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    • Should have ignored them from day one    Never give them pers financial details only a judge can demand said    Send them a cca request They'll never have a signed agreement. Bye bye debt   dx    
    • As far as I'm aware the local council don't have any information on the land. I will tell her to get some legal.advice about it. Thanks for your advice it's much appreciated 
    • Hi I would welcome some advice please.  I have been a CAG member for some time and you have helped in many ways.   Way back in October 2007 I took out a loan with Black Horse Finance for £4,000 to pay for a new central heating system that I was forced to install when I had to move into an old mid-terraced house.    The problems with this house got worse over the years and in October 2012 the account was assigned to MEIV who traded under the name Marlin. Also at that time my affairs were being handled by a Debt Management Company.  This company, Money Worries, subsequently disappeared with the MD being chased by Greater Manchester Police.    There followed a long and painful period with Marlin whereby they constantly stated there was no payment plan and I stated that there was.  They claimed no payments had been received and it was down to me to try and sort the mess out.  I said at the time that I would maintain the same payment as I had been to the DMC which was £12.25 per month.  I implemented a Standing Order to this effect.    Marlin, of course, wanted an Income / Expenditure form so they could (obviously) try and pressure me to pay more.  I wrote to Marlin saying their actions could amount to harassment but they continued to maintain there was no agreement and passed the account over to their so-called "solicitors", Mortimer Clarke.   in April 2014 enter Mortimer Clarke who were still, like Marlin, just agents.  As 'solicitors' they started threatening legal action, enclosed an Income / Expenditure form and demanded that I fill it up - effectively disclosing all.  A month later they wrote saying their 'client' had told them to start legal proceedings but actually nothing happened, maybe because it was already beyond 6 years.  They threatened CCJs and credit being "impacted" etc.    I discover that Marlin had actually increased the debt by £500 by slapping on punitive interest. After finally getting them to realise that there was a plan, whether they liked it or not, they removed the interest. I then made a reasonable offer, I felt, to increase the monthly payment to £20.  They came back again demanding their sacred Income / Expenditure form.    thanks to CAG I informed them about 'reasonable' offers of payment and Court Protocol rules and just went ahead and implemented the £20 a month. Back they came saying the offer had been accepted on a "concessionary" basis - whatever that's supposed to mean. In March 2016 they seemed more reasonable and continued the £20.   In October 2018 they try their tactics again and I respond with a strongly worded letter about harassment and follow through on my telephone promise to increase the monthly payment to £25.  Surprise, surprise, this is accepted!  All is then peaceful and calm until February this year when they start again.    As things are somewhat better for me the monthly payment is increased to £60 but now in September they're back again.  Now I know you will say I'm foolish but this time I completed their damn Income / Expenditure form but again, foolishly, I gave them figures based on our total family income.  I am retired as a full-time carer to our disabled son.  My wife is in paid employment but wants to build up savings to start a business idea that she has every chance of succeeding in. I gave them global figures for total Income and Expenditure as how much pocket money I give my son is of no relevance!   They are now saying on the basis of the figures I gave them that I have £494 disposable income and that their 'client' (i.e.MEIV) wants the monthly payment to rise to £345.80.  I am furious.  They have given me 14 days to accept ......or else!!      I am thinking I should do a new IE form based solely on my income and the expenses I pay each month but I thought I would come to you guys first.  If this were to go through it would leave us, as a family, with not much over a £100 to cope with emergencies.   Many thanks in anticipation.    
    • Has a check been made with the local Council Authority regarding the land ?   Usually Councils will have charts showing the land/boundaries in their area.   I know local to where I live there is land with disputed ownership, as documents are missing. There is then a claim process through land registry which you are going through. Because the land was not claimed or part of the property purchase 5 years ago, I believe that land registry are correct, that the landlord would have a 12 year period in which to register a claim for the land. Land registry won't as far as I know actually contact the landlord to make them aware. It would be up to landlord to find out.   There may be a process for there to be an agreement made between Mum and landlord now. Depends on how reasonable the landlord is. But there may be a cost involved in this process drawing up legal agreement for landlord to waive any rights to claim ownership of the land.  Seek formal legal advice from someone qualified to see if this is possible and if so how much legal fees would be.
    • Hi not sure if I'm posting in the right place here so apologies if I'm not. I don't know if anyone can help but basically my mum has been living in her house since 1997 and there is a piece of land that she has used and looked after since moving in there.she was a tenant in the house until she bought it around 5 years ago. She has recently tried to claim the land through the land registry (possessor title I think) however she had something back from them saying her landlord from when she was renting would be allowed to claim the title for the land or she would have to start her 12 years wait again from.when she purchased the property. Is there anyone that can give some.advice on this as I don't see why her previous landlord could.claim the land when they weren't the ones looking after it. Any advice is appreciated. Thankyou
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Halifax OFT letter/claim recollection....


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lol they will sedn you a letter saying on a purely commercial basis and withno admissinof liability heres your money

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I WON....!!!

 

Just checked my account, and the FULL amount is there..... suppose i shall get a letter through the post tomorrow....!!!

 

WAHOOOOOO!!!:D:lol:

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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Is there a list of successfull won cases SO FAR, that i can include in my costs claim upon wording: "I also enclose a list of all cases of which I am aware in which Halifax PLC was the Defendant. Every one of these cases was settled in full before a hearing despite a defence being entered by the Defendant."

I have looked, but alas, cant find it!!!

Thanks.....

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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Hi, Toto.

 

If you go back to the Halifax and Bank of Scotland Forum and down at the bottom is Halifax and IF Successes. Not sure if that's what you are looking for.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Really was looking for a list thats being updated constantly, thought there would be one that i could copy and paste???

 

How would i get such list as per template snippit above - apart from clicking and copying from every thread in the won cases forum?

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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  • 1 month later...

Having won my case already and it paid in full, i had forgot about my claim for costs (for my time, stationary, phone calls etc...) and i have this morning received a date for a small claims hearing date.

 

The hearing is on the 3rd August, and im not particularly bothered about this as it was just a little extra for my time, but obviously i would like to win this too.

 

Any thoughts or suggestions about attending a hearing for personal costs?

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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Did they acknowledge the claim but settle without filing a defence

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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They settled 'for economical reasons' and 'without admitting liability'. They left it til the last minute, but didnt file a defence, they said they would, but never got round to it.

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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They settled 'for economical reasons' and 'without admitting liability'. They left it til the last minute, but didnt file a defence, they said they would, but never got round to it.

 

If this is the case, I dont think you have any grounds for costs. You have raised a claim, they have settled. The wasted costs orders that people are applying for is when the banks have filed defences and then at the last minute settled.

 

What Halifax have done is respond to your claim, looked at it and then decided to settle.

 

Id be very carefull because you may be liable for their costs if the Judge sees your claim as having no merit, which IMVHO it hasnt.:-|

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Hmm.... interesting perspective. I might just do the very same as the bank..... see if they DO pay up close to the court date, then cancel the case 'as settled' if they dont, just a few days before

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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  • 3 months later...

Hi all.... havent been here for a while as i won my case a while ago now, but i have just received a letter from the Halifax worded the following:

 

Dear Mr ******

Your case in relation to bank charges is curently pending before the court.

 

We wrote to you recently to make a goodwill offer as full and final settlement in relation to your complaint about bank charges.

 

As we said in our letter we believe the charges are fair, transparent and lawful. However, since we last wrote to you, the bank (along with a number of other banks) has now become involved in legal proceedings with the office of fair trading (OFT) in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges.

 

You should be aware that the bank will apply to the court for an order to stay your action until resolution of the banks proceedings with the OFT. As a result your case is likely to be put on hold until the outcome of these proceedings in known.

 

However, the goodwill payment the bank made to you still stands and you can accept or reject this offer. PLease return the attached form, in the pre-paid envelope, within 2 months from the date of this letter. You should be aware that if you accept this offer, this will be a "full and final" settlement of your complaint. This means that it is unlikely you would be awarded a further sum even if the test case indicated that you could be entitled to a potentially larger amount. Though this does not preclude you asking for repayment of any future charges if the court finds they are unlawful.

 

If you decide to reject this offer and await the outcome of the legal proceedings with the OFT you will need to return the money which we have already paid to you. We will reconsider your complaint once the test case is resolved. We can assure you (in that instance) we have registered and stored you complaint.

 

If we do not hear from you by Nov 19th 2007, we will assume that you have decided to reject this offer and await the outcome of the legal proceedings with the OFT.

 

Given the court case we have asked thr FOS not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not to proceed with cases which rely on the legal issues being considered in the test case.

 

We have asked the Financial Services Authority (FSA) to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.

 

We will keep you updated appropriately in respect of the proceedings with the OFT. You can also check the latest position on our website at Halifax Online Banking - UK Banks, Finance, Personal, Telephone & Internet Banking

 

WE can assure you that we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case.

 

Once the legal proceedings between the OFT and the banks finish, we will resolve your complaint as quickly as possible applying the )test case) principles, which may a generate larger or smaller figure when compared with the current offer.

 

As a general matter, we will ensure that your claim will not be adversely affected by the stay of your court proceedings.

 

Thanks you for you patience....

 

Halifax.

 

 

 

Now.... what do i do now...? If i ignore the letter (which is what i deep down want to do!) they will take back the £600+ that they paid to me a few months back leaving my account overdrawn (by their own doing) just before rent day, and dont want to really signed the agreement that i accept the offer as its giving them the upper hand. They paid me ALL i requested, so i cant understand why they are following it up now???! And its at the back of my mind that there might just be an extra amount awarded due to the OFT involvement (bit of compo??!) but if i dont sign, ill be in the s**t!!!!

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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I WON....!!!

 

Just checked my account, and the FULL amount is there..... suppose i shall get a letter through the post tomorrow....!!!

 

WAHOOOOOO!!!:D:lol:

 

 

You stated in this post you had won the full amount.:???:

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9 threads merged.

 

Am I right in assuming that this is your case for costs, not the case for charges? In that case, you have already been advised that you shouldn't have gone ahead with it.

 

You have been paid in full for your charges, you are playing a very dangerous game here. As you say, they will take back their charges and leave you stranded for a case at which you have no real chance of succeeding. My advice would be to give in now while you can, eg withdraw your cost claim and send back the letter.

 

I would also advise to report their actions to the FOS/FSA, as it seems to be a clear attempt to use the upcoming test case to coerce claimants into accepting smaller settlements. In your case, it's irrelevant, but for many others, it will be very relevant, and the FSA need to know that the bank is abusing the test case, it could help overturning the waiver due for review shortly. The review is due end of September, so time is of the essence.

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I can only assume that its a general follow on, because the case for costs (which i actually forgot to cancel) went through without either party at court, so i was sent to a standard ruling on my behalf - and wasnt awarded a thing!

 

This letter came from now-where. I appreciate i won everything i went for, but its just that i dont really want to sign anything, and give in to their ways.... especially as they word it 'without admitting liability' etc... I want them to admit it!!!

 

I wonder how many other people are being contacted by this very same letter?

 

Maybe i should just sign it and send it in... after all, ive got back everything i asked for.

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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