trading v National Westminster bank and others and that the case hasn't been settled yet. Not sure what to put on the 244 form. For instance question 5 what type of heearing does this require to have it reinstated which box do I tick there.? And what about question 10 ????????? Is there a template to help fill in this form ?????? Many thanks for your help. I think it might be simpler to just put new claim in and ask for reinstatement of old. the ask for the stay to be lifted.don't you. regards Nigel
  13. :confused:UPDATE!!!!!!!!!!Looks like it has been struck out I believe that I have to fill in a N244 form and ask for it to be reinstated....at £75 fee.regards Nigel:confused:
  14. Hi again everyone COULDF SOMEONE PLEASE HELP? just noticed that on a GENERAL FORM OF JUDGEMENT ORDER it says the following. IT IS ORDERED THAT. 1. tHIS ACTION BE STAYED PENDING THE FINAL DECISION(BEING JUDGEMENT IN THE ACTION OR THE FINAL APPELLATE COURT, WHICHEVER IS THE LATER) IN THE TEST CASE BETWEEN THE OFFICE OF FAIR TRADING V NATIONAL WESTMINSTER BANK PLC AND OTHERS (THE TEST CASE ) OR FURTHER ORDER OF THE COURT. "DO I HAVE TO DO ANYTHING ABOUT THE NEXT PARAGRAPH.?" 2. IF NO PARTY SHALL FILE AT COURT OFFICE BY 4.00PM ON THE 4 MARCH 2008 A WRITTEN REQUEST FOR DIRECTIONS AND /OR A HEARING DATE THE CLAIM SHALL BE STRUCK OUT WITHOUT FURTHER ORDER ON THAT DATE. CAN ANYONE TELL ME IF MY CLAIM HAS BEEN THROWN OUT OR IS IT STILL IN PLACE DUE TO THE STAY OF ACTIONS STILL BEEN IN PLACE THIS HAS BEEN IN SINCE 5 SEPT 2007. AND IF IT HAS BEEN THROWN OUT SHOULD I JUST MAKE A FRESH CLAIM FOR MY LATEST CHARGES AND ADD THIS PERIOD ON TO IT ......PLEASE HELP REGARDS NIGEL
  15. Yes I thought that was your train of thought. It used to be that both tax credits were allowed but anyway it seems not nowadays. I believe there is a hardship template spreadsheet in the templates library. Should I wait for my new claim to be stayed or should I ask that it not be stayed when putthing the claim into court with hardship letter and hardship spread sheet. You see I have already got one claim going through the stayed stage and now I want to put a further claim in from the same account. Regards Nigel
  16. Hi Caro, I don't think so. The last time I looked into this they had changed the qualifying. My first cases they allowed me to claim on the grounds that I was climing tax credits and working tax credits. When I last looked I think If you had both credits then you were excempt from the waiver of court fees. I'm not bothered about the court fee as my parents will lend me that (I can give them it back when they pay out;)).Its just at the moment I'm on the sick self employed and only my tax credits coming in.I don't think I can claim statutary sick pay because I only pay class 2 NI. Unless you know any other. Regards Nigel P.S. sorry for the delay but thanks for your help.
  17. Hi again .Do I send the hardship letter to the courts so they then process it on to HBOS. And has anyone asked for the stay to be ignored when pitting in a new claim. I have a new claim and would like the stay to be lifted on the grounds of hardship. So do I have to wait until the stay is put on before I can ask for it to be lifted.So could I ask for a stay not to be placed on the claim show hardship grounds straight away. Help:? Regards Nigel
  18. Hi is there any MODs that could possibly help me in this matter.I have won sveral other cases against the Halifax so would I put these into my letter like in the above part 6 position.Hope everone hasn't disappeared. Also couls anyone advice me.A while ago I sent in my prelim letter and my LBA letter but held back on my court N1 to which lots of charges have been added since should I start the process again or should I just send in my N1 now Is there a time span from LBA to N1 after the 14 days have passed as to which you should re shedule the claim. Regards Nigel
  19. Could someone please tell me if I would use this letter as a request to stop the stay of action . I wish to use the fact that it would be under hardship (please see proceeding replies) so do I have to use all 8 points or just the one about hardship and the otherpoints in black only. Claim no xxxxxx In the (insert place)County XXXXX(your name) Claimant and XXXXXXXX Bank plc Defendant SKELETON ARGUMENT FOR THE CLAIMANT(Litigant in person) In the proceedings on xx/xx/xxxx at x.xx am/pm relating to the Defendant’s application to impose a stay/or the Claimant’s application to lift a stay The Claimant will rely on the following submissions: 1. Human Rights- To impose a stay in the present proceedings would infringe my rights conferred by Art 6 of the European Convention of Human Rights, to receive a fair hearing within a reasonable time. 2. Blanket stays – The imposition of blanket stays runs contrary to the wishes of the Master of the Rolls and my right to have my case decided on its merits. 3. Distinguishing factors - (add any distinguishing factors here ie things which make your case different to that of OFT eg if your bank has defended purely on the basis of penalty rather than UTCCR also if yours is a credit card, mortgage or business claim 4. Hardship – give a brief outline of why you will suffer hardship if your case is stayed 5. Balance of convenience – A stay will disproportionately affect myself and operate oppressively whereas it will relieve the defendant of all obligations towards me until the outcome of the test case 6. Defendant’s conduct -Give brief details of your banks litigation conduct in your own case and in other cases eg if they drag things out and settle at last minute 7. Status quo - A stay would not maintain the status quo but would favour the defendant by allowing them to continue to apply charges to my account without allowing myself to pursue a legitimate claim to a remedy 8. Conditional order -Should the court be minded to order a stay it is respectfully requested that conditions should attach to the order so as not to prejudice the claimants position. Such an order should include a). That the defendant bank is prevented from applying further penalty charges to my account until the final settlement of the matter. b).That the defendant is prevented from applying interest charges to any outstanding amounts which are comprised of penalties until the settlement of the matter. c). That the defendant is prevented from closing my account. d).That the defendant is prevented from making any entry on its own systems or from communicating any similar information to any third party about any matter insofar as it relates to penalty charges until the final settlement of the matter. e).That the defendant removes any derogatory entry on its own records insofar as it relates to penalty charges. (The Court has the power to do this under the Data Protection Act 1998 ) f). That the defendant arranges the removal of entries from the records of any third parties to whom it has previously communicated information insofar as it relates to penalty charges. (The Court has the power to do this under the Data protection Act 1998.) g). That these injunctions remain in place until the settlement of my claim. h).That should my claim proceed to a hearing that a decision should be made at the hearing as to whether these injunctions should be made permanent. i).That if the matter should not proceed to a hearing because the defendant decides to settle outside court, that these injunctions should become permanent Signed dated
  20. Hi again, right so I've read up on the lifting of the stay of actions. Can this be asked for at any time on a case or does it have to be done within seven days of the stay being made. I'm self employed and I am only receiving my family tax and working tax credits as I've been off for six months with an injury. I have all my doctors certificates from June and my parents have been helping me through. Can somebody show what form to fill in is it the N244 form and I take it I send it to the banks solicitors with my case number. Regards Nigel.
  21. Hi everyone just heard that we won the first case and now it is going to be dragged on for a further 6 months. Can anyone give advice to how you claim for hardship.? Regards Nigel
  22. Hi everyone has there been any further movement in the case with the OFT. This does seem to be dragging on . Regards Nigel
  23. Hi everyone just had a letter from my courts "General Form of Judgement or Order" Which reads. Before DISTRICT JUDGE BEDFORD sitting at Leeds County Court, Upon considering the papers on the court file. This order was made of the District Judge's own initiative. If you object to the order you must make an application to have it set aside,varied or stayed within 7 days of receiving it. IT IS ORDERED THAT. 1. The claim stand out under the Order of 25 September 2007 , no request having been filed under paragraph 2. Dated 28 November 2008. sorry to sound thick but what is this asking me to do or what are they saying is happeneing. regards Nigel
  24. Hi everyone just had a letter from my courts "General Form of Judgement or Order" Which reads. Before DISTRICT JUDGE BEDFORD sitting at Leeds County Court, Upon considering the papers on the court file. This order was made of the District Judge's own initiative. If you object to the order you must make an application to have it set aside,varied or stayed within 7 days of receiving it. IT IS ORDERED THAT. 1. The claim stand out under the Order of 25 September 2007 , no request having been filed under paragraph 2. Dated 28 November 2008. sorry to sound thick but what is this asking me to do or what are they saying is happeneing. regards Nigel
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