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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
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Gib v Halifax


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I have spent quite a while reading through all the threads and FAQ's on this site and am suprised how many people are in the same boat with this. I just wonder what will be the final outcome once the whole world starts claiming back the unfair charges...

 

Anyway, I sent off my request for bank statements before i read that you can phone up and pay £5 but nevermind, I have statements going back 14 months and the charges on my account total £724. Pretty handy considering in Scotland you can only claim £750 at a time. I think that was a pretty good 14 month period in comparison so I can't wait to find out what the full total is. My RBOS account will be even worse but I have closed that and have only one statement. Statements requested for that too.

 

I sent out a preliminary letter requesting the £724 and everything else they have charged me. The deadine is in two days and I have the LBA ready to go. Just to antagonise them I sent an email covering what I said in the preliminary letter and added a few legal matters in a hope to speed things up. I sent it to every email address i could find for customer relations but I doubt I will receive a reply...

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14 days from preliminary letter and I have had no response at all. I have just posted my LBA and will hand a copy of it into my local branch at lunch time so there is no excuse of them not replying to this one.

 

Is there anyone from Scotland who has put a claim in for

 

any advice would be greatly appreciated.

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Hi,

 

Once bank has settled first claim there is no harm in asking for remainder of charges, however I don't think they'll pay until new action is started.

 

Do you have much more than 750 to claim.

 

I live in Scotland but I am using the English court to get my charges back from Halifax as they owe me more than £750.

HBOS Plc - £9,954.65 Received partial settlement - Court 6/12/06 default removal / compensation / declaration

MBNA - Settled in full £2,377.33

Abbey National - MoneyClaim filed 26/06/2006 £883.90

Lloyds TSB - Claim Filed 11/08/2006 £2,630.00

Egg.com - Claim Filed 11/08/2006 £1,393.60

GE Money - Claim Filed 11/08/2006 £965.22

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Are you able to do that? i thought because my branch is in Edinburgh that i have to claim in Scotland. it certainly appears that way by the other threads i have read. Have you stated the claim then?

 

The £724 only covers the last 14 months, i think that was a good period so i would imagine it would be in the region of £1k a year going back from that.

 

I am still waiting on my statements as i only have a few before the 14 months i have asked for initially.

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Hello,

 

You should send all letters to their head office in Halifax.

 

That means you can use the English courts.

 

For MoneyClaim you need an English address (you can use a friend or relative).

 

If you do not have access to an English address there are solicitors you can use in England. I know one which charges just £2 for Letter Before Action. They will also submit claim online for you for just the cost of the court fee.

 

Once they say they will defend (as they will claim that they intend to defend) the solicitor will then pass the file to you to represent yourself.

 

It's quite easy.

HBOS Plc - £9,954.65 Received partial settlement - Court 6/12/06 default removal / compensation / declaration

MBNA - Settled in full £2,377.33

Abbey National - MoneyClaim filed 26/06/2006 £883.90

Lloyds TSB - Claim Filed 11/08/2006 £2,630.00

Egg.com - Claim Filed 11/08/2006 £1,393.60

GE Money - Claim Filed 11/08/2006 £965.22

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Thanks, i have already sent my LBA from my Edinburgh address. Is it too late now? i have an English address i can use for the money claim but does the address have to be the same as the LBA?

 

Since i only have the 14 months of statements at present i might claim this one in the scottish courts and once i receive the rest of them do it though moneyclaim (presuming it is >£750...)

 

any thoughts? thanks for your help with this...

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Just be wary here. Your account will be operated under Scottish Law and not English law... trying to circumnavigate the legal system might not do you any favours...

 

Of course that's just my opinion :)

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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  • 2 weeks later...

I got several replies to my LBA, some with an offer, some without. The last one was the best though. It stated it had enclosed a previous response and also their standard leaflet but there was nothing in the envelope. Idiots...

 

I went to Edinburgh Sheriff Court today to hand in my small claim which with the interest totalled £766.86. It was a nerve racking experience but the guy behind the desk knew exactly what to do.

 

From reading the other threads it appears that the usual wait for repayment ends up being about 20 days after the claim was submitted so I am aiming for the 10th August. rock on!

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  • 2 weeks later...

I phoned the sheriff court today because i had'nt received anything back and I submitted my form on the 21st of July. They said they will send out another copy to me first class but one of the clerks emailed me and said Halifax have to the 12th of September to respond to the action and the hearing date is the 19th of September. The timescale seems huge in comparison to other cases. Is this just a Scottish thing?

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