Halifax and Notice of Legal Action

[citizenB]

Hi, Thanks for that andy. Strange thing arrived through the post today. A credit card statement for this account, but it was terminated last November. Any Ideas ?

Not had one all year then this

 

Also it includes £300 court charges

 

When was the statement made up to ? I agree with AO, unless there is something hinky going on.. no judgment has been made yet ... so how can they say you owe them court costs ?

[mevsthem]

Hi, As far as I can see it says cc statement 5th Oct and says payment due 1/11/2010 for full amount. No new tranactions and no interest.

It also has B1 after my acc number for some reason.

Total due is balance + £300 which they are trying to claim in court costs.

[mevsthem]

Hi, Had another letter today from the idiots saying they advise me that they have now obtained judgement and the sum is payable forthwith.

It goes on to say if I do not pay under the terms of the judgement they might go for a charging order, attachment of earnings or warrant of execution.

Are they for real ? Think they should reply to my defence first !

[AndyOrch]

Wow they have been busy all that achieved in 11 days and without your involvement:madgrin:

So in theory by the time you get your AQ they will have gained a Charging Order and sought application for the sale of your home:lol:

 

Issa Issa baby.

 

 

Regards Mev

 

Andy

[middenmess]

Had another letter today from the idiots

 

You seem to have the measure of them!

[mevsthem]

Hi, Not heard anything back from the idiots, defence was filed 1/10/10. I know they have 28 days to reply to my defence, but that would take it to 28/10/10. How will I know if the case has been stayed ?

Thanks

[AndyOrch]

Ring Northampton and request the status.

 

Regards

 

Andy

[mevsthem]

Hi, Just a quick update. Received a letter today from idiots stating the following.

 

Dear Sir/Madam

 

As you are aware we have commenced legal action under claim number xxxxxxxx. After careful consideration, we have decided not to pursue the matter through the court system. Although we shall no longer pursue you for the balance outstanding on the account, please note this does not diminish your liability for the debt.

We trust this brings the matter to a satisfactory close.

 

yours faithfully

Idiots

 

Well would you class this as a win situation ? Comments appreciated

[middenmess]

I'd put it down as a victory for common sense rather than a total 'win' for you.

 

It's possible that they'll flog it on and you'll have grief from low life DCA's in the future.

[DonkeyB]

Did they send a proper notice of discontinuation? Check with the courts to make sure they have received one.

 

Without that, it hasn’t officially stopped!

[babydoll0141917]

Great News!! you hav the same CCA has me ..!! looks like they are Invalid after all !!

[AndyOrch]

Hi Mevs on receipt and conformation of the NoD you now need to prepare a wasted costs order in your favor.

 

Regards

 

Andy

[mevsthem]

Hi, Did try ringing Northampton a few times last week, was waiting from 18th in a que when I got to 1st after 30 mins the phone just went dead. Will have to try again next week. I was ringing because I filed my defence in the beginning of october and as yet I have not received AQ. Obviously this is now past the 28 days in which they had to reply to my defence.

I must try again next week. Who would issue the NOD, would it be Northampton ?

Thanks again for all the replies

[DonkeyB]

The claimant issues the discontinuation. Write and demand a copy. Get working on those costs – £9.50 an hour, plus postage etc.

[mevsthem]

Hi DonkeyB, What hours could I possibly claim for ? Never had this situation before. Could you possibly advise please

[DonkeyB]

Well, time researching your case and the law on CAG, time writing letters, paper, stamps, time walking to the postbox... anything you’ve incurred defending yourdelf. Like your last posting... call it ‘research’. You are an LiP, so would be expected to have to research the law.

[mevsthem]

Hi, Thanks thats brilliant. Is there a kind of limit as to how many hours, If I was to include the hours Ive spent researching on cag I would probably end up being a millionare.

thanks again

[DonkeyB]

Top whack £300 I reckon!

[AndyOrch]

Originally Posted by andyorch

IN THE xxx county court

 

 

B E T W E E N:

Claimant

-and-

Defendant

 

DEFENDANT’S BILL OF COSTS

The Claimant commenced proceedings in relation to an agreement regulated under The

Consumer Credit Act 1974.. The proceedings

constituted relitigation and were an abuse of process. The proceedings were defended and

the Defendant applied to the court for an order that the proceedings be struck out.

At all times the Defendant was a Litigant in Person within the meaning of Litigants in Person

(Costs and Expenses) Act 1975 and time spent by the Defendant is charged herein at an

hourly rate of £9.25.

The nature of the case being one of relitigation required the Defendant to spend time in

locating and examining the documents and other papers which related to the proceedings

The Defendant was obliged to spend time in considering and understanding numerous strands

of law including the law of consumer credit, the law of limitation and practice and procedure in

the county court which he achieved through internet and library research.

The Defendant was obliged to spend time in drawing his defence and application to strike out

in a way which complied with the relevant rules and practice directions of the CPR.

.

The following is a statement of the work done in the course of the proceedings. Where there is

a charge for time spent, the amount of time recorded as spent represents the Defendants fair

estimate of the amount of time spent by him

Claimed (£)

1 Date

Particulars of claim

2 Date

Acknowledgement of Service

3 Date

Defence

4 Date

Defendant's Notice of Application

to strike out

PAID: court Fee £75.00

 

5 Date

Hearing of Defendnt's application (vacated)

6 Work Done

Receiving and considering the Claim Form and Particulars of

Claim (3 hrs) £27.75

 

Acknowledgement of Service (1 hrs) £9.25

Research regarding consumer credit law, law of limitation

law regarding relitigation (15 hrs)

Preparing Defence (4 hrs)

Preparing application notice (4 hrs)

Research regarding CPR

Research regarding detailed Costs

Preparing bill of costs

time spent in telephone calls, letters and emails

written and received (4 hrs)

Summary

Costs payable by the Claimant

Disbursements (court fee) £75.00

Total costs payable by the Defendant £

 

Dated:

Signed:

 

 

Regards

 

Andy

[mevsthem]

Many thanks andy its much appreciated. Going to ring Northampton tommorow to see what the situation is

thanks again

[mevsthem]

Hi, Finally got through to Northampton and they say they have recieved Nod. I asked them if I will also receive a NoD and they said the letter I recieved in post #83 would class as notice of discontinuation.

Just need to start a wasted costs order as per andy's post

thanks again everyone

[DonkeyB]

Excellent. Well done.

[mevsthem]

Hi, A small donation has just been made as a thank you for all the help so far