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Chica vs Halifax (£ + default)


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I will get back to very soon..

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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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  • 4 weeks later...

I have decided that I am claiming my Abbey Money back first and then with the proceeds I can get my money back form Halifax. Jonni2bad....any word back from Bankfodder with regards to the legality of the letter you were helping me compose?

Thanks

Chica

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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Not yet... If you want, I can send you what I have. There will be no problem with 'legality' - it's more a case of "have we covered all bases?" with the text.

 

Worse case scenario is that you could send a further explanation if we later find that we did miss something...

 

Send a PM if you'd like the text.

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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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  • 4 months later...

After having beaten the Abbey I'm now ready to continue with everyone else!!! Can I start where I left off or am I best resending the preliminary letter?

Thanks

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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I think I'm right in saying that you have issued the LBA....?

 

If so, just start the court action. You need to do this via an N1 in person since the claim is for money and default removal.

 

Please remember that any offers for cash settlement only (without default removal) need to be refused.

 

Will PM you with Default PoC.

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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 refer you to the post above...

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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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Thanks Jonni2bad. Will trundle along to the court on Friday when I'm off work!!

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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  • 2 months later...

Well I finally put in my court claim on the 13th March. The court deems it as served by the 16th and Halifax have until hte 30th (yesterday) to defend or acknowledge. Will keep everyone posted.

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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Well Friday the 30th has been and gone and no defence or acknowledgement from the Halifax was recieved at the courts!!! Am I right in assuming I've now won by default?

I filled in the section on the court file paper and sent it off to the courts advising that I want the Halifax to pay immediatley in one lump sum!! Am I also right in assuming that if they don't do that then I can send in the balliffs??? That would be soooooo great!!!

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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I'm a bit bummed that it could now take a further month to get my money!! Never mind at least it'll come!!

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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Remember that your claim is not simply for money, but includes a default removal.

 

You will need the Court to order this. My fear is that, having not even Acknowledged the claim, they are very likely to apply for a set-aside once they realise you have requested Judgment in the case.

 

They are likely to be allowed this.

 

It is also very likely, at that point, that they will pay up in full to settle the money part of the claim. I would refer you to the posts above where this is discussed.

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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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Recieved a letter offered full and final settlement of the total amount today stating money will be paid into the account within 5 working days. Letter dated 6th April so I make that the money in my account on the 16th at the latest. I did forget about the default Jonni and I didn't add it on to the particulars of claim. Is it now too late to apply for the default to be removed also?

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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