Halifax Taking Me To Court

[wish me well]

Ok everybody peeps,

 

I is done in, innit.

 

Respect to the masses

 

compare the meerkat.com-bed

 

simpills

 

same again tomorrow?

 

Goodnight all see you soon

[The Mould]

Welcome back, that was a nice cigarett,

 

Now then that forcast, are you there Sean......

 

Sean- You know I am John, I'm only over here opposite you.

 

John- Yes but the viewers don't know that.

 

Sean- They do now.

 

John- Can you get on with it then, I mean you just heard that fiasco with Sheala, so don't let me down Sean.

 

Sean-OK, but I will just say that I didn't know that I was going to be asked to do this tonight, so I have only had today to read up on it.

The best advice I can give about the forcast out there is, if you are on a boat tonight then you should speak to the captain and he will tell you what's going on with the sea, hey John, do you know those traffic lights down the lane before you go over the bridge, well there broken right now, there are not working.

 

John-Sean are you winding me up?

 

Sean-No John, they really are broken.

 

John-Sean, I am talking about the shipping or the sea forcast, not the traffic lights.Anyway, how do you know that they are not working?

 

Sean-Well as I came up near them, I fell over.

 

John-What does that matter to you then, you were walking along the path and you fell over, so it does not matter whether they were working or not.

 

Sean-No I was driving at the time, so it is relevant.

 

John-How on earth did you fall over while you were driving?

 

Sean-Well I didn't really fall over as such, it was more like I rolled over, you know John, like a rolly-polly.

 

John -This doesn't make any sense Sean, you were sitting in the driving seat and you did a rolly-polly, how?

 

Sean-Well I was smoking at the time, and I droped the cigarett on the floor near the pedals.

 

John-Sean be careful what you say about the smoking ting, they are trying to ban that in this country.

 

Sean-We are not in this country, so it doesn't matter John.

 

John-It does matter Sean, we are in this country.

 

Sean-Are we?

 

John-Yes, well I am, and you are opposite me, so you must be too.

 

Sean-Are you English or Irish John, what on earth's gotten into you?

 

John-I am Irish Sean, we are brothers, your mother and father are the same as my mother and father.

 

Sean-That's what you think John.

 

Jonh-What are you going on about now Sean?

 

Sean-Don't you know John, every family has a secret.

 

John-Sean tell me, what is our family secret, I have never heard that our family has a secret.

 

Sean-I can't tell you Jonh.

 

Jonh-Why not?

 

Sean-Because it wouldn't be a secret anymore.Anyway so I was driving the car, droped the ciggy and I bent down to pick it up and I rolled right over with me legs nearly sticking out through the roof of the car, the next ting I know there was a bump, and I was in Mrs Doyle's shop window.

Well the look on her face, utter surprise, she was more surprised than I was, and that's very odd John, because she would of seen it comming whereas I wouldn't of seen it comming, so I would think That I would be the one who was more surprised, and in a way I was very surprised to see how surprised she was, I suppose when she saw how surprised I was to see how surprised she was it probably made her even more surprised.

 

John-Well I suppose you wrote your car off then Sean.

 

Sean-No

 

John-So your car is alright then, still in one piece?

 

Sean-Yes there's not a scratch on my car.

 

John-That's incredible Sean, after an accident like that, there's not even a scratch on your car.

 

Sean-Yes my car is fine John, because at the time of this accident, I was driving your car John.

 

John-This is definately a wind up tonight, anyway inside the Halifax is comming next.

 

Kind Regards

 

The Mould

[The Mould]

Wish me well are you going to sleepy byes?

 

 

Kind Regards

 

The Mould

[The Mould]

Another day at the Halifax office,

 

9.000000000000000 Am

 

Good morning Mr Chief Exec, what about today, do you think you might do something?

 

Good morning Mrs whatever, Yes that's right, its raining again, did you say something to me.....yesterday? Right, where is it, now listen I can't have this, Have you seen the state of that pavement out there, I thought I told you about that already, probably right, so what can be done then, can I go now, oh by the way have you seen my pencil? Don't answer that phone, yes I know but leave it that's what its there for, let it ring. what about that pencil, the one with the pink stripes on it, it was in my blazer yesterday I signed something with it, don't know what, but(SHOUTING) I ALWAYS SIGN IT IN PENCIL, I REALLY WANT THAT PENCIL, PLEASE I CAN'T LIVE WITHOUT IT I TELL YOU,, NOW LISTEN EVERYONE, STOP WHAT YOU ARE DOING, I DON'T CARE IF YOU HAVE TO TEAR THIS BUILDING A PART, FIND THAT PENCIL, IF YOU DON'T FIND IT,(calming down) i wil er urm. i will go to WH Smiths and get another one.

 

Right up the ivory tower i go......

 

AT THE TOP...

 

Good morning there, hey you there, you the department manager bloke.

 

(This person is actually the janitor)

 

Janitor-Me sir, are you talking to me?

 

Yes hello, over here will you, in my office.

 

Janitor-Well er i am the cleaner sir.

 

Nonsense man, I know a manager when i see one, and i can see you, anyway you are part of the woodwork now.

 

Janitor-So does this mean a payrise then?

 

Yes of course, why not, from now on you can have a salary of say erm £65k how does that sound, pretty good i expect.

 

Janitor-Well thank you very much sir, but I only started last week.

 

Promotion is rapid here, we always reward the hard working and skillful staff without any delay, that way we garantee to keep ahead of the rest of the market, by the way why are you wearing a boiler suit, we can't have that, I will let you off today, but you should know better senior managers must set an example that dress code is not acceptable if you come in here tommorow dressed like that I will fire you, do i make myself clear, what on earth are you thinking of man, right that's settled, off you go then.

 

Janitor-Can I get a drink, before I go to my er my urm office sir?

 

Yes of course, get me one aswell.

 

Janitor-What would you like sir tea or coffee?

 

I will have a pinicolarda and two pints of snake bite.

 

Kind Regards

 

The mould

 

Ps. more to come

[The Mould]

Oh Mr Chief Exec you look mighty dashing today.

 

Hello Mrs PA, I need you in my office right away, something urgent has come up and I need you to get on it right now, so drop everything including your nickers, oooops er urm i mean snickers, i mean snickers, snickers Ok everydody snickers is what I said Mrs PA has got a snicker bar in her hand, alright so carry on as you were, Mrs PA hurry up.

 

IN HIS OFFICE......

 

Oh Mr Chief Exec, you nearly let the cat out of the bag then, ooh talking about bags, what about your balls, are you going to get them out?

 

Mr Sibs to you Mrs PA, well I don't want them out of the bag because then what use would they be.

 

Ooooh Mr Sibs, use your authority on me.

 

OK, this time i want you to really get a hold of it and shake it as hard as you can, i want to see the head come right off of the thing, i want it to erupt like a volcanic explosion, and i want to see it fire upwards and pierce those polystyrene ceiling tiles, make it go off Mrs PA like as if your life depended on it.

 

Mr sibs, what on earth are you talking about, how dare you even suggest such a thing, I think i should report you.

 

Hold oon a minuet Mrs Pa, this is a case of crossed wires i think, I was refering to that bottle of champagne over there by the filing cabinet, what on earth did you think i was talking about, i'm a married man thank you very much, did you think i was talking about my er thingy, my pencil.

 

Well yes i did Mr Sibs, i apologise for jumping to conclusions.

 

Jolly good girl Mrs PA, now I won't fire you for that, as long as you get your nickers off right now.

 

Go to hell you dirty old man, i'm telling, shove your job, oh Mr sibs you are the pits.

 

Kind Regards

 

The Mould

[The Mould]

Wish me well, how are you doing?

 

I cannot believe the time, I think I will have to give the report on the Halifax poisoning tommorrow, the latest news is that its worse than the plague.

 

Kind Regards

 

The Mould

[The Mould]

Wish me well, what is the latest?

 

Anyfurther news from your branch?

 

My branch says there's a board meeting soon, then a speech to the personnel by the chief exec.

 

Tommorrow night at the club there is the possibilty of an armchair thriller, live radio call-in and more from the O'Shea Family, plus another report under the approval of our good friends at the Halifax sanitorium. If we can fit it all in.

 

Kind Regards

 

The Mould

[The Mould]

Homes, Homes, Homes are you awake?

 

Yes Watson, I am now, what do you want Watson for goodness sake man its 4 o'clock in the morning.

 

Dosen't matter Homes, I will tell you tommorrow.

 

Watson are taking the mick man, you have just woken me up, now tell me what it is, I am not waiting until the morning, tell me now old boy.

 

No I shall not Homes, with the mood your in now, I'm not telling, you will just have to wait.

 

Watson if you don't tell me now, I will never speak to you again, I swear it old boy, Watson, Watson, do you hear me, I mean it Watson, and I won't make you a cup of tea in the morning either, so come on man, what is it, lets not fall out over something that quite possibly is going to be a petty thing, I mean what on earth can it be Watson, surley it wasn't that important that you had to wake me up at this hour of the night. Nothing can be that important not even for me, Sherlock Homes, the worlds greatest detective. Watson I hate you for doing that , do you hear me Watson I said I hate you, don't speak to me again, that's it Watson, you had your chance you stupid fat old man, I don't know why I ever considered you to be a friend I really don't, what type of person would wake someone up at 4 in the morning saying thay have something to say, and when the other person wakes up, you then say, oh doesn't matter I will tell you tommorrow,

 

It simply won't do Watson, this is your last chance you fat old boy, now tell me Watson, what did you want to say me?

 

I love you Homes.........................To be continued

 

 

Kind Regards

 

The Mould

[The Mould]

That's it for tonight folks, the midnight club is now closed, thank you for joining us, until next time, good night.

 

 

OK, wish me well,

 

If those doc's do not arrive in the post today (WEDNESDAY), ring them up and ask them where are they, tell them the date for compliance to honour the disclosure request is today, and that you are going to do as you stated you would in that CPR request letter and report them to the court for refusing to comply, and that also you are going to complain to the court about their other Non-compliance with practice direction in relation to their conduct and their inadequately issued particulars of claim, tell them that you are going to ask the court to use its powers and impose sanctions on them pursuant to civil procedure rules, because these such appalling actions by them are quite obviously intended to frustrate proceedings.

 

See what their reaction is to this, don't talk to them about anything else and say to them if they do not supply you with all of the requested doc's by tommorrow (THURSDAY), then you will report their failure to comply to the court.

 

Once they collate, as they call it, all of the doc's, and they see that invalid default notice, they will either withdraw their claim, or produce another one that looks as though it is valid, so don't mention to them that you have the original one or that letter the July 08 agreement.

 

If they do make any amendments to that invalid default notice, you will be able to show the court their deceitful behavior, their claim will be struck out.

 

However, as I said yesterday, if they were serious in the first place with the issuing of their claim against you, they would of provided the evidence to their claim already, or when receiving your CPR request they would of had the doc's ready for you incase you did defend.

 

Their only reliance is the use of fear, they are mortal beings, useless pieces of clay is what they are, they are no longer afforded, their invitation has been revoked because they are of no use, the things they do are not pleasing, they have not fulfilled their purpose, so the only place for them is in this world, they now belong to this world and that is where they will stay when the time has come to melt down their preference into a cup and give it to them to drink, every last drop of it.

 

Take very good care of all of you.

 

Kind Regards

 

The Mould

[wish me well]

Hello everyone,

 

Right the first update, I have today, just this second put the phone down on the lovely people at the halifax.

 

I spoke to Sheila, this is how the conversation went;

 

Hello, can I have your reference number please,

 

Yes, its xcxxxccvdx

 

Right, ok Mrs x how can I help?

 

Well, I received a response letter yesterday from your department relating to the CPR 31.14 requested which was received at your offices and signed for on the 6th April. As you will be aware, today is the deadline for complying to my request and as the letter you have sent is about as useful as a piece of used toilet tissue, I would like an answer as to when you expect to have the collated documents, and when they will be forwarded to myself.

 

Well Mrs x, I am sure you will appreciate that the Halifax is an extremely large institution and obviously getting all of the relevant documents together takes time. However I am sure we will be able to send these documents to you within the next 7 days.

 

Oh, is that so, well as you will appreciate, Sheila, I have to have my defence and counterclaim in to the courts before the 21st April, which is exactly 7 days time so I find your response unacceptable to say the least. Also, I must point out that for you to have issued a court claim you were required to include any documentation you were to rely on with the claim form sent to myself!

 

Actually, Mrs x, we dont, we have fully complied with Northampton County Court Bulk Processing Centre when starting the court action so we didnt need to have the documents ready and waiting.

 

Ok Sheila, please do not insult my inteligence. As well you know under CPR 7.3, it is required protocol and under CPR4.2. You have now also failed to comply with my CPR 31.14 request, this could be considered as an attempt to frustrate proceedings. This will obviously be brought to the courts attention when I submit my defence and counter claim berfore the deadline of the 21st April.

 

Errrrrm......

 

Right well as I said, the documents, I am sure will be sent to you within the next 7 days, errrrrm, sorry.

 

Ok Sheila, thats fine, I just called to respectfully ask what you are playing at and obviously let you know my stance on the situation and to let you know exactly what WILL be happening whether the documents are supplied or not

 

Thank you for your time

 

So what do we think of that, I must say, my heart was in my mouth the whole way through the call but I felt a sense of relief that I have now spoken to someone in their lovely offices and maybe pointed out I am no numpty because of CAG of course

 

I really want to get my defence AND counter claim in within the next couple of days, I do not want them to be able to just backtrack on what they started. I will stand up and be counted!!

 

Kindest wishes

 

wish me well

Edited April 14, 2010 by wish me well

[CBR600F]

Oh I had one of these as well today (Halifax / Bank of Scotland) , can't get to stroppy with them yet as they did not get it until 10th....

[wish me well]

Oh I had one of these as well today (Halifax / Bank of Scotland) , can't get to stroppy with them yet as they did not get it until 10th....

 

I mean whats the deal, sending people pieces of USED toilet tissue, I cant get my breath!!

 

Feel free to use my telephone conversation as inspiration

 

Knock em for six!!

 

What a set on muppets

 

kindest wishes

 

wish me well

[CBR600F]

Well they did return my PO!

[wish me well]

 

Of course!!

 

[wish me well]

Just a quick point to save you any hassle/expenses; if you serve your counterclaim at the same time as your defence you will not have to pay a fee under Part 20 of the CPR.

 

Right, I have been trying to find out more about this and how to go about it, but everywhere I have read it says I have to pay a fee??

 

Any help or anyone that has done this and knows how please could you let me know.

 

Thanks in advance

 

wish me well

[The Mould]

Right, I have been trying to find out more about this and how to go about it, but everywhere I have read it says I have to pay a fee??

 

Any help or anyone that has done this and knows how please could you let me know.

 

Thanks in advance

 

wish me well

 

Hello wish me well,

 

No 1. Civil Procedure Rules Part 20, Look it up and it will tell you what to do, later on I will give more assistence.

 

No 2. Halifax are going to try and get a judgment against you, because you have now informed them with your CPR request that you intend to defend, they were not expecting that, so now they are going to mess you about for these next 7 days, so, again later on I will help you finish your response and counter-claim, in the mean time read up on part 20.

 

No 3. In your response to the court you are going to have to make the complaint about the Non-Compliance Conduct of Halifax and ask the court to do something about it, so, also see if you can start making ready that complaint using/quoting the CPR rules that Halifax are not complying with, you basically want the court to stay (Suspend) proceedings until they comply and you also are asking the court to allow you to amend your defence, if it needs to be amended depending on the inspection of the requested doc's.

 

No 4. You now know Halifax have not prepared their claim properly, so your response/defence will cause them to think about whether or not to proceed, they will now know that you are not going to make it easy for them, and when they see your defence and counter-claim, they will withdraw.

 

No 5. I will be on tonight around 9 pm, I am on-line for about 15mins, so tell me how are you now?

 

Does that make any sense, the above I mean, of course its the above, its not the below!

 

Kind Regards

 

The Mould

 

PS. come back to me, if you can in the time stated above, if you don't comply I will consider that a breach, and penalties will be imposed by order of the rules of the book of rules to which there is contained hereto and therein and whenever er and also whereever and that rule was given 900 years ago and is still in force today.

[wish me well]

Hello wish me well,

 

No 1. Civil Procedure Rules Part 20, Look it up and it will tell you what to do, later on I will give more assistence.

 

I have but it went over my head, I will again until I grasp it.

 

No 2. Halifax are going to try and get a judgment against you, because you have now informed them with your CPR request that you intend to defend, they were not expecting that, so now they are going to mess you about for these next 7 days, so, again later on I will help you finish your response and counter-claim, in the mean time read up on part 20.

 

Yes I guessed that when she quoted "in the next 7 days" thats all I got left, I wonder if she's that stupid!!

 

No 3. In your response to the court you are going to have to make the complaint about the Non-Compliance Conduct of Halifax and ask the court to do something about it, so, also see if you can start making ready that complaint using/quoting the CPR rules that Halifax are not complying with, you basically want the court to stay (Suspend) proceedings until they comply and you also are asking the court to allow you to amend your defence, if it needs to be amended depending on the inspection of the requested doc's.

 

Right, if I ask the court for to stay the case, is this not just giving the Halifarce more time to sing songs and chase butterflies round the fields? I know for a fact what I have and there is nothing at all they can knock together that can alter my original documents so although yes, asking for permission to amend deffo, but why the stay?

 

No 4. You now know Halifax have not prepared their claim properly, so your response/defence will cause them to think about whether or not to proceed, they will now know that you are not going to make it easy for them, and when they see your defence and counter-claim, they will withdraw.

 

I am considering, after submitting the defence and counterclaim, sending them the letter way back at the beginning of this sarga, see what happens, I dont want to let them discontinue on this case! Its about time they got a taste of their own medicine!!

 

No 5. I will be on tonight around 9 pm, I am on-line for about 15mins, so tell me how are you now?

 

I am ok actually, a little tired, how the hell did you manage to stay awake and typing correctly until that time this morning? You must be soooo tired!!

 

Does that make any sense, the above I mean, of course its the above, its not the below!

 

Kind Regards

 

The Mould

 

PS. come back to me, if you can in the time stated above, if you don't comply I will consider that a breach, and penalties will be imposed by order of the rules of the book of rules to which there is contained hereto and therein and whenever er and also whereever and that rule was given 900 years ago and is still in force today.

 

 

Make sure you issue a compliant Default Notice, or else!!

 

I will catch up with you later on tonight then

 

kindest wishes

 

wish me well

[The Mould]

Wish me well I can only be on-line for another 10 mins, so I am no use to you right now, later on I will be back and carry on from there, are you alright?

 

Kind Regards

 

The Mould

[wish me well]

Wish me well I can only be on-line for another 10 mins, so I am no use to you right now, later on I will be back and carry on from there, are you alright?

 

Kind Regards

 

The Mould

 

Hi,

 

I am alright, yes, lots of cigs to calm nerves from the telephone conversation earlier though

 

How are you, everything calm and peaceful at your end?

 

kindest wishes

 

me

[The Mould]

Make sure you issue a compliant Default Notice, or else!!

 

I will catch up with you later on tonight then

 

kindest wishes

 

wish me well

 

 

Ok, wish me well, I don't want you to stay the proceedings, so tonight then we will finish your defence and counter-claim so you can send it off in the next 1 or 2 days, the ship will be ready for battle, and we will sail it on full engines into the Halifax ship and sink them for good.

 

You will need to type up your Particulars Of Claim, and each piece of A4 paper will need that heading and to be numbered, each doc your claim relies on make 3 copies and 3 copies of POC's, you will become defendant part 20 claimant and Halifax claimant part 20 defendant, you will need a covering letter for the court manager asking for your claim to be served(issued) the letter should list the contents contained, i.e, claim, list of doc's and the doc's, how many copies. Number the doc's clearly, list everything out clearly.

 

When you file this with the court, the court will issue to the Halifax, then you wait for further directions depending on how the Halifax respond.

 

 

Ok wish me well, 5 more mins for me then I am out until tonight.

 

 

Kind Regards

 

The Mould

[wish me well]

Ok, wish me well, I don't want you to stay the proceedings, so tonight then we will finish your defence and counter-claim so you can send it off in the next 1 or 2 days, the ship will be ready for battle, and we will sail it on full engines into the Halifax ship and sink them for good.

 

Do I sound to pushy, I dont know, just dont want them to be able to pull out of their claim and get away with what they have done to date.

 

You will need to type up your Particulars Of Claim, and each piece of A4 paper will need that heading and to be numbered, each doc your claim relies on make 3 copies and 3 copies of POC's, you will become defendant part 20 claimant and Halifax claimant part 20 defendant, you will need a covering letter for the court manager asking for your claim to be served(issued) the letter should list the contents contained, i.e, claim, list of doc's and the doc's, how many copies. Number the doc's clearly, list everything out clearly.

 

When you file this with the court, the court will issue to the Halifax, then you wait for further directions depending on how the Halifax respond.

 

 

Ok wish me well, 5 more mins for me then I am out until tonight.

 

Kind Regards

 

The Mould

 

Thanks The Mould,

 

I will be reading up exactly what parts of the CPR havent been complied with and will post up as I go.

 

Have a nice time out, and I will catch up with you later.

 

Kindest wishes

 

wish me well

[The Mould]

Thanks The Mould,

 

I will be reading up exactly what parts of the CPR havent been complied with and will post up as I go.

 

Have a nice time out, and I will catch up with you later.

 

Kindest wishes

 

wish me well

 

No you are not pushy, but there is a little bit more work to do, so tonight we will have to cancell the midnight club (That's perfectly alright) and get everything in order.

 

Soon we will need to draft your closing speech to the court, you know, summing up, all the reasons why the court should not and cannot allow their claim to be held, but we will do this if and when the time comes.

 

 

So, until tonight then, keep cool, did you make that block of ice?

 

See you later on, take very good care of all of you.

 

 

Kind Regards

 

The Mould

 

PS. time to give Halifax some mould poisoning, see not all poison is bad!

[wish me well]

Ok so far, What the Halifax have/havent done:-

 

failed to comply with pre-action protocols when first instigating court proceedings.

 

Under section II The approach of the Courts,

 

sections 4.2 and 4.4.

 

Under CPR part 16 section 7.3 (1) and (2)

 

CPR 4.2, The court will expect the parties to have complied with this Practice Direction or any relevant pre-action protocol. The court may ask the parties to explain what steps were taken to comply prior to the start of the claim. Where there has been a failure of compliance by a party the court may ask that party to provide an explanation.

 

 

4. Compliance

 

(4) without good reason, not disclosed documents requested to be disclosed.

 

Examples of non-compliance

 

4.4

The court may decide that there has been a failure of compliance by a party because, for example, that party has –

(1) not provided sufficient information to enable the other party to understand the issues;

　

(2) not acted within a time limit set out in a relevant pre-action protocol, or, where no specific time limit applies, within a reasonable period;

 

CPR 7.3

 

Where a claim is based upon a written agreement:

 

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

 

(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

　

You failed to comply with my request under CPR 31.14 for disclosure of the documents which you are to rely on in this case or state the date you expect to be able to comply, stating the you will forward the documents when you have received them is not an acceptable response.

 

I need to check if there is anything else,

 

I will be back posting

Edited April 14, 2010 by wish me well

[wish me well]

Right I think I have found it, for the CPR20 to counterclaim free, is it the claim form N211?

 

I think it is but just want to make sure.

 

Thanks all

 

wish me well:D

[The Mould]

Right I think I have found it, for the CPR20 to counterclaim free, is it the claim form N211?

 

I think it is but just want to make sure.

 

Thanks all

 

wish me well:D

 

OK, wish me well,

 

Comming back on very quickly, on the back of your response to the claim, that is where you state your counter-claim, there is not much room, so carry it on with additional pages and title those pages 'Particulars of Claim'

and number them and state the claim No, find out the head office address for Halifax and state that as the Defendant's address. (If their head office is not in England, put the address of one of their branches in England as the defendant's address).

 

OK, wish me well, catch up with you tonight.

 

 

Kind Regards

 

The Mould