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    • Hi All, I've just had the inevitable N24 and other paperwork arrive. I've read other examples on here and I think I understand the steps to follow. I have until the 28th May to return the N180 Small Claims Direction Questionnaire, I also have an N244 Application notice copy. I read an update on a case you kindly put a link in for me to read. Turns out they lost in court and are now struggling. I really don't want to get to that stage and am thinking mediation may be the way forward? Thoughts please? Pretty sure I've missed the 7 days to have the order set aside.  For reference, this is what I received: Dated 8th May Before Deputy District Judge Baker sitting at the Civil National Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH   The Court will deal with the application to lift the stay without hearing under CPR 23.8(c)   It is ordered that:   The Application to lift the stay and for direction questionnaires to be issued is granted.   Because this Order has been made without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. If the application is one which requires a hearing, and   a) the party making the application is the Defendant; and b) the Defendant is an individual,   then upon the filing of the application the claim will be transferred to the Defendant's home court. In all other cases requiring a hearing the claim will be transferred to the preferred court.  
    • no ftmdave ive not emailed at ceo level..i did not know you could do that....but i will do now, thanks. ive just been wasting time emailing to customer complaints department
    • Dx, I've now blocked out and attached a copy of the letter that I'm responding tonight.
    • You mention that Iceland have been useless, and that has been our experience too in other cases. However, have you escalated to CEO level?  https://www.ceoemail.com/s.php?id=ceo-9061&c=Iceland Foods-Chief Executive If not, it has to be worth an e-mail.  Mention immediately, first line, that you are disabled and have been a victim of disability discrimination on the part of the shop's agents. The idea may fail miserably, but nothing ventured ...
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ocharged v halifax ***SETTLED IN FULL***


ocharged
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Still nothing,what they tried to do was knock some money off saying that I was not entiled to anymore,but they agreed to pay court cost that I didnt have to pay so it balance out and if I agree to take it which I have I get a little bit more if you see what I mean.

:p
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Hi Ocharged

CONGRATULATIONS YOU'V DONE IT

I am at the excact same stage as you my case was deemed served on 26th oct they have until the 9th to respond took my papers back to court today asked if there was anyword from halifax she told me to phone back after wed as they have until then.does that mean if they don't reply do i definently win.

PS.i received a letter from them on sat offering £3039 have sent letter refusing it, to late anyway as it is in the hands of the sheriff now.Hope you have a great time spending your money.:) :) :)

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Hi Ocharged,

 

just logged back in after a couple of days offline.....

 

:D :D Congratulations!!! :D :D

 

That's great news. They took the best part of a week on my account to get the money actually in the bank. Don't be too hasty in sending letters/emails accepting all and sundry conditions as they may use that against you in any further claims.

 

You are entitled to a settlement with NO conditions attached.

 

I simply rang and asked when the money would be available, they said they couldn't check so I told them I could not advise MCOL that the case was settled and was concerned that we would cross the date for AQ's to be completed, costing a further £100 which would be added to my claim.

 

Hours later.....hey presto.

 

Good luck and hope you get your cash soon (ps, is it a porsche of a ferrarri?)

 

lol.

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Please someone,still no money in account my husband has lost his patiance with them and is going to ring them,he`s so ****ed off with them and he`s a fiesty glasgow lad,he will lose his temper I just know it,he might blow the whole thing.HELP PLEASE.

:p
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If he is rings them just ask them if the claim has been sorted out & when you will be paid, remind them that they will need to pay a daily interest & it is in ther interest to get it settled as quickly as possible, also remind them that you haven't canceled with the court & you could still carry on with the claim through the court.

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thanks Julie,he`s read this and is going to call,they were given to the 9th to put in a defence and they have acknoledged claim,so do I fill in the a/q when the court sends them or what?MY FIGHT IS STILL GOING ON.

:p
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Hiya Ocharged

 

Get on the phone, tell them they have less than 24 hours to credit your account, if they dont you will ring the court 1st thing in the morning...be a bit nice ok coz they like nice, it makes them feel all powerful hahaha Go on get on that phone....

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Guest bluecloud

Give the bank the time they said they would need.

 

Do not contact them at all.

 

If they fail to credit your account as promised it can be used as evidence should the claim end up in front of a Judge. It would be worth getting a statement to prove that the credit didn't happen within the timescale promised.

 

If they fail to file the defence before they are required to and they fail to credit your account then you can default the claim. Don't forget that a defendant gets 14 days to acknowledge a claim. The period before defaulting is extended to 28 days if they notify the Court that they intend to defend the claim. So just watch out for this.

 

The Allocation Questionnaire is usually sent by the court if the claim is over £1500 AND the defendant has indicated that they wish to defend the claim.

 

Try to remain as patient as possible. Your refund is now potentially so close you can probably taste it.

 

 

.

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OCharged,

 

They said 7 days didnt they? I have said to you already that you do need to wait these 7 days, like you give them 14 days to reply to your letters, they have now given you a timescale and I would be very suprised if Halifax do not stick to it personally....you need to be patient, there is nothing more I can say than what Bluecloud has....

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Relax, oc, and tell your hubby to relax too!!! Stressing yourselves out will not make any difference to them.

 

You're as good as there now. You WILL get your money, but dont expect them to drop everything just to give you back your cash - they'll do it within the alloted time they have given you.

Lets get started!

 

Halifax Current acount

 

23/08/2006 - Data Protection Act Request letter sent

15/09/2006 - Prelim letter sent - Claiming £843

28/09/2006 - Telephone offer of £500 :rolleyes: - declined

29/09/2006 - LBA sent

08/11/2006 - Courtclaim filed

 

 

Halifax VISA account

 

23/08/2006 - Data Protection Act Request letter sent

29/09/2006 - Prelim letter sent - Claiming £99

08/11/2006 - LBA sent

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Hi Ocharged (and ocharged's husband),

 

Take a deep breath........

 

 

Take another.....

 

 

Count to ten......

 

 

Take a deep breath.......

 

 

Take another.......

 

 

Count to ten......

 

 

Repeat until calm.

 

 

Ok, the advice above is all spot on. They have said they will pay you and they will, the fight IS over and you have won. I know that the waiting is more painfull now than at any other time in your case/contact with them (I've been there remember), but YOU HAVE WON!!!!

 

For either of you to lose your rag now will get you nowhere....fast.

Your feelings of annoyance will benefit no-one by being vocalised on some poor bugger who has to answer the phone for a living. That individual person is not sat there making you wait, nor did they take the money out of your account in the first place.

 

If those feelings cannot be controlled then you should absolutely not call them and should sit on your hands and wait for them to pay up (It's a standard part of the pay-out letter to give a timescale for payment. sometimes 7 days, sometimes 9 etc. Are you sure they did not state this somewhere?).

 

If you can maintain your cool for the duration of a phonecall, bear in mind my comments above and do the following.

 

Ring them on customer relations tel no (from your last letter), calmly explain that you are awaiting a payment to your account, can they tell you when it will be applied. They are unlikely to be able to do this so your next step is to politely say that as the funds have not yet been paid into the account, you are unable to inform the courts of the settlement and fear that if an AQ (Allocation Questionaire) is sent out before the payment has been made this will increase the cost to them by another £100 (court AQ fees). Be calm, pleasant and genuine it will get you a lot further than otherwise. The final thing to do, is to ask them to check and ensure that the daily interest declared in your court claim, is being added to their settlement amount EACH day until it finally lands in your account. They will likely end the call by saying they will try and chase it up for you.......and if you have followed my advice they most likely will do.

 

If you choose to do this then I advise you do it in the morning, just after 9am so they have time to act before the weekend. If you ring at night it's unlikely anyone will be there for them to talk to to get anything done anyway.

If nothing has been done before Monday mid-day then post back and i'll have a re-think.

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Hi ocharged try and stay calm i know it must be hard, at least you know you have WON we are feeling very anxious now as said earlier we are on the same time scale as you case deemed served 26 oct can you tell me what happens now regarding court as 14 days are up tommorrow phoned court today they haven't heard anything from halifax,also if you reply refusing there offer as full and final payment but accepting in principle do they pay out the offer this may be a silly question but have asked anyway.hope you get your ££££££££££ soon.

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