Halifax Taking Me To Court

[wish me well]

The acknowledgement of service will not prevent proceedings. I am sorry but it is just part of the process.

 

I think that The Mould is stating the facts that they dont have what is needed to issue court proceedings in the first place, although it may be to late to argue this with the court, but the info provided so far has helped me put together in my view an extremely solid letter to send the Halifax explaining this.

 

Proceedings will only stop if the Claimant fails to file his paperwork later [ Allocation Questionnaire ] or discontinues.

 

Discontinue is the ultimate goal in this case.

 

Or if you have a strong case you can apply to the court to strike out the Claim

 

Again, The Mould has put together a very good defense to get a possible stike out.

 

However you have to be strong and know your arguments to succeed in Strike out . I know this to my cost.

 

I have a ridiculous amount of arguments all of which can be backed up and with people like The Mould and yourself on my side I am getting stronger everyday

 

Thank you once again x

Edited March 29, 2010 by wish me well

[wish me well]

The only way to not provide a defence, in these proceedings, is where you are disputing the courts jurisdiction.

 

If you fail to provide a defence then under CPR 15.3 the Claimant can apply for default judgement.

 

Under CPR 9.2 you need to file a defence or an admission within 14 days unless you have filed an acknowledgement of service.

 

Your reason for not filing a defence is found in the above- the time extension that follows from the acknowledgement of service allows you time to obtain the necessary documentation from the Claimant.

 

If the Claimant serves you with the documentation you need to file a defence based on those docs.

 

If the Claimant fails you need to file an embarrassed defence.

 

Thank you for your input, I have known all along I have to file acknowledgement but know now that its seems to be just a simple process in the first instance.

 

Kindest wishes

wish me well x

[vjohn82]

I think you are receiving some incorrect input which needs to be put right.

 

1) You DO need to put in a defence.

 

2) Why mark a letter which informs the creditor of their failings as "without prejudice"???

 

Think about those points for a moment.

[wish me well]

I think you are receiving some incorrect input which needs to be put right.

 

1) You DO need to put in a defence.

 

Dont worry, in previous posts the defence has been talked about and if the Halifax dont agree to the proposals I put to them and foolishly continue to take court action then the defence will be submitted. Thank you for checking that I knew this

 

2) Why mark a letter which informs the creditor of their failings as "without prejudice"???

 

Not sure but I will ask The Mould and I am sure I will get a reply to this and take it from there, again thank you

 

Think about those points for a moment.

 

I understand that you just want to make sure I am aware of what is required, I am slowly getting there, with the tremendous amount of effort that The Mould has put in and fellow caggers such as yourself

Kindest wishes

 

wish me well x

[vjohn82]

2) Why mark a letter which informs the creditor of their failings as "without prejudice"???

 

Not sure but I will ask The Mould and I am sure I will get a reply to this and take it from there, again thank you

 

Why are you asking someone else? You should, in all honesty, be asking yourself why because if this goes to court it is you being asked the questions by the Judge.

 

I've seen too many people fail at that stage despite all of the legwork being put in beforehand.

 

You need to understand your own case

[wish me well]

Ok with regards to "without Prejudice" copied and pasted, the definition:

 

Without prejudice - a term used by solicitors in negotiations over disputes where an offer is made in an attempt to avoid going to court. If the case does go to court no offer or facts stated to be without prejudice can be disclosed as evidence. Often misused by businesses during negotiations when they actually mean subject to contract.

 

Ok this could poss cause problems if it gets to court and I want to prove what efforts I went to, to settle without court proceedings. I agree that this doesnt need to be added. Thanks for pointing that out.

 

Kindest wishes

wish me well x

[The Mould]

Right, extremely long winded but it may get the message across to those silly people!

 

STRICTLY PRIVATE & CONFIDENTIAL

 

　Halifax address

　Without Prejudice

　

 

REF: Civil Proceedure Rules & Pre-Action Conduct Practice Direction

Claim Ref: xxxxx

This communication has been delivered pursuant to Pre-Action Conduct Practice Direction, Halifax Plc (The claimant) you are hereby given notice to acknowledge receipt of this letter and to respond in writing to YOUR NAME (The defendant) with in seven (7) days if you are intending to proceed with your claim.

If, after digesting the contents of this letter, you (The claimant) give serious consideration to re-evaluating your position in this claim, whereby you decide not to continue with legal proceedings, you may respond in writing with in fourteen (14) days of receipt.

Dear Sir, Have you got the name of contact?

 

 

On 23rd March 2010 I received the Claim Form dated 19th March 2010 in this case issued by you out of the Northampton County Court, I accept your ‘rescission of Contract‘:-

 

I respectfully draw your attention to the following:

If the lender, or any assignee, takes the step of legal action the contract is automatically rescinded by virtue of s.87 and, I intend to defend in court if necessary.

 

I wish to advise you that the Default Notice was not issued in accordance with legislation under the Consumer Credit Act, I can prove your breach of contract (July 08 agreement, this was a three (3) month temporary contract and superseded the original credit agreement for those said three (3) months) and I can prove the unlawful rescission of contract. My defence to your claim is supported in full by the Doctrine Of Promissory Estoppel, and your organization's failure to comply with legislation.

 

 

PROMISSORY ESTOPPEL

A rule of law that when person A, by act or words, gives person B reason to believe a certain set of facts upon which person B takes action, person A cannot later, to his (or her) benefit, deny those facts or say that his (or her) earlier act was improper.

 

 

I received written acceptance of a 3 month agreement dated 14th July 2008 from yourselves which led me to believe that because of this, Halifax would not cause any detriment to me if I did what was proposed, I honoured my part of that agreement, that is what I was advised by letter, but without any cause or reason or notice, you decided not to honour the agreement by virtue of issuing the Default Notice dated 23rd July 2008 and registering a Default at the Credit Reference Agencies on 19th September 2008.Your organization gave a promise in writing to me, your organization broke that promise and went back on it's written word and it is inequitable at law to do such a thing.

 

I will vigorously defend this claim in court with indisputable documentary evidence and file a counter claim against it for the breach of contract, the unlawful default and the serious maladministration of my account by your personnel.

Your organization should seriously re-evaluate it's position, you have no real prospect of succeeding with your claim, therefore, I respectfully invite you to open a direct channel of communication with me with a view to resolving this dreadful matter without the need for court proceedings.

 

In order to reach a satisfactory, mutual and honourable resolution to the entirety of this matter, I would be very grateful if you would kindly afford your consideration to my proposals, and they are :

 

1. You withdraw your claim from the court with immediate effect. Close the file on my account, and up-date your internal system of records to show that the account is closed and balance £0. You up-date the information on my credit files to show that the account is terminated, settled and balance £0

 

2. You provide me with a compensation amount of £1,000.00 for the unlawful default. (The bench mark amount that should be awarded, as per case law ruling)

 

3. You remove the unlawful default on my credit files.

 

4. You give consideration to offering me a compensation amount of £2,000.00 for your breach of contract, (the July agreement).

 

I bring to your urgent attention also that as the defendant to this claim, I assert that the said legal notice has indeed not been served in accordance with the prescribed requirements of pre-action conduct practice as stated in ANNEX A regarding the guidance on pre-action procedure as points (2), (3), (4), (5), and (6) are non existent on the letter before claim issued to myself, the defendant by the claimant.

 

Under ANNEX A 2.1 The claimants letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include:

(1) the claimants full name and address,

(2) the basis on which the claim is made (I.e. why the claimant says the defendant is liable),

(3) a clear summary of the facts on which the claim is based,

(4) what the claimant wants from the defendant,

(5) if financial loss is claimed, an explanation of how the amount has been calculated, and

(6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.

 

Furthermore, 2.2 Clearly states-

 

The letter should also-

 

(1) list the essential documents on which the claimant intends to rely;

(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;

 

(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and

 

(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.

 

Your organization's conduct in this matter has placed me at an unfair and disadvantaged position in being able to fully prepare my defence, and I am of the opinion that as a ‘layperson’ you have taken advantage of that fact and have abused the practice direction.

 

If you are willing to agree to my proposals to resolve this matter, then I will accept that agreement from you as a full and final settlement to the entire matters between you and myself relating to this account, that are enveloped by your claim and I will require a letter stating that you agree to this for the courts.

 

I consider this to be the most appropriate and effective way of resolving this matter for both you and myself, if you take the facts into consideration, that your claim has no real chance of success against my indisputable defence against it and under the circumstance, that the best option for all concerned is for you to withdraw from the court proceeding as to continue in the manner you are at present could be construed as wasting the court's time, your organization has full knowledge of that 'July 08 agreement, which I might add, has been removed from my account history, fortunately for me, I keep a copy of all of my correspondance, the fact that this particular and very important piece of history has been removed or deleted off the internal system of records for my account is in it's self, absolutely incriminating evidence against your organization, for, why would this particular piece of information be missing off the account history to my relationship with the Halifax, when all other information is not missing or removed or deleted, your organization is going to have a difficult time trying to explain that in court.

With my documentary evidence against your claim, the court will see your organization as a vexatious litigant.

Should you wish not to discuss and negotiate this matter with me directly, I would like to advise you that

I will be sending a communication to the court, requesting for sanctions to be imposed on your organization for your Non-Compliant conduct regarding Practice Direction.

 

If you still wish to pursue me through the courts then I will require the following from you within the timeframe stated (7 days) for my defence in this court case.

 

CPR 31.14 Request

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents which should have been attached to your Particulars of Claim according to CPR PD 16 paragraph 7.3,: Furthermore, I, the Defendant seeks the same pursuant to CPR 18.

 

(1) The agreement.

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 paragraph 7.3, where a claim is based upon a written agreement, 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. Further, that any general conditions incorporated in the contract should also be attached.

 

2 The default notice.

 

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

 

I should like to express my gratitude to you in advance for you kind consideration and urgent attention to this communication.

I look forward in anticipation of your swift response

 

Yours Sincerely

 

Me

 

 

Cc. Company Secretary

 

OK, wish me well, let me know if that is alright, sorry I took so long.

Kind Regards

The Mould

 

I think I covered all of the info you have given me The Mould, and yes late night and july agreements cause silly mistakes thank you for pointing that one out x

 

Now just need to acknowledge the court, hows that go again?

 

Right I have to go offline now, kids and teas etc I'll be back on later tonight, prob around 9-9.30ish hope to catch up then x

 

 

Ps. obviously place your name and address on the top right hand side and send it recorded delivery (10. am special) and send a copy to the Company Secretary, do you know his/her name?

 

Kind Regards

 

The Mould

[The Mould]

Hello wish me well.

 

I see someone is taking the mick out of me again, I have not advised to not submit a defence, you are informing the court that you are not ready to provide a full response to the claim, I guess you know that anyway.

 

I do not know what that thing's beef is with me.

 

Well, I have edited your letter and I hope you are happy with it, you can make any amendments that you wish.

 

Obviously I have missed a bit of what has been going on on your thread, any ideas of what this thing is getting at?

 

 

Kind Regards

 

The Mould

[wish me well]

Hi there and good morning to you

 

I cannot believe that a cagger or two would ;)persue a fellow cagger who, it is clear to see has and is helping another! As I said above, yes vjoh82 did have a valid point and the fact that it was pointed out is and will always be appreciated but to try and nit pick through all of the invaluable info The Mould has provided and only find "one" tiny flaw I find just plain infantile. Thank you all once again and I do hope that The Mould and anyone who wishes to "help" a fellow cagger, not score "cheap points" continue to do so, all and any information is and will be clarified before being sent to the court or Halifax and to date The Mould has been 'spot on'!

 

Kindest wishes sent

 

wish me well x

Kind Regards

[wish me well]

Ps. obviously place your name and address on the top right hand side and send it recorded delivery (10. am special) and send a copy to the Company Secretary, do you know his/her name?

 

Kind Regards

 

The Mould

 

Ok how are you this morning?

 

I have replied to the pm and thankyou for the info

 

The letter above is fantastic as normal but I had a thought last night and want to know what you think about it....

 

The first letter I send is requesting the docs they are to rely on in court. Just so they dont know what I have up my sleeve, then the second 'superb' letter which I owe to your hard work fired off say six days after.

 

Hopefully they will have already complied with the first request and it will be too late for them to 'recreate' any of the documents they listed.

 

Also I am going to acknowledge the court online today, do I need to put I intend to defend and then wait and see if the Halifax with pull out of the court proceedings when they receive my second letter? or will there be anything on there that states I cannot admit nor defend until doc's are received for me to inspect? Dont know if you will be aware what options there are on the website but just thought I'd ask

 

Kindest wishes

wish me well x

Edited March 30, 2010 by wish me well
typo, again too many late nights.......yawn

[The Mould]

Hello there wish me well,

 

I am glad to see you are on-line.

 

I hope you are ok, are your little monkeys all looking forward to the Easter break?

 

I have made some entries on your letter (Your incredible letter that is). and if you need or want to make any amendments then go ahead.

 

Did you manage to get your acknowledgement sent off?

 

Well, let me know that you are alright, and if there is anything else that needs to be covered.

 

 

Take good care of all of yourselves.

 

Kind Regards

 

The Mould

 

Ps. Tea break time

[wish me well]

OMG HELP ME:eek:

 

I have just tried to file my acknowledgement online and it just keeps giving the message: Error The claim number is not valid, please try again

 

I have tried 7 yes 7 times and the same message keeps coming up, do I phone the court and see what is going on?

 

Arrrrrrrgh!!!!!!!!!!

[wish me well]

Panic over I was entering and o instead of zero.......dear me stress city!!!

 

It is done and I have put I intend to defend all of the claim now I am scared again

[vjohn82]

I cannot believe that a cagger or two would persue a fellow cagger who, it is clear to see has and is helping another!

 

I didn't pursue anyone... I was actually asked to look at this by another CAGGER because the information you were being given is wrong. I can pick out a large number of flaws in the letter you are sending and TheMould has committed a very common flaw of LIPs in that letter...

 

Furthermore, I made NO reference to any one person in my posts here. If I did that would be a vendetta I suppose but here I was giving you advice for YOUR case.

 

Some people cannot take criticism and will launch into insults when they realise they are wrong. I spend a lot of time helping people only for others to ruin it by making very simple errors (yet claim authority in the matter).

 

In your case you are making some horrendous errors and a certain person isn't helping.

 

I'll see how the case pans out from hereon but I won't be advising. Plenty of people who do not insult me have benefited from my help and criticism the same as I benefited from criticism. I just don't throw my toys out of the pram when I get something wrong.

 

Good luck.

[wish me well]

I didn't pursue anyone... I was actually asked to look at this by another CAGGER because the information you were being given is wrong. I can pick out a large number of flaws in the letter you are sending and TheMould has committed a very common flaw of LIPs in that letter...

 

Furthermore, I made NO reference to any one person in my posts here. If I did that would be a vendetta I suppose but here I was giving you advice for YOUR case.

 

Some people cannot take criticism and will launch into insults when they realise they are wrong. I spend a lot of time helping people only for others to ruin it by making very simple errors (yet claim authority in the matter).

 

In your case you are making some horrendous errors and a certain person isn't helping.

 

I'll see how the case pans out from hereon but I won't be advising. Plenty of people who do not insult me have benefited from my help and criticism the same as I benefited from criticism. I just don't throw my toys out of the pram when I get something wrong.

 

Good luck.

 

Thank you for your response and I did and always will appreciate all of the info given, I feel as a fellow cagger who's main reason for posting is to help others that the statement that you can find flaws in the letter I am sending and not pass this info onto me is not justified, all you have done is put doubt in the mind of someone who is struggling desperate and asking for the kind people on this site to help.

 

If you are quite happy to sit back and watch me fall flat on my face, if that is the case then I think you are not a very nice person as I could never do something that mean.

 

I do not want to upset anyone nor would I want anyone to deliberately upset me and am still a little taken aback with what you have just posted.

Thankyou very much for making my day even better than it was

 

kindest wishes

wish me well

[Dotty50]

I think if this were my thread, I would be concerned by your post vjohn82. (as in, who do I take advice from?)

 

Wish me well needs all the help available and if they are being given incorrect information, wouldn't it be better to advise where they are going wrong, in order to try and rectify it?

 

I know there are differences of opinions in the advice being given by the other poster on here but surely it is wish me well that needs the assistance now?

 

Although I am dealing with Halifax, I have no experience to advise on court issues.

 

Perhaps some more input from experienced Caggers would help.

[Dotty50]

Wish me well, check out the number of postings each Cagger has.

 

That may give you a bit more of an idea of experience, if you know what I mean.

[vjohn82]

Thank you for your response and I did and always will appreciate all of the info given, I feel as a fellow cagger who's main reason for posting is to help others that the statement that you can find flaws in the letter I am sending and not pass this info onto me is not justified, all you have done is put doubt in the mind of someone who is struggling desperate and asking for the kind people on this site to help.

 

If you are quite happy to sit back and watch me fall flat on my face, if that is the case then I think you are not a very nice person as I could never do something that mean.

 

I do not want to upset anyone nor would I want anyone to deliberately upset me and am still a little taken aback with what you have just posted.

Thankyou very much for making my day even better than it was

 

kindest wishes

wish me well

 

Sorry, if you want a shoulder to cry on perhaps someone else will do it.

 

If you are taken aback by my post then read my signature; if that's how it sounds then that's how it sounds.

 

I've no time at all for people who are not willing to put in the donkey work with their own claim. When you come up in front of a Judge and have to explain "estoppel" you will be found out believe me. You are being led down a garden path with complexities in contract law that take MONTHS of studying and legal training to even grasp.

 

You are a LiP... not a barrister. Being a LiP gives you such a big advantage in keeping matters simple. How can you ever expect to argue estoppel when you accept, without reason or rhyme, the words WITHOUT PREJUDICE on a letter pointing out the creditors flaws?

 

I'm not happy to sit back and watch someone fall flat on their face to be honest but my involvement, or lack of, will not make your claim have a higher chance of succeeding/failing.

 

Why? Because you are going to be in that courtroom arguing these points.

 

Ask the countless others on this forum that I have helped... check through the 2000+ posts that I have made in the course of about a year in doing so. Check the times I have been on. Check the number of courts cases I am ACTIVELY helping people with. Check the number of people I have ATTENDED court with from MY OWN free time.

 

Don't accuse me of being someone with no heart... what I posted was for your own benefit. Then you accuse me of stalking someone else??? Ask summerbreeze who asked me to take a look at this thread... they weren't even posting in the other threads that TheMould was involved in.

 

Then you come along to my OWN thread and rip into me?

 

Thanks!

[wish me well]

I think if this were my thread, I would be concerned by your post vjohn82. (as in, who do I take advice from?)

 

Wish me well needs all the help available and if they are being given incorrect information, wouldn't it be better to advise where they are going wrong, in order to try and rectify it?

 

I know there are differences of opinions in the advice being given by the other poster on here but surely it is wish me well that needs the assistance now?

 

Although I am dealing with Halifax, I have no experience to advise on court issues.

 

Perhaps some more input from experienced Caggers would help.

 

Hi Dotty50, thankyou for your opinion, I see you know exactly where I am coming from. I send kindest wishes

 

wish me well x

[vjohn82]

I think if this were my thread, I would be concerned by your post vjohn82. (as in, who do I take advice from?)

 

Dotty, this is the common trap of all CAGGERS and not one I can resolve. You take your advice from people who have been there and done it.

 

I have numerous court cases I have been involved in on the site and a number of claims where I have taken creditors to court.

 

I haven't lost yet. My experience, time spent here and scale tips speak for themselves.

 

Wish me well needs all the help available and if they are being given incorrect information, wouldn't it be better to advise where they are going wrong, in order to try and rectify it?

 

I tried and received criticism for it.

 

I know there are differences of opinions in the advice being given by the other poster on here but surely it is wish me well that needs the assistance now?

 

I agree, but then they should have thought of that before ripping into me on other threads where they should be concentrating their time on their own case.

[The Mould]

Hello people,

 

Where have I ill-advised wish me well, apart from the without prejudice part?

 

 

What are you talking about, If you are genuinely trying to help, then give whatever advice you think is needed if my imput is so useless.

 

Surely you should help wish me well, If according to some of you, I have not.

 

 

The Mould

[Dotty50]

It's very easy to be lulled into a false sense of security too IMO and I think this may be the case here. It is not a good idea to rely on one person, if as stated, incorrect information is being given.

 

My post 167 indicated who I would be asking for help from!

[summerbreeze]

I did ask Vjohn to look at this thread.

 

I was concerned as I always would be that an inexperienced Cagger was receiving very detailed responses from only one person.

 

I have been in the position of receiving advice [ not on CAG ] that proved to be imperfect and I made a very bad decision based on that advice.

 

Also I am fighting my own battles through the court and I know how stressful and frightening it is and especially for a first timer.

 

I took an interest in Wish me well as he/she is near my area. However I did not wish to start a war . I just wanted Wish me well to get good advice from those who have been taken to court and know the court procedures.

[vjohn82]

I've pointed out two fatal errors... estoppel and without prejudice.

 

Not needed... the OP cannot possibly be expected to argue the point in court.

[vjohn82]

I did ask Vjohn to look at this thread.

 

I was concerned as I always would be that an inexperienced Cagger was receiving very detailed responses from only one person.

 

I have been in the position of receiving advice [ not on CAG ] that proved to be imperfect and I made a very bad decision based on that advice.

 

Also I am fighting my own battles through the court and I know how stressful and frightening it is and especially for a first timer.

 

I took an interest in Wish me well as he/she is near my area. However I did not wish to start a war . I just wanted Wish me well to get good advice from those who have been taken to court and know the court procedures.

 

Exactly... and I offered advice here with the best intentions and WITHOUT naming ANYONE.

 

If anyone has caused a gripe here it is TheMould who has brought over issues that were dealt with in another thread.