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I have just checked with the Court and Halifax have still not filed a Defence. I also found out that I can file an Application to enter Judgement by Fax provided that the document is dated and transmitted after the last day for filing a Defence.

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Very handy to know.

 

Would you need to do this before going to Wales then ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Not really. I will complete the form with Friday's date and take their fax number with me. Then I will find a fax machine early on Friday morning and send it to them.

 

Timing is quite important because the Court say that if the Defence is received at any time upto my applying for Judgement then they will accept that Defence no matter how long after the 28 day deadline.

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If you take their number too, you could double check that they had not submitted anything before you fax in....

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I will have their number with me but they cannot tell me definitively whether a Defence has been filed on 3rd August until 10-00am on 4th. This is because 'phone lines operate from 10-00 to 4-00 whereas their office works behind locked doors from 9-00 and until 5-00pm.

 

For that reason I intend to fax through the Application to enter Judgement at 9-00am on 4th August which will take precedence over any fax or letter received from the Halifax on that day after the time of my fax.

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  • 3 months later...

In terms of my own action, I have been sitting on my hands awaiting the outcome of jonni2bad's action to have the default removed and I was sorry to learn of the outcome.

 

The situation on my accounts is that following the refund of charges I have a residual overdraft of £800 and two savings accounts with a total credit balance of £1,100. So the net effect is that Halifax owe me £300-00.

 

However, as I posted previously, I have no access to any of the accounts and when I check online I can only get to the "My Portfolio" page listing the accounts and balances and no further.

 

At least, that was the situation until this morning as when I checked "My Portfolio" my current account - which as I have reported before is now called cardcash account - had a zero balance with a similar reduction in one of the savings accounts; but still no access available online to the other accounts.

 

I have endured several 30 minute plus phone calls which I made to Halifax, Blair Oliver Scott and Wescot. In the case of the latter firm they say they knew nothing about my savings accounts, yet when I spoke to the Halifax they said that there were markers on the accounts and I needed to speak to Wescot. That is a very brief synopsis of what has gone on although I should add that I have sent several letters to the Halifax which I always send by fax as well as by mail. Needless to say, I received no reply.

 

Having read jonni's report I have now decided to apply for judgement to be entered against the Halifax. Presumably the bank will respond by saying they have paid the monetary claim to which my response will be that I have received nothing. I will then apply for an Order regarding the default notice. However, I suspect I will have to commence a separate action under the Data Protection or Consumer Credit Acts to achieve that purpose.

 

There is a side to these actions which does not appear to have been used. As we all know, the bank are settling without admission of guilt or liability. However, I do not think that they can do this literally hundreds of times and still pretend there is no liability on their part. I intend to make that point if my case comes to Court. I will seek to liken their claim of no liability with the blanket statements of no liability for hats and coats in a restaurant for example.

 

Finally, another interesting twist to this case is that the default letter which Halifax sent me was dated 5 days after they wrote to the Court acknowledging my Court Claim which I think places them in an awkward position.

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  • 2 weeks later...
...Finally, another interesting twist to this case is that the default letter which Halifax sent me was dated 5 days after they wrote to the Court acknowledging my Court Claim which I think places them in an awkward position.

 

Yes, perhaps you are well aware of this and have taken appropriate action, but if not and if it's not already too late, refer to:

http://www.consumeractiongroup.co.uk/forum/halifax-bank/37423-you-can-stop-default.html?highlight=if+your+account+is+in+dispute

Regards,

Bean

Lloyds TSB - 27/11/06 - £6377 paidrest with FOS

 

SETTLED

Cap One - 6/10/06 - £875

Lloyds TSB (MC) - 20/10/06 (BY DEF) £372

Hitachi Cap - Nov. 06 - £207

Citi Cards - 28/12//06 - £220

Monument - 23/1/07 - £889

Barclaycard (Mrs. Bean) - 19/2/07 £376

Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.

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