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    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • Thanks   Noting the day to apply for default judgement if necessary
    • nope, as the display model was not the colour the customer wanted. but your question is totally immaterial anyway as custom built doesn't come into it. dx
    • as long as aos is done by day 19 from the date on the claimform they get a total of 33 days to file a defence. (whereby the date top right on the claimform is ONE in the 33 day count) dx  
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Becausewecan Vs Halifax


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  • 3 weeks later...

Which they may well do with a 20% offer

 

 

:rolleyes:

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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  • 2 weeks later...
  • 2 weeks later...

Hi All,

 

I need some help with the next stage, I sent my LBA on 1 september and received a letter back from the halifax on 8th september offering a 20% settlement. I will be refusing this, but what i need to know is where do i go next, do i send another LBA or proceed straight to court claim?

 

Also, how should I word my refulsal letter?

 

Best regards

Becausewecan

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Hi All,

 

I need some help with the next stage, I sent my LBA on 1 september and received a letter back from the halifax on 8th september offering a 20% settlement. I will be refusing this, but what i need to know is where do i go next, do i send another LBA or proceed straight to court claim?

 

Also, how should I word my refulsal letter?

No need to send another LBA

Something on the lines of Thankyou for your kind offer of £xxx which I accept as partial settlement but will persue the remainder in Court if I have to, I shall be filing my claim on the 15th

they wont pay the 20% anyway well they didnt with us

Best regards

Becausewecan

 

Mechs

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Ready to file moneyclaim now, i've stolen another forum members format, can somebody confirm that this is ok.

 

Claimant has 2 accounts XXX

and XXX with Defendant from

2000 to 2006 conducted on their standard

terms and conditions. Claimant is claiming

the return of £1267.00 + £98.00 (total

£1365.00) taken by Defendant in charges

over 6 years. The Defendant's charges are a

disproportionate penalty and therefore

unenforceable as they are contrary to

common law. They are also invalid under the

Unfair Contracts Terms Act 1977 s.4 and

under the Unfair Terms in Consumer

Contracts Regulations 1999.Para.8 and

sch.2.1.e.

In the event that the charges are not a

penalty they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15. Defendant has declined

justification of charges despite repeated

requests. Claimant claims interest under

Sec.69 of the County Courts Act 1984 at a

rate of 8% a year from (31.05.02) to

(15.9.06) of £290.15 + £19.99 (total

£310.14).

 

As i am not really able to make it to court more than is absolutely neccessary due to work commitments, I realise i will need to send correspondance between myself and halifax (3 copies) into the court with my claim reference number. Am I correct in thinking i only need to send copies of everything from the LBA stage and later?

 

Thanks for the help

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Is it an N1 you are filing in your local court ?

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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They will ask you for further info later.

For the moment you only need to send in the charges schedule.

I will post you a list of other things that you should send in later.

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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Almost forgot.......Have you done another spreadsheet/charges schedule that includes the 8% interest ?

one of these will also need to be sent to the bank/defendant solicitor.

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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Ahhh if filing online then its different.

 

Ok the claims details you have done are ok.......remember to format this so it fits within the allowed 24 lines.

Send a charges schedule to the court (address is on the claimform ) and another to the bank.

 

When your claim gets transferred to your local court you will later be asked for further info.

At this stage you can send the rest of the stuff.

 

Does this answer your questions ?

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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Yes of course you can.

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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fantastic thanks. Just had an intersting conversation with phone banking. recently a charge has been applied to my unused account, it was listed as : charge as notified, however, when i looked at my online letters and statements there was no notification there. The guy i spoke to informed me that they do not have to notify me of charges, this is merely courtesy! I challenged him by asking for that in writing and his tune changed very quickly!

 

Now im on hold to customer complaints dept!

 

arse......elbow!

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Its them who say they WILL notify you that charges are to be taken.

 

 

You couldnt make it up !!:rolleyes:

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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