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    • that was a good saving on an £8k debt dx
    • Find out how the UK general elections works, how to register to vote, and what to do on voting day.View the full article
    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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scared stiff!!! ** WON **


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Hi there guys... :)

 

 

Yeah, Im a bit terrified too to be honest. Im just about to send off my first preliminary letter asking for my charges back (£1481). On one hand I'm annoyed at myself for being so bad with my finances, but also at the bank for taking full advantage of this. I'm a bit terrified at the mo of even making the first step, but its about high time to stand up to these organisations.

Good luck to everyone who is in the same boat, I'll start a thread once I get the hang of these forum thingies :)

 

Best Regards guys n gals

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Hiya & welcome

Yes it is a bit scarey, but the more you read the more you will understand what you are doing,

Make sure you stick to your time-table, if you get stuck with anything ASK, this way someone will guide you along your way, to getting your money back.

Once you set your own thread up, try to keep it updated, so we can see how your getting on, ok.

you will get offers from the bank, you dont have to accept them, remember its your money & you want it back...dont you? yes you do:-)

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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Thanks Angi :D,

 

I've just started my own thread and will keep it updated with my progress. Also keen to help out in anyway for the cause.

...once i've got my footing ;)

 

Still busy reviewing all the faq's. Quite a lot of info to get through, but well worth the read :)

Hoping to get the proverbial rolling tomorrow :)

 

Best Regards

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There really is nothing to be frightened of.you stick to you timetable as per this site.The bank then gets the idea that you know what you are doing realises that it might be from this site (the advice that is) and knows you have thousands of friends willing to help you and thay know they have already paid thousands of your friends their money back.patience and no need to panic.Regards Nigel

HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

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Have got a few questions. Can I fill in my court form by hand, not to good on the pc, Also, I couldnt do the spreadsheets so I sent a printed list with all the charges, dates etc with my LBA. Will I be able to do that with the court claim, if so how do I work out the interest?

Sorry to be such a div!!!!!

*Hayley*;)

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Guest bluecloud

You can access a copy of the N1 from the templates library.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

To file at the County Court you need three completed copies of the N1 and three copies of the schedule of charges. Not forgetting the appropriate fee of course. :)

 

The interest is tricky to calculate without the spreadsheet as it relies on knowing the exact date of the charge so the number of days can be worked out accurately. You need to know the number of days.

 

If you're willing, PM with the list and I'll send you a full schedule complete with interest. I'm on a bit of a high today as I've just won so feel like doing something benevolent. :D

 

 

.

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Help, I sent my LBA off on tues 25 th Oct. I have got a letter from Halifax today, 28th which says,

 

Sorry you have had to take the time to write to us regarding this matter, blah blah

I have passed your concerns on to our customer relations dept. Your concerns will be dealt with asap.

 

 

Is this standard? Do I keep to my 14 days deadline for Small claims? Please reply someone.

*Hayley*;)

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It's easy to say don't be scared, but really, after you have gone through this a little way, you start getting a bee in butt over what the Halifax did to you, we are about to file the claim with the court, so hopefully this nightmare will be over soon! Although they did send me a letter saying they would not pay and threatened to close the account if i did not run it properly!

Don't worry, its all good!

Do I dare say it might be worth coming clean with husbands/wives with charges and loans? I don't i could cope without the support of my husband.

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Thanks Have been feeling confident I'll get my money till now. My mums very " oh no its all a con, you wont get any money". Am planning on giving her some money IF my claim comes through. Well, they have just over a week to make me an offer otherwise, I'm claiming the 8% in my court form too. Wish me luck.

*Hayley*;)

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Hi Hayleytin

Help, I sent my LBA off on tues 25 th Oct.

Did you not bother with the prelim letter and just started with the LBA?

 

Steve

Claim against Halifax for £2236 plus interest.

 

04/09/06 - Requested statements via phone quoting Data Protection Act. Charged £5.

14/10/06 - Statements arrived.

17/10/06 - Prelim letter sent giving 14 days.

23/10/06 - Received letter dated 19th Oct confirming receipt of prelim letter.

31/10/06 - LBA sent recorded delivery. Signed for 02/11/06

02/11/06 - Phone call with offer of £675 - thanks, but no thanks.

03/11/06 - Letter received conforming offer. Replied with an "accept as partial settlement" letter.

13/11/06 - MCOL - £2236 + 8% interest £417 + 49p per day :D

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Ah, oh well - my LBA goes on Tuesday :D

Claim against Halifax for £2236 plus interest.

 

04/09/06 - Requested statements via phone quoting Data Protection Act. Charged £5.

14/10/06 - Statements arrived.

17/10/06 - Prelim letter sent giving 14 days.

23/10/06 - Received letter dated 19th Oct confirming receipt of prelim letter.

31/10/06 - LBA sent recorded delivery. Signed for 02/11/06

02/11/06 - Phone call with offer of £675 - thanks, but no thanks.

03/11/06 - Letter received conforming offer. Replied with an "accept as partial settlement" letter.

13/11/06 - MCOL - £2236 + 8% interest £417 + 49p per day :D

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Ok, divvy mode again. My court form, where it says about my solicitor. I had one for my mortgage, so I've got one to use. What do I do. Give them a call before I send the court form in, what will they charge etc. I am useless at this sort of stuff. Have the mind of a 10 yr old when it comes to this!!! Heeeeelp.

*Hayley*;)

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No, ignore the solicitor part - you don't want to be getting the cash from the bank and handing to straight to them - especially as you've done all the work so far!

 

(btw - LBA going out in the post tommorrow :))

 

Steve

Claim against Halifax for £2236 plus interest.

 

04/09/06 - Requested statements via phone quoting Data Protection Act. Charged £5.

14/10/06 - Statements arrived.

17/10/06 - Prelim letter sent giving 14 days.

23/10/06 - Received letter dated 19th Oct confirming receipt of prelim letter.

31/10/06 - LBA sent recorded delivery. Signed for 02/11/06

02/11/06 - Phone call with offer of £675 - thanks, but no thanks.

03/11/06 - Letter received conforming offer. Replied with an "accept as partial settlement" letter.

13/11/06 - MCOL - £2236 + 8% interest £417 + 49p per day :D

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Hiya

You dont put anything huni, your not using one. & It will be ok with the courts, so dont worry.:rolleyes::)

Your court paper/papers when filled in should be looking a bit like this:

 

Claimant

Your name & address

Defendant

Banks name & address

1. The Claimant has an account xxxxxxx with the Defendant, opened xxxx 2.

Since xx/xx/xx the Defendant debited charges and interest in respect of

purported breaches of contract.3. Defendant is aware of all details, as a list

of charges has already been supplied. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law.5. Claimant claims: (a) return of the amounts debited of £xxxxx. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.7. Costs allowed by the Court. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xx/xx/xx to xx/xx/xx of £ xxxxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.00p

Human Rights – No

Solicitor – No

Don’t forget to sign & date

the red xxxx are for your details, If you need me, PM me ok ;)

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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Quick question. Mt sisters claim is over £4000. Wheh she has to take it to small claims she doesnt want to add on the 8% as it will go above £5000. She hasnt got much money and has been saving so she can get the £120 to make the claim. Does the £5000 count as the claim before or after the 8%?

*Hayley*;)

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I would still put it through with the 8%. Otherwise, you've lost the opportunity to claim it back.

Regards

 

 

S

 

 

Halifax PLC - £607 - SETTLED IN FULL

Halifax Card Services - £1142 - SETTLED IN FULL

 

MBNA Europe - £842 - SETTLED IN FULL + INTEREST!

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Got a letter from Halifax today, an offer of £660. My claim is for £3654, so am thinking, hmmmmm, no.

LOL, I've just been offered £675 :)

 

Pick a number - any number :D

 

Steve

Claim against Halifax for £2236 plus interest.

 

04/09/06 - Requested statements via phone quoting Data Protection Act. Charged £5.

14/10/06 - Statements arrived.

17/10/06 - Prelim letter sent giving 14 days.

23/10/06 - Received letter dated 19th Oct confirming receipt of prelim letter.

31/10/06 - LBA sent recorded delivery. Signed for 02/11/06

02/11/06 - Phone call with offer of £675 - thanks, but no thanks.

03/11/06 - Letter received conforming offer. Replied with an "accept as partial settlement" letter.

13/11/06 - MCOL - £2236 + 8% interest £417 + 49p per day :D

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