Claim form Received today

[darcus]

Hello peeps

 

Not a word from Halifax or their debt collectors... They had said that they would deal with the 'complaint' no later than 29/04/2009 which has now passed, and nothing at the courts, so does this mean I can apply for a stay on the account?

 

thanks

d

[Docman]

I suggest you contact the court and ask if HBOS responded to your defence. If not, ask if the claim has been stayed. Don't bother with the Haifax complaints team.

[darcus]

Hi

I managed to get through to the court today and they have not received the defence and have confirmed that the case has been stayed.

 

I'm going to read up next on what to do next with stayed cases. I think it's good, but not sure...

 

Thanks for everyone's help so far, I'm sure the fight has only just begun...

 

d

[angel_1]

hiya any updates on this ??

 

as ive had my first northampton claim today and thus im following your thread and its helped heaps thanks to all

 

laters angel x

[GeoffreyAlby]

Any updates to this thread?

[darcus]

HI

 

sorry for no updates, I had a stint in hospital for some time and am back well now.

 

I haven't heard anything from them at all. They take the £1 a month and I am happy to proceed with that for now. I want to pay more, but will need a better job to do that...

 

thanks

d

[darcus]

Hi Guys,

 

Received a letter from Halifax stating how much money they think I owe and a demand to get in touch.

 

Can anyone recommend what to do now? Do I go through the whole CCA thing again?

 

Thanks

d

[darcus]

UPDATE!

The solicitors acting on behalf of Halifax have applied for the Stay which was granted to be lifted and have now applied for a summary judgment.

Do I follow the same procedure as before?

[DonkeyB]

On what basis have they applied? Have they sent you a WS?

[darcus]

Sorry, whats a WS?

[DonkeyB]

Witness statement. They would have to provide reasons why they think a summary judgment is appropriate. Are they relying on their previous statements? What have you been sent?

[darcus]

Hi, they sent me something, I will write down the bits they sent me and if you don't mind helping, I would appreciate it. Does Summary Judgment mean that they're trying to take me down the bankruptcy route?

[DonkeyB]

No, they’re just trying to claim that your defence has no chance of success and the judge should award the case to them without a proper hearing.

[Docman]

Hang on. I've got to ring my storage copany to get the defence I drafted out of the long term vault. Its that old.

 

What excuse did HBOS give to the court?

[Docman]

Hi Darcus

 

I've now re-read the draft defence. I don't see any problem knocking out the bank's SJ application. They are just trying it on. When you have it, can you post up a copy of their application. You will have to submit a witness statement challenging their application which is why you need to post up what they are telling the court.

 

Doc

[darcus]

Hi Docman,

 

The solicitors sent me the following:

 

1. A Notice of Transfer of Proceedings

2. A General Directions Order:

"The judge orders that

 

The application to lift the stay and transfer is granted

 

This order has been made without a hearing under the Courts case management powers contained in the Civil Procedures rules Part 3

You may within 7 days of the service of this order, apply to set aside or vary the order under Part 23 Rule 10

You must fule with the Court, and serve on the other parties an application that sets out you reasons for the objection. A fee is payable upon the filing of the application.

 

3. A Notice that a Defence Has Been Filed

 

Stating an allocation questionnaire is enclosed which contains notes for guidance on how to complete it.

 

4. An Application Notice

...they've spelt my first name wrongly.

...under section 3:

"1. lifts the stay on the proceedings

2. Extends the life of the Claim

3. transfers the Claim to the Defendant's home court

 

as the Claimant wishes to proceed with their Claim"

...under section 10, the evidence they give to support their application:

"The Claimant allowed the matter to stay whilst the Claimant responded to the Defendant's request for a copy of the agreement submitted under the provisions of section 78 of the Consumer Credit Act 1974. The Claimant has now complied with this request however the Defendant has made no further contact. The Claimant now wishes to proceed with the Claim therefore we respectfully request that the stay is lifted and the matter transferred to the Defendant's local court. We apologise for the delay in making this application"

 

Then this morning I received a copy of the Claimant's Allocation Questionnaire which has been filed at Court.

1. Under section D - Case Management Information:

Amount of claim in dispute : £##,###.##

Witness name: Representative of the Claimant

Witness to which facts: All the facts in dispute

under TRACK - they have selected FAST TRACK

2. Under section E:

They have stated it will take 3 hours for the trial or final hearing.

3. Under section G: Costs

They have put in some figures

4. Under section I: Further Information

They have stated YES under "Do you intend to make any applications in the immediate future?"

and stated "Application for Summary Judgment under Part 24 CPR"

In the space:"If settlement is not reached during the stay period the Claimant intends to apply for Summary Judgment"

 

That's all there is!

Shall I call them and ask for a settlement amount? I can't afford much as my income is still very low and for the first time in my life I am in receipt of working tax credit.

 

Thank you in advance for all your help.

D

[Docman]

Have they actually sent you a copy of the signed credit agreement that contains all the terms prescribed by the Act?

[DonkeyB]

My thoughts exactly BA. If they haven’t, or have recreated one, they’re in poo...

[darcus]

Hi, what they sent me is in post #10 of this thread...back in 2009

[DonkeyB]

That was pre-Carey and doesn’t even conform for a S78 request!

[darcus]

They haven't sent anything after that! What does it mean?

[DonkeyB]

So the CCA was NOT sent during the stay period? They have lied on their application then, if that’s what they are relying on.

[darcus]

No, as far as I am aware, I didn't receive anything beyond that agreement and a bunch of statements, but this was before the stay. They pretty much left me alone after the stay was granted.

[DonkeyB]

Was a stay ‘granted’ or did they simply not respond to a defence and it kicked in automatically?

[darcus]

Hi,

They didn't respond to the defense and the stay kicked in. I sent the defense which was posted earlier in the thread...