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    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
    • hey look back in your other threads been helping you for years...   you have a claimform from northants bulk court yes? you need help with that which why you came here. if you pop up the details we need  we can help you buff this away. nothing pers wanted if you read the link.      
    • Should I just remove it or mention the database screenshot?
    • what is that ?   NO chance am I filling out any of these forms are you cabot or what    well this site is absolutely rubbish these days then.   I have been sent a fake county court claim by CABOT so they can try to catch me out on an older debt what use is it for me to fill in forms like that  I cannot understand them in any case     
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rippedoff15

Halifax Charges Reclaim - *** WON ***

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If you search this site you will find several postings with a reference to the enforcement group you are using I suggest you read them and form your own opinions as their reputation!!!

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HCE shpould keep you informed of any progress. If the Defendant files for Set Aside this will not stop any enforcement unless they also apply for a Stay of Execution. A lot will depend on whether you have filed at an office address or a branch that just maybe has some cash in it.

 

I assume both you and the Defendant are not on speaking terms other than through legal channels. Do you also know if a Writ of Fi Fa has been applied for or obtained on your behalf by HCE, maybe they are dragging their heels.

 

PT


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Well we have had confirmation the bailiff called to the offices of the Halifax to enforce the CCJ, and they were nformed that the Halifax Plc no know longer exists ????????? but are they correct.

 

can anyone help what action can be done now if they claim the Halifax Plc is no longer exists

 

cheers

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Well we have had confirmation the bailiff called to the offices of the Halifax to enforce the CCJ, and they were nformed that the Halifax Plc no know longer exists ????????? but are they correct.

 

can anyone help what action can be done now if they claim the Halifax Plc is no longer exists

 

cheers

 

Halifax Plc ceased to exist in 2007 - Halifax Ltd however still exists

HALIFAX LIMITED

TRINITY ROAD

HALIFAX

WEST YORKSHIRE

HX1 2RG

Company No. 02367076

 

and Halifax is a trading name of Bank of Scotland (part of Lloyds now)


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what happens now if we have a court order naming Halifax Plc do we have to start all over again, can they refuse to pay they did reply to all court papers etc etc, or should we keep pushing for payment.

 

please help

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TBH I dunno sorry :(

 

You could try clicking the little red triangle and one of the site team will be along to advise.

 

Otherwise a trip to your local 1/2hr free solicitor may help or maybe the CAB

 

It may depend on whether the PLC became the Ltd or whether they were always 2 separate entities


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Hi, we have checked the paperwork which the Halifax used and some dated june and september 2009 states PLC, and some states Halifax only, therefore if they are no longer PLC can they use PLC paperwork or nothing it seems a bit of a grey area.

 

cheers but still pressing ahead

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Great News we have just had the payment in full from the Halifax £7500.00, we are so lucky since the test case but our claim was complete at chester court and the judge granted the order on 25th Nov 09 , since then we have issued a action using the high court officer who called at the head office and they paid in full inc costs as well.

 

thanks for all your help

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Excellent News,

Well Done And Enjoy The Spend:d

Gary


 

 

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Brilliant news congrats Rip:)


 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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Fabulous and happy to update the title....


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Well done, so pleased for you :D


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<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Great news. Congratulations.:D


 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi All,

 

We have had a judgement confrmed by the court we then asked the high court bailiff to collect the funds, they called to the Halifax at which pont the bank paid the bailiff if full ncluding costs, we were informed that we have to wait 14 days and then the funds will be paid into our account.

 

The Halfax did not reply to the court requests and refused to submitt paperwork thus we won by befault this was before the test case was completed.

 

The bank have now ask for the funds which they paid to the bailff to be returned and have asked for the case to be stayed claming they did not have the chance to fle the defence ?????

 

However are we correct in stating the only person is the judge who could demend the funds to be returned, we are now very upset as we feel that the bank are now trying to get their hands on the funds after they have been paid out, they have asked the court to stop the bailiff paying the funds to use and gettng the case stayed, the case was confrmed before the test case, also can the banks demend the funds to be returned. What happens if the bailff pays can we be taken to court ????

 

Pleeeease help

 

:x:x:x

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Hi All,

 

we took the halifax bank to court regarding bank charges and won,

however the bank are now taking my wife and myself to court on 12th April 2010 with a view to gettng ther money bank ?????

 

On 23rd November 2009 at Chester County Court we won by default

as the bank did not file their Allocation form by th date set by the court which was 16th November 2009.

 

 

As the clam was over £5k we had to apply to the high court

the high court enforcement officer could collect the funds,

they called to the bank on 16th Jan 2010 and the bank paid in full in costs.

We had to wait 14 days before the funds were sent to my wife and my self and we had the funds on 1st Feb 2010.

 

The bank wrote to the court stating they can file a defence now and have asked the court to have the case stayed

and have the funds returned as they were in fact sent in error.

We have wrote to the court butn herd nothing asking for the judge to throw out ther request.

 

How can a large bank loose a case pay in full and now ask for the funds back by taking court acton against us,

we have spent the funds so unable to return them but why should we as we did anything by the book.

 

I called the bank solicitors SCM and they confirmed that they want the funds back, is it correct what they are doing

 

pleeeeease help :mad:

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They will have to apply to have the judgment set-aside.

 

They can't have asked for the case to be stayed. It is too late for that.

 

Have you got all of the paperwork? Can you let us know exactly what you have received from the court. You should also call the court and find out if there is any other paperwork which you have not received (there often is). Also, ask how is the court proposing to deal with the matter - in a hearing or simply on the papers.

 

How much is at stake? What are the dates of your charges - from when to when?


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Hi i have listed below the paper trail of the case, the sum which was claimed was £7,442.00

 

 

1, The claim was filed on 16th Sept at Chester County Court

 

2, Defendant filed acknowledgement of service on 2rd Oct 09, which stated they have 28 days to file their defence and the date of 10th Oct 09 was set.

 

3, We also were asked to file our allocation questionaire by the same date ie 19th Oct 09 4pm, which we did and had to pay the fee when filing.

 

4, On 4th November 09 the court sent to the defendant a general form of judgement order ordering that they file ther allocation questionaire by 16th November 09 by 4pm, and quoted the following ( unless the defendant files their allocation questionaire by the date set the the defence be struck out ) they did not file any papers at all.

 

5, On the 18th November 09 we confirmed with the court that the defendant had NOT file any paperwork which was requested therefore we applied to have the order granted.

 

6, On 23rd November 09 at the court the judge granted the order, they confirm again the order was granted.

 

As the order was atb the local county court and the value was over £5k we had to apply via the High Court Enforcement first which we did on 16th December 09, once the papers were completed the high court officer collected the funds inc costs on 16th Jan 2010. We had to wait 14 days before the funds were released and they were released on 1st Feb 2010.

 

7, We had a letter from the defendants solicitors stating they now have a defence and intend to file to the court asking for the claim to be stayed ??

 

8, The defedant wrote to the court and file some paperwork.

 

9, On the 5th Feb 2010, we had sent to my wife and myself a form, general form of judgement dated 5th Feb 2010, it states the following:

 

Execution of the judgement be stayed pending the outcome of the defendants application to set aside judgement

 

10, The court wrote to me stating a hearing date of 12th Aprl 2010 has now beens set !!!!!!!!!

 

But how can this happen as far as we can see the defendant was given plenty of time by the court to file the defence, we file anything which was asked and copy to the defendant. Now the defendants solicitors have called me asking for the funds statng ther were sent in ERROR.

 

We have wrote to the court outlining the timescales and the paperwork which clearly shows the defendant lack of effect, but now we are very upset the way the defedant is acting, can the court order the return of funds ? which we do not have. Then defendants solicitor did state they will start action to recover including solicitors fees so pay up they said.

 

Can anyone help pleeeeeease

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You may not be able to prevent the set-aside. In fact I think that it is very unlikely. However, you will be able to ask the court to order that all costs incurred so far are the defendants. It is very clear that they have wasted everyone's time and that they have brought this about themselves.

 

You keep talking about failure to supply an AQ but you haven't at all referred to their defence. Did they file a defence?

 

As far as the money, where is it? You may have to return it but you won't have to do it on request and also, they have brought it upon themselves, you won't need to be overly concerned about costs as long as you behave reasonably.

 

I think that you have done very well here.


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thanks for a speedy reply:

 

The defendant did not file any defence only a letter quoting the test case, and no defence.

 

The money has been sent on rent and bills

 

 

cheers

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Its a very sad day, we went to chester coutry court today, after a hearing of 15 mins to be told we have to repay the funds to the bank, as the judge argeed that if the bank had filed their paperwork on time the case would have been stayed. But as the case was won by default and the bank paid funds in error, the case should be heard.

 

Therefore we have been told by the judge if we want the case to go to trial it would cost a hugh amount of money, there he stated we should talk the the defendant ie the Halifax with a view to repaying the £8k

 

Not sure how they intend but we can not replay this amount at the present time, and why should we the judge even confirmed that we had completed all the court papers correctly, but as the bank claim they did get the unless order which clearly stated dates and timescales when they needed to file and for this reason the judge has amended the claim

 

WHAT A JOKE THE JUDGE EVEN TOLD ME THAT UNLESS WE REPAY THE BANK COSTS TENS OF THOUSANDS, THEREFORE REPAY NOW AND THE SOLICITOR JUST SMILED

 

The bank have offered a loan, but theirs no way as we have just lost our home and just getting over my bankrupty

 

pleeeeease help

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I am so shocked by this, and so very sorry for you.

 

In your third paragraph, did you mean to say "the bank claim they did NOT get the unless order...?" I had a solicitor claiming that in a case I am dealing with at the moment, and the court officers said that could not be true - solicitors and legal representatives get their court information by DX. Is there a DX number on any letters you have received from their legal department?

 

If you have lost your home, and have no money they cannot take money you haven't got.

 

I don't have enough knowledge to advise you, but I'm sure someone will help you soon.

 

Keep bumping the thread and I will as well.

 

Again, I'm so very sorry.

 

DDxx

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On 4th Nov 2009 the court sent to the bank an order stating unless they submit their allocation order there defence will be stuck out, and as they did file an allocation order as ordered by the court the claim was granted on 23rd Nov 2009. But today the judge stated as the bank did not get the " unless order " and if they dd they would have filed therefore he is letting the bank file thus stopping claim and they will start legal claim against myself and my wife.

 

It wrong but hey what can they do now we have no house or assets only house hold belonging van for work with 215,000 miles, but iam sure this is it going away

 

cheers for the support

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keep that attitude, rippoff, it will help yu, was claim in your name, or joint??, if it was in your name and you have been bankrupted, then let them do it again - it wont cast yu anything and you've already got the t shirt- i wish you well - but have no easy answer - pb

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I think you lost in the judge lottery. He was clearly on the bank's side, and I think the bank came back at you on the basis of Carey test case.

 

Were you aware that the bank were going to appeal before you spent the money? That is going to be the awkward question. If you were being chased by creditors and as soon as the money came in you paid them immediately, rent and bills, etc., then that is totally understandable because they were priority bills, and they can't claim back what you haven't got.

 

What was the date of the solicitor's letter saying they now had a defence?

 

DD

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