Claim form Received today

[darcus]

Hi guys,

Thanks for your help. In what way would I respond to the solicitors now...because obvious from your comments they haven't actually complied with my original request in 2009...

[Docman]

Hi darcus

 

First, I suggest you complete and return the allocation questionaire to your local court. Second, I would write to the solicitors to point out that they have not sent you any documents since you filed your defence and that therefore they have misled the court in their recent application, a fact you will point out to the court in your witness statement in due course.

 

BTW, having looked at the 'agreement' they sent you, did you notice that the parties to the signed application form [for that is what it is] were yourself and HALIFAX plc but the terms & conditions were from Bank of Scotland plc. And it is not the case that one company became the other or that both became HBOS plc. Both the English company and the Scottish company were kept separate and both became subsiduaries of the newly created HBOS plc. Halifax dealt with retail banking and mortgages south of the border whilst Bank of Scotland remained the retail operation in the north.

[nicklea]

What docman says above about HBOS is correct.

 

And lucky for you pt2537 has mentioned a new Court of Appeal ruling, that all lower courts must take notice of, which will help you:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?291945-Phoenix-Recoveries-vs-D-Kotecha-Court-of-Appeal%281-Viewing%29-nbsp

[darcus]

I was just wondering, do you think it is wise me speaking with the solicitors and trying to negotiate a payment amount for the monies outstanding that they will stop doing all this nonsense? I don't have the stones to go to court.

[Docman]

It's always better to try and settle claims without a full court hearing if only because going into court is not an easy experience. That said, I wouldn't deal directly with the HBOS solicitors at this stage. You are only likely to get a glorified debt collector on the other end of the phone anyway.

 

Instead I would opt for the court's mediation service. Worst case scenario is that if the claim went the whole way, you would have independent evidence that you had tried to resolve matters.