Cythare Cooper V Halifax Bank ** WON **

[cythare cooper]

Thanks Jonni and Andybhoy! I'll phone tomorrow.

 

Andybhoy, regarding your questions my; claim has been made in London, England. I had requested judgment to be made immediatley as Halifax had failed to respond to my Notice of Issue. The court sent confirmation of my request, dated 27th October, saying that judgment had been refered to the District Judge for directions. I was then sent a copy of the 'Judgment for Claimant (in default)' dated 31st October. Addressed to the Defendant it read: You have not replied to the claim form. It is therefore ordered that you must pay the claimant £918.74 for debt (and interest to date of judgment). You must pay the claimant a total of £918.74 by 31st October 2006.

 

Such lovely words! I just had to share them. I'll keep you posted.

[cythare cooper]

...I rang the legal dept of Halifax today and spoke to a Jamie McGill. He said that my claim was not listed with the other bank charge claims. I gave him Halifaxs' reference number regarding this claim, the name of my bank manager and the customer relation manager who had written and offered me a partial payment. He said that he would find out what had happened by contacting these people as he couldn't authorise a payment without the paperwork. Also, that he would ring the court. He wouldn't give me a time scale on when he would call me. I told him that I would apply to instruct the court baliffs to seize goods from Halifax if I did not hear back by the close of business today. He didn't get back to me. I guess I have to apply to the court on Monday morning.

 

They are certainly making me earn my own money!*%@x!

[cythare cooper]

I rang Jamie McGill in the legal dept this morning to, hopefully, avoid the hassel of going to the court for an enforment of judgment order. He had established that my case had been listed only as a complaint and that no payment could be made without the paperwork and that he would need to investigate my claim when he did see any paperwork. I asked him if would make the payment the Judgment has ordered once he saw the documents. He said the judgment had been made in default (implying it wasn't a valid judgment and open to question) and couldn't say when he would get back to me. I rang the court and they confirmed that because Halifax had defaulted they now have to pay and I should enforce that.

 

I faxed through all the documents this morning. He is now out to lunch. I think I will have go to the court now and apply for that enforcment order.

[jonni2bad]

Stop waiting for the bank to decide what to do. You need to take hold of the matter, contact the court and enforce the Judgment by way of bailiffs. There will be a small cost (totally recoverable) but they are giving you the run around and stalling on a court order.

 

Take control.

[cythare cooper]

I'm feeling quite disheartened by all this.

 

I tried one last phone call to Jamie McGill. He said he had to confirm if I was entitled to the charges that I was claiming. I pointed out that my account is computerised and access would surley be very easy for him. Also, the Judgment had been ordered in my favour. He said that if it could be proved I was entitled then Halifax would pay. He still wouldn't give me a time scale so I told him that I would be seeking an enforcement order today. He said that is what I said on Friday, to which I replied that I thought it might of been simpler to talk to him on the phone to sort this out but, infact, it had become more complicated. Additionally, it is the only course of action left to me as Halifaxs' left hand isn't sure what it's right hand is doing! He said that he could ask for the Judgment to be, I forget the exact word, overturned. He is free to do that, if he chooses. I certainly hope he doesn't!

 

I went to the court and the nice man there told me that the Halifax could ask for the Judgment to be (I've forgotten that word again), overturned. Basically, he will proberbly drag this out for as long as possible.

 

I have the form for the Request for Warrent of Execution but I feel like I'm the one they are going to say no to!!

[Tinkerbelle]

set aside is the word you're looking for!!!!

[cythare cooper]

Just read your post Jonni. I read a post somewhere where they got into a dialogue with the bank and got paid out.

I'll take control.. I'll fill the form and deliver it in the morning. Thank-you!

[cythare cooper]

THAT'S IT! Thanks Tinkerbell!!

[cythare cooper]

ADD MY CASE TO THE WINNERS' LIST!

 

Just got home to a voice mail from Jamie McGill telling me that he was obliged to credit my account the total I had claimed and he has! Fantastic!

 

Thank-you everybody who made this possible!

 

Next stop, the donation to The Consumer Action Group.

 

Chow for now.

[Didge]

Well done you!

Only just started - still waiting for my statements - but every ending like this keeps me from being too scared to act.

Have a good Christmas:D

[cythare cooper]

This topic was closed on 03/07/19.

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