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    • Excellent work!   I'd suggest a couple of tweaks.   In (1) it's just easier "The Defendant is the recorded keeper of xyz".   (3) should go at the end.  It's the summary and catch all clause.   Cut out (6).  CPR is evidence for the other points.   I think the bit about contempt of court is unnecessary, it's generally used in Witness Statements.   See what the others think, but I would be tempted to beef up (4).  Leave it as worded but at the end add "The non display of the permit is "de minimis".  Similarly leave (5) exactly as it is but conclude "Therefore I enjoy Supremacy of Contract".    
    • Can you post another copy here so we have it all together.
    • For reference.....   https://www.legislation.gov.uk/ukpga/Vict/45-46/43/contents     https://www.blakemorgan.co.uk/bills-of-sale/   Andy
    • A few thoughts.   1. Providing those percentages are accurate that should be fine.   2. There is no need for an actual signature on the form. Just submitting it valid enough.   3. Are you sure the form asks you to mark the box if your income is OVER £6365? I think you may have misread. The entry is usually needed if your income is UNDER £6365 AND you still want to pay Class 2 NIC voluntarily. If your income is greater than £6365 I don't think you need to mark that box.   4. Remember - the filing of the Tax Return itself is handled by one section of HMRC, different from the section that tracks your payments. The Tax Return does NOT want to know about any money you sent to HMRC.  The reference to  "underpayment or underpayment from previous years" refers to PAYE tax codes where you are in employment. In short this box does not refer to you, as a self employed person,  and should be left blank. Your various overpayments from the past and "payments on account" for 2019/20 will be processed by the collection department computers after your Tax Return is submitted. If all goes as it should then everything will come out in the wash. From what you describe I think you still have that £800 credit on your self assessment account. If so HMRC should use that credit to cover the £400 you say is now due leaving £400 credit remaining on your account. Bottom line - submit the Tax Return THEN go into your account a day or two later to check the balance owing to them  or repayable to you.   Good luck.
    • Yea I understand what you mean, but the difficulties with paying etc didn't arise until July, everything was grand up until then. Its just strange that with chartsbridge usually being quite prompt in replying, they've done the same and blanked me when I highlighted the issues with the default notice, and ccp giving them wrong information....    Will submit a sar for sure... 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

Mike v Halifax ***WON***


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Ok, been reading through all these threads over the last few days, and believe I too have a case here. I did send them a letter back in April, but that was before I was aware it'd cost me a tenner to get all my statements, and haven't actually heard anything back (funny that..!).

So, I've got my Subject Access Request letter here, and will be off to the post office on Friday to post it along with my cheque for ten pounds!

Just out of interest, has anybody had their account closed by the Halifax at all? I have applied for an account with Natwest, but my credit rating is pretty appalling so am living in hope that if they turn me down, the Halifax and I can still be friends after all this.

 

I wonder, do you think anyone from the banks reads this site? Just picture it now, some big shot bank manager shaking in his boots when he sees the line 'Mike vs Halifax'. Do you think bank staff get charged, when they go overdrawn - and do you think they have to go through all this trouble getting their money back...? Just a thought.

 

Anyway, wish me luck, I'll keep you posted! :D

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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The banks are having to be much more careful about closing accounts now as the latest Banking Code Bulletin is stressing their responsibilities. Bank staff will get charged and can be disciplined for having charges.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Thanks, that's a comfort!! Letter & cheque posted this morning. When do you think I'll get my statements back?

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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1 to 5 weeks - no telling!

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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  • 2 weeks later...

Ok, cheque was cashed yesterday, so hopefully it'll not be too long till I get my statements. I hate waiting...

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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Letter received on Sat from HBOS PLC saying that statements has been ordered... w00t...

Also normal shpiel about manual intervention not being recorded so unable to supply any info... mwahahaha... bet they wished they'd kept a paper trail now...!

At the moment I've not got a clue how much they owe me... hope it's thousands :)

These bank charges are a great investment for the future, huh? Might see about getting a few more to claim back in 6 years!

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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All statements received over last 2 days, 51 pages in total, and charges of £1359 in total :D woohoo... now, the next step. Am gonna send letter requesting it back in the morning!

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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Managed to get prelim & schedule of charges posted today... the countdown begins...

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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good luck

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Incidentally... I got a nice letter from Halifax informing me of another £39 charge which will come out in 5 days... thus putting me over my OD limit, and causing another £28 charge... and all for a failed direct debit to the value of £2.29.

I called them up and asked them to remove it and she said no because they've already removed 2 out of 'goodwill' already this year. She did say she agreed it was unfair though. She also confirmed it doesn't cost them £39. I knew it anyway... but nice to hear it from the horse's mouth!

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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Your item with reference DHblahblahblah was delivered from our HALIFAX Delivery Office on 15/09/06 :)

So 2 weeks from now then till I can issue LBA, right?

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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Add the extra charges to you LBA letter and update your spreadsheet to send with it, 2 weeks from now yes then the LBA

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Ok, 2 letters received yesterday...

 

1. We are sorry to hear you're unhappy... blah blah blah...

 

2. You are over your authorised overdraft limit (they chose to omit 'because we have applied a £39 charge to your account'... moneygrabbing swines...), so we're charging you £28 at the end of next month.

 

I'm hoping to have all this settled in the next few weeks, am due to issue LBA next Friday, and think that by the end of next month I'll be all done. Does this mean I have to go through the whole process again to reclaim my £28 at the end of October, or can I put it on my spreadsheet as a pending charge? :confused:

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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As they've promised that they will be taking the charge, and it will come out before they pay up, there's no reason not to include it in an updated schedule with your LBA - that's what I did, charges and interest as notified in advance.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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I'm not convinced that it will come out before they pay up.

The money won't come out of my account until 31st October - and I'm only 3 weeks away from MCOL now (which will be done 13th October).

Should I just leave it for now, and then call them when they take the money, suggesting that they give it back - pointing out that I've taken it further before, and will again if needs be?

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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They've still scheduled it to come out, and Halifax have 28 days (if they file to defend, which they will) before they have to pay up to avoid court. I asked for my new charges back when I phoned them about my settlement offer and they refused, so I've had to start a new claim.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Ok, LBA is due to be sent on Fri, just want to double check, do I need to include the interest on my schedule of charges, the 8% stuff I mean, or do I hold off on that till MCOL? I'm fairly sure I hold off, just checking!

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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Settlement offer received from Phil Giamarita (review manager, customer relations in Leeds), dated 28/09/2006 - £649!!! It's a grand short of what I'm claiming, rejection letter ready to post in their prepaid envelope :p !

Where do they come up with these offers? I've seen smaller offers on larger amounts!!!

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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