Jump to content


IND - claim form for halifax card debt***Claim Dismissed & Costs awarded***


petebeds
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2038 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Pete,

can you either scan in the claim, suitable edited, or let me know.. the date of issue - top right hand corner and exactly what they say on the form - the reason they are issuing the claim :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • Replies 63
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi king, pretty much what Pete has said.. are you researching just to understand, or because you are thinking of "signing / not signing" something :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Pete,

can you either scan in the claim, suitable edited, or let me know.. the date of issue - top right hand corner and exactly what they say on the form - the reason they are issuing the claim :)

 

Will do when I get home again.

Link to post
Share on other sites

Many thanks :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • 1 month later...

I filed a Defence and Counterclaim at the beginning of November. I have now received an N149b Notice of Proposed Allocation to the Fast Track and an N181 Directions Questionnaire. I have to file and serve by 9th December and file proposed directions having attempted to agree them with IND.

 

The Directions Questionnaire is fairly straightforward - but I don't have a clue about what should be in the proposed directions.

 

Any advice?

 

Thanks

Link to post
Share on other sites

Directions can be anything you wish further to happen before trial Peter....disclosure/applications/etc.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 weeks later...

An update -

 

I have filed and served the Directions Questionnaire and Proposed Directions

 

IND have responded with their own Directions Questionnaire and Proposed Directions, where they are asking for the claim to be dealt with in the Small Claims Track (despite its value) in order "to keep costs proportionate to the claim".

 

They have also produced a copy of a Deed of Assignment, however no proof that Notice of Assignment was ever sent to me.

 

They have also produced two documents purporting to be Agreements, one between Halifax plc and myself giving the address where I lived at the time, and another between Bank of Scotland plc and, apparently, myself and giving my current address. Neither of these documents is signed or dated.

 

They have also sent notice that Hegartys are no longer acting for them.

Link to post
Share on other sites

Can we see theirs Peter?

 

 

Regards

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 months later...

Apologies for the extended silence - caused by hardware problems and a house move.

 

the DJ looked at both sets of draft directions (theirs wanted allocation to Small Claims Track)

and ordered a telephone allocation hearing for today at 10.00,

Claimants being ordered to arrange.

 

Guess what?

No details of the telephone conference sent through as of Saturday post

so am now waiting for the Court Office to open just before 10 so I can get it sorted in person.

 

They have sent a WS demanding Summary Judgement

but there is first of all the defective DN,

then the date of the DN being wrong on the Deed of Assignment they sent me,

plus 'copies of "Notices of Assignment"' that have so far not surfaced but miraculously appeared

- all dated the same day as their first LBA....

. first I've ever seen of them..

.. Lets see what the DJ has to say....

Plus when I bring up Brandon....

 

Will post up later.

Link to post
Share on other sites

Just back from the Court.

 

Waited until 10.15 and was shown in to the DJ.

 

No phone call had been received from the Claimants,

however the Court's phone system had gone down affecting both inbound and outbound calls.

 

Due to the DJ having a very busy List for the day

 

the Allocation Hearing has been adjourned for a non-telephone hearing, costs reserved.

 

Fresh Draft Directions to be submitted.

Link to post
Share on other sites

  • 1 month later...

Quick question - where an account has been assigned but there is a mistake on the schedule to the deed of assignment (in this case a date is wrong), what effect does that have on the assignment itself?

Link to post
Share on other sites

  • 7 months later...

Just back from Court where

 

 

to cut a long story short IND's claim was dismissed.

 

 

They had failed to provide some rather important documentation to the Court

 

 

which meant that their evidence was inadmissible,

 

 

therefore without that evidence the DJ said that the case was "doomed to dismissal" due to the Claimant's "self-inflicted injuries".

 

I have been awarded Costs - would appreciate some guidance as to what I can claim and what would is reasonable under the circumstances.

Link to post
Share on other sites

Wouldn't happen to be the pre trial check list (N170) by any chance peter?:-D

 

Excellent news anyway...delighted for you...thread title amended to reflect the outcome.

 

Again well done.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I have made reply peter...so do I take it that they had failed to submit their WS with the court also?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Of course...excellent District Judge presiding then :-)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 3 weeks later...

Delightful envelope arrived in the post this morning:

 

 

IND are appealing the DJ's Decision on the grounds that they reckon they did comply with CPR33

and therefore their hearsay evidence should have been allowed.

 

However also attached is a copy of the Order made by the DJ back in July where it was stated that

 

 

"The parties have permission to rely at the trial

 

 

only on the oral evidence of the witnesses of fact whose statements have already been served."

 

What do I do from here?

Link to post
Share on other sites

Hi Peter responding to your PM

 

In the above General Order of July....can you expand as to why point 2 was directed........there was a large gap in your thread (Feb - April-Nov)so its difficult to ascertain what has happened...did they fail to submit their Witness Statement ...in line with the directions?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy

 

I can only guess that point 2 in the Order was directed as the DJ had read their Witness Statements (which were filed and served in February and June) and saw that there was no clear statement that they wished to rely only on the witness statements, therefore would not be calling the witness, but they did not say why in line with the rules.

 

Their argument being that by saying "I wish to rely on CPR33.2(1)(b) and Section 2(1)(a) of the Civil Evidence Act 1995)" plus what they said in the rest of the paragraph about having nothing further to say about the account they complied with the rule.

 

My only guess being that the DJ who made the July Order after filing of Pre-Trial Checklists saw that and put in point 2 into the Order to make sure there was no doubt.

Link to post
Share on other sites

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Andy - that's what they're arguing. However, footnote 7 at the bottom of the page - it doesn't say anywhere that they weren't going to call the Witness and why not.

 

But obviously the DJ saw that and made the order - this was made after both WS had been filed and served.

Link to post
Share on other sites

Obviously the DJ had his reasons for imposing the direction and also for striking it out...I personally cant see the court allowing the appeal...judges dont like their orders being questioned......you can either let it run its course and hope that the Judge sticks fast or you could also submit opposing it.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...