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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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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
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Never mind no news is good news- at least the interest is clocking up nicely!

 

Sean I sent the Halifax a partial acceptance letter stating I would be going after the 2 years over the 6 years(hope that makes sense!) which they say I'm not entitled to & reminded them of the increase in interest so I'm waiting till Friday 'cos that's when they have to defend by...........yawn yawn

 

 

Keep smiling :grin: any day now:grin: :grin: :grin:

:-| 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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Hey,

 

well Ive checked the account and they have paid in the 6 years worth of money!!!!! cheeky buggers, they only have till the 15th to defend or Im applying for default. I never replied to there offer letter as it said I have 7 days to reply if i accept there offer, well that has long gone!!

 

Do you think I should send a partial payment acceptance letter this late on??? or should I advise MCOL what they have done???

 

Thanks guys:grin: :grin: :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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OK Just called MCOL and they have put a note on the system to say what halifax have done.....

 

She mentioned my date for reqeusting default is the 21st Oct, so what happens after that, do the court contact Halifax to say pay up or what?

 

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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Hi Sean

 

brilliant news well done :grin: :grin: I wouldn't bother with a partial acceptance letter as I sent one on Monday & am tracking it through the post office web site & they still can't confirm delivery! the Halifax have to defend by Monday on the pre 6 years charges.......... I'll let you know:-)

I'm sure you'll have a great weekend though

:-| 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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Thanks, I wonder how long after you apply for deault judgement they will pay out?, Ill be watching and waiting for your update..:grin:

 

Have a good weekend

 

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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Just revieved a letter from the halifax saying that as the 7 days has elapsed for me to confirm im willing to settle they have gone and credited the original amount offered into my account!!!!

 

Cheeky buggers...:rolleyes:

 

Moses, Did you apply for default judgement??, have you heard anything else yet??

 

 

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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Hi Sean brilliant news you lucky jotter!

 

I'm panicing a bit now as I have tried to phone the MCOL helpdesk on 08456015935 from Spain & can't get through & my hubby has tried from England & is getting the dead tone as well & I wanted to let them know that the Halifax had paid some of the money into the account but not all.

I can file for default today(I've tried & it will let me) but am unsure of what to do in case I jeopardize payment cos the amount has changed.

 

I did write to Halifax as to accepting partial payment but the letter can,t be comfirmed as delivered so I guess they didn't get it but still haven't received a letter like yours & they haven't paid anything into the account.

 

The figure for years 7 & 8 (£1615) came to more than the 6 years so I guess they don't want to part with it without a fight!

 

Happy spending:) will let you know how things progress:o

:-| 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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Sorry moses, the letter only states they have payed in the original offer, not the full amount claimed, so I still in the same boat just cant file by default until the 20th Nov.........so have you reqeusted by default yet???

 

Good luck,

 

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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Oh! I thought for one moment the Halifax had used a bit of nous and just paid up!! should have known better.

 

I really don't know what to do as I don't know how the default thingy works.I don't want the courts to demand the Halifax pay me the full amount & then for them to say we've already paid some then the judge gets shirtie with me for not informing them & I lose out!! argh.................... !

:-| 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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Hi Sean,

 

just managed to speak to MCOL & they said just to go into default and it will ask you the amount you're claiming so you can amend the figure to reduce the part payment & include the interest upto date so here goes......

:-| 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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Hmmm so does that mean now they have paid in that part payment they cannot withdraw it????

 

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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Hey Moses,

 

Well I get to apply for default tommoz, did you apply for yours and hows it progressing????

 

 

Talk to ya soon

 

Sean:D :D :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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Hiya Sean how are you -

on tenderhooks I guess?!

 

Well yes I did apply for default on Wed(15th) and my claim now says a warrant has been requested from my court on Fri(17th):o :o :o

 

Let you know the outcome ( don't know if they can still file a defence or not) just sat on my court bundle with fingers crossed!

 

shouldn't be long now for either of us:)

:-| 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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Ohhhh excellent, a warrant!!! I wonder how long they get to respond to that....well I can put mine in tommorrow, cant wait...:)

 

Well have a good day and Ill speak to you soon.

 

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 Ive requested default judgement this morning for the charges applied after 6 years!!!...lets see what happens next....

 

 

Has anyone else applied for default judgement?? if so how long did it take before things started happening??

 

Thanks guys:grin: :grin: :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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Hmmm not sure if I did the right thing but Ive just gone onto MCOL and was given the option to issue a warrant so I did..:)....payed the money and its now issued...:)

 

Sean:D :D :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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I did the same a couple of days ago Sean- just wondering what happens next

:-| 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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My Warrant was issued on the 23rd Nov, does anyone know how long they have to pay, or if they can still file a defence now????

 

Thanks

 

Sean:D :D :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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anyone???, has anyone else issued a warrant??

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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hi Sean why is it that after you take a certain action (no matter how many threads you read) you find another thread that gives you more info or exactley the answer you needed before you took the action???!!!

You may want (or not) to read through cansters thread post I beleive DLA Piper are now acting as Halifax,s solicitors- they sound really scarry as I have been reading a lot of Abbey threads for when we claim my hubby's charges back & they used to be Abbeys solicitors!

Anyway I've heard nothing yet but I think it depends on when the warrant goes out to the bank as to when you will know if they will file a defence or pay up but not sure:eek:

:-| 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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Hi Sean it's gone very quiet either you're waiting patiently or you've got the dosh & are sunning yourself in distant clims!

 

Well I phoned the court in Halifax today & gave them the warrant number.The cheery chap on the phone said that they informed the Halifax on the 20th about the warrant & have given them the required 8 days which was up yesterday so they will be sending the baliff round by the end of the week!!!! maybe yours will be with it as I'm sure they must have a huge batch of them anyway will let you know what happens;)

:-| 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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Hey there,

 

No nothing yet, mine was issued on the 23rd, I called the court and they said it can take a couple of weeks, not sure what he meant takes a couple of weeks but Im still waiting...:)

 

Hope you r well

 

Sean:grin: :grin: :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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Hey there Moses ,

 

You heard anything else yet??, I think ill call the court again tommoz see if there is any more news....

 

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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Share on other sites

Hi Sean,

sorry I haven't got back to you before now but it's a bit silly here 2 bank holidays in 1 week & the schools off so everyone is in fiesta mood!

Well back on track now & I'm afraid to say that the cheery chappie I spoke to last week was either having a chuckle or telling downright porkies as I haven't had a sniff from Halifax - everything has gone very quite

How 'bout you?

:-| 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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