Halifax ordinary cause for old Bank One Credit Card Debt **decree of dismissal was granted + Costs**

[IdaInFife]

ok thanks for updating that and could you let us know incase it can help someone else

 

ida x

[Coactum]

There are two principle route to awarding expenses. Look up Statutory Instrument 2009 No. 321 SHERIFF COURT Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No. 2) 2009

 

The first is relatively simple and is listed as a Block Fee. This is currently £728.60. The Second costs every bit of correspondence exchanged between the parties and to give an example your defence statement is charged at £17.95 per 250 words, other communications awards the same per 125 words so it gets a little complex and I guess the other side have spotted flaws in my calculations and that is why they are behaving as they are. Waiting in court awards £35.55 per quarter hour and whilst you are on your feet in the court you get £39.20 per quarter hour.

 

As Party Litigant without legal representation you can claim 2/3rds of the above Solicitors fee.

 

Added to this you have your outlays. The cost of lodging a defence, opposing motions and so on. Then finally there are things like photocopying and postage.

 

In my case I have detailed each item of expense because when I used the block method the sum arrived at was just over £800 which the Pursuers’ Solicitor believed to be excessive and tendered an offer of only £300. My detailed list has several lines where I have no cost as yet because I cannot find the current list of charges but notwithstanding this it currently amounts to £738.45 and so I have little doubt that when I add all the missing items that it will be any less than the previously rejected amount.

 

This means that the account must be taxed by the Auditor of Court at a separate diet of taxation. At that diet it would be for the recipient of the fees to specify what they are seeking and to justify this using reference to the relevant tables of fees which i believe to be as per SI321.

 

I hope that this is what you meant Ida.

[IdaInFife]

yes thanks

 

Ida x

[Coactum]

Having prepared my expense claim I asked a solicitor I know to go through it and he managed to find many more items to add to the list which made the bill exceed £1,300, however, he emphasised that the court can award UP TO 2/3rd solicitors expenses but it is not automatically granted. I got him to present this to the Halifax solicitors in advance of the Taxation hearing and this resulted in a negotiated settlement of £850 and so the taxation was unnecessary. That said their six weeks is up tomorrow and they have not yet paid!

[exchange]

Hi Coactum, sounds like you have got somewhere with this. Have you 'won' something here?

Exchange

[Coactum]

Hi Exchange, yes and no. To save you looking back earlier in the thread I’ll summarise.

 

Halifax elected to abandon their case after receiving my defence. I opposed this, because their ground to abandon were founded on a flawed default notice, and so my objection was that as you cannot correct an erroneous default notice by issuing a fresh one that I should be granted absolvitor. They responded with a second notice to abandon this time offering to meet my expenses. I opposed this on the grounds that if absolvitor could be granted on the first that it should likewise still apply.

 

In court they argued that it was their right to abandon the action and to be frank I had taken advise which confirmed this to be so. If they should ever raise the action again my defence still stands. The case was continued for 6 weeks to resolve this matter.

 

They opposed my proposed fees stating that the matter should go to taxation. This actually costs them more but I was guessing that the object was to ensure that I got less. Whilst in the court I bumped into a solicitor I know and so I got him to prepare the expense claim and as you read he managed to work it up quite a bit.

 

There were three possible outcomes although this is now two:

1. I fail to make a valid claim and the case is dismissed without my getting expenses (this cannot happen because they negotiated a settlement)

2. They pay my agreed expenses and I am granted Decree of Dismissal

3. They fail to pay the expenses and I am awarded Decree of Absolvitor

 

I want #3 because it means that they have no course to pursue further. I’m certain that following #2 (the most likely) that they will pass this back over to some DCA and the whole process will start again.

[exchange]

Thanks coactum for summarising. So a temporary respite at least!

A bit annoying that it is likely to drag on though.

[Coactum]

I'm hoping that they will feel sufficiently burned to keep a safe distance from now on and as I say if they have not settled then there is a case for me to get absolvitor which means the court has decided that I have won the case, the matter is at an end and the pursuer can't raise another action about the same thing.

 

However, if the case is dismissed there are no winners or losers. If the case is dismissed, that's supposed to be an end of the matter and it can't be brought back to court, but a fresh case can be raised on new grounds.

 

Knowing their grounds for abandonment were based upon the absence of a default notice and if the case is dismissed on this ground that it would not stop them issuing a second DN and recommencing proceedings. Such action would of course be flawed but that would be a matter for debate and a further round in court. In the meantime, if I do not have absolvitor, they can claim the amount remains outstanding and record it as such in my credit file. They can pass the alleged outstanding account to DCA’s etc and make a general nuisance of themselves, which as you know Exchange does not bother me too much but it does become a trifle tedious.

[Coactum]

In the end I instructed my Solicitor to make the final appearance in court and decree of dismissal was granted. He is in receipt of their cheque to cover my expenses and his fee will almost half what I get but I have recovered my outlays and pocked a few hundred quid for my trouble. I’m expecting payment in a few days after their payment has cleared.

 

However, no sooner has this matter been put to bed than Halifax send a statement with a ”YOU FAILED TO MAKE A MINIMUM PAYMENT” notice. So, it would appear that they are indeed intent upon recommencing this entire fiasco all over again!

[Coactum]

Looks as if Halifax have not exactly thrown in the towel, they keep sending me a statement with YOU HAVE FAILED TO MAKE A PAYMENT on them. I have written to the manager concerned over a month ago but got no reply just another statement. Here is what i said:

 

I refer to a statement received today and bearing your endorsement in relation to account xxxx xxxx xxxx xxxx which you should be aware that HBOS recently raised court action for recovery. Upon receipt of my defences your solicitors elected to withdraw their action and this culminated in Decree of Dismissal with the bank paying me expenses of £850.

 

During the case it was confirmed that HBOS had failed to fulfil their obligations in regard to the Consumer Credit Act 1974 and in particular raised action on the back of an erroneous Default Notice. You should be aware that the penalty by so doing is that the creditor is unable to recover the sum demanded although they can still recover any arrears that were stated on the Default Notice. In this instance nothing was declared and as such HBOS are now unable to demand repayment of any sums that may have been due prior to the commencement of that action.

 

I regard this matter as closed and trust that upon reviewing your files you shall confirm the HBOS have closed this account recording a nil outstanding balance and removed any adverse credit that you have shared with others.

 

I'm about to write again expressing my dissapointment and having to raise this matter again but would appreciate any suggestions first.

[Coactum]

I’ve recently started to get morning calls from Halifax again. Or to be more specific when I look up the number 08451 460 185 I understand this belongs to IQor Recovery Services who must be acting under Halifax instructions.

 

So far I’ve done my usual and declined to go through the initial security check and suggested that if they have anything to say they should write. Needless to say they have declined to do so.

 

It is getting rather irritating because they call about 8-8:30am every day except Sunday. I’m believe that there is a body you can complain to about nuisance calls and in this case I can demonstrate that I deny the debt and lodged a defence to this in court that caused Halifax to withdraw their case and as nothing new has been added I fail to see what can possibly be gained via these calls. Can anyone jog my memory as to who this body is that I register such a complaint?

[exchange]

Hi Coactum. I can only think of Ofcom but perhaps someone knows better?

Exchange

[Coactum]

Perhaps, but i thought that OfCom are an independent regulatory authority for the UK communications industries. They overview the communications industry and explore anti-competitive behaviour etc. I'm not sure that the my complaint is within their jurisdiction. I thought that there most be another body who deal with misuse of telephone systems.

 

The same number 08451 460 185 called about 8:30 again this morning. I answered almmost immediately because I was passing the phone at that exact moment. I guess this confused their system because they terminated the call.

[Coactum]

I did find this article about silent calls

 

Ofcom | Revised statement of policy on the persistent misuse of an electronic communications network or service

 

So perhaps a solution is always to answer quickly and notch up the silent call ratio.