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    • Applications for Summary Judgment are not awarded on who did or didn't do what......they cant get a default judgment on either as you have submitted a defence...they could get Summary Judgment.   Summary judgment is only awarded in the follow circumstances...   ·        A claim or issue or a defence to a claim or issue has no real prospect of success and ·        There is no other compelling reason for a trial. (CPR 24.2)   Summary judgment a Quick guide.docx
    • What I’ve read elsewhere (and from being in touch with someone who has won using the above argument - but who also notes that others have lost using the same argument- it seems to be dependent upon the court/judge) is that it is possible to win BUT I’m not entirely certain if it holds actual legal weight.    @dx100uk write a letter you say? To DBL or VCS?   something like this??;   I am writing in respect to the above noted County Court Claim issued by your legal team in connection to three separate Parking Charge Notices (PCNs) issued to vehicle registration mark XXXXXX. I was the named keeper of the vehicle at the time of the PCN issue but do not claim liability.   I wish you to note the following; whilst you may ‘think’ that you have adequate grounds to make this claim, the simple facts are that you have absolutely no right (in law??) and the evidence I have uncovered as a direct result of your claim, along with the evidence and wording contained in the communications you sent to me (dated XX August 2017) irrefutably show that you (Vehicle Control Services) have absolutely no claim in law.   Please be aware that should continue to pursue this claim not only will you incur your own costs but also costs that I will be claiming against you for bringing this unfounded and malicious claim which bears no legal weight whatsoever and is in breach of the IPC Code of Conduct (Versions 5 and 6).  Subsequently, I will be reporting you to the ICO for improper use of KADOE and to the IPC for breach of the Code of Conduct.   Yours faithfully,     Scans coming later.... 
    • Always looking for plan b -    the defence is short and poor and not laid out in the correct format - because I didn’t do it    but the points are the same just brief ,    would they have tried for summary judgement if I laid out a bigger defence - yes , they already put on allocation they would apply for one ☝️ n both claims -    they didn’t on claim one as I had a long defence , they did on claim 2 as defence small So did what they said they would do  -    they effectively want my defence struck out , to get a judgement by default , as there chances of winning in court are slim    maybe I include photocopy of that form and say they always were going to apply for this, they did not get to this point by my poor defence , I don’t have to bear their costs 
    • By appeal you mean set a side...the application fee would be £255 with a hearing (unless your exempt from fees )so you need to ask yourself ....would it be worthwhile..or better use the fee to pay off the judgment before its registered ?    The court wont accept your mistake and show any leniency.   Lesson learned for the future...19 days to AOS and a further 14 days to submit a defence = 33 days in total.    Sorry    Andy
    • Dear Bankfodder,   The Tribunal did not support overturning the fees on the basis of unfair terms. Galling though it is I am simply paying the unreasonable fees because given this clause there is no possibilitiy of a fair outcome. I am writing this post because it was by chance I discovered the litigation fee clause in the lease and what it means in reality (I pay the fees for the loosing party!) and I hope anyone who reads this may not be caught out.   I showed this lease to three lawyers and they did not spot the issue until I explicitly drew their attention to it and then exclaimed ... that's criminal! I have written to my MP to lobby for a change, the government are stating they are aware of the leasehold scandal and will change how things operate. Sadly this will be too late to help me win my case. 
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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

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Hi, Guys

 

Been reading this site for weeks now, so much interesting reading..:) Anyways sent off my first letter on the 14th August reqeusting my statements and including my £10 cheque. Recieved a letter today from HBOS plc saying the statements are on there way....cant wait:)

 

Thanks guys:p

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Well done - start getting ready for the next phase by reading how others have dealt with them and eventually got their money back.

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, Ive been reading and reading....I got my statements but mine go back to 1994, I know you can claim back beyond 6 years but has anyone else done it and do i claim it with my

 

Thanks guys

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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I am currently trying for more than 6 years and have included it all in the single claim mines only a small claim but there are others with larger claims doing the same thing you need to have a read through them.

:) 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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Thanks, it wont go over 2.5-3k I dont think but seens as ive got the statements I thought I may aswell claim......Ill have a search and read....:cool:

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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you can check my thread in my signature

:) 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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Ive been having a read and I cant seem to find much on people claiming for more than 6 years, Im thinking now if I should seperate it from my 6year claim.....anyone got any thoughts on this as Im sending out my first letter in Monday....Thanks guys

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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It worked for me one one account, but not on the second - and they were both raised at the same time. I assume that whoever dealt with the first wasn't paying enough attention, and the second one was dealt with by someone else (who was :( )!

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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  • 3 weeks later...

Well no response after first letter so sent the LBA in yesterday.....claiming the full 12years!!!!:D

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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  • 2 weeks later...

Hi Guys,

 

Just going through my moneyclaim and I have question

 

Do you want to reserve the right to claim interest? Yes or NO?????

 

Thanks guys

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Another thing has anyone else had no response from the Halifax through all there letters??, i havent had an offer or standard letter, nothing!!! oh well moneyclaim is now in..:)

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Yes to reserving the right to interest.

 

Dont worry about non aknowledgement from them, have you got proof of postage for your letters you sent in the past?

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HI,

 

Yes I have all reciepts for the recorded delivery, so no worries there..:)

 

Sean

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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OK guys just gone into money claim and it says issued 18/10/2006, under Judgement is a start link which is asking me if I want the Judgement by default or by Admission???? do I need to answer this now and is it by Default I reply...

 

Thanks guys

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Don't do anything with that! - it's for when the 14 days is up without a response from the bank

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 just checked online and my claim now says 'acknowledged' , does this mean they now have 28days??? and do I have to do anything yet?

 

Thanks guys

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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It goes to 28 days (since served) once they file to defend.

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 thanks, so does acknowledged usually mean they are going to defend?, or do they still sometimes pay before then?

 

Thanks

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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Sorry - just checked - 'acknowledged' has the same effect.

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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Ohhhh Ive recieved the court papers saying they are going to defend the whole claim!!.......still no mention of the fact Im claiming 12years worth of charges......so I take it I just wait now, do I get a questionaire from the court to fill in soon????

 

Thanks

 

Sean

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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From what I have read, they will say they are going to defend the claim but they never will - they will always pay up before the court date. I have done a LOT of reading on this site, and as far as I know the Halifax have never proceeded as far as court!:)

I'm interested to see that they haven't mentioned your 12 year thing! If I could claim back to when I was a student 12 years ago (constant overdraft charges!) I could probably afford a brand new car!:D

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The suspense for this is killing me, postie has been and nothing from the Halifax, oh well have to wait till tomorrow now....:)

 

:grin:

Halifax claim £2152 (LBA sent 4th Oct 06)

Halifax Money Claim entered 17th Oct

Halifax acknowledged on 18th Oct

Halifax make full offer 28th Oct.

 

 

Lloyds Claim request statements on the 5th October:D

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sorry for butting in but the same effect as what?

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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MOSES APOLOGIZES ONCE AGAIN FOR STUPIDITY:

sorry guys having such trouble digesting all this hence all the brain farts!: I didn't realise that I was at the end of page one when I posted the above thread soz:confused:

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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