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Sam_Lowry

Halifax/CL Finance 2 wrong CCJ's - cost me house/job/health - compensation?

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What a long and regretful story this is.

In April 2006 I paid £4200 viaphone to Halifax to settle 2 credit cards,

the money left my account and I thought no more of it as had been confirmed via my statement.

a couple of months later I received letters from a debt collection company wanting money for one of the credit cards

and then a week or so later I received another letter concerning money for the other card.

In both instances I contacted them and informed them that this money had been paid in full, t

oo which they informed me they'd investigate.

I heard nothing more for a few months and then it started again,

I again contacted them to inform the same that these two cards had been settled.

I then contacted my then bank manager who confirmed in writing the transaction had been completed without issue

and advised me to contact my banks merchant services.

This I did, took a couple of weeks but received a detailed report on the transaction, with a reference.

I forwarded the original (Kept a copy) to the debt collection company CL Finance in late2006 via recorded delivery and heard nothing more for a few more months,

then another debt collection company became involved Howard Cohen & Co in thes ummer of 2007

too which I explained and referred them back to CL Finance.

Long and short, this continued throughout 2007 and me writing to they with copy evidence of the transaction.

 

I called up Halifax credit cards as it was becoming clear that whilst CLFinance or their agents had copy evidence of the payment

it was no getting through to Halifax,

as said I called them with the 2 credit card account numbers.

I was politely informed on the phone that these 2 accounts had been closed and there was no debt on them.

Phew, finally I thought!

But no, I was informed that the debts had been sold on and I needed to speak to the collection company's.

This I had at length, so many times to no avail,seemingly appearing that Halifax was bouncing back any enquiry the debt collection was making.

 

Continued into 2008, then I received court notification via central clearing and eventually 2 CCJ's were issued against me,

there was no opportunity there from what I saw to make a court appearance and provide the proof I had on me,

a few months later in 2009 I started to receive bailiff visits.

I called the bailiff and told him what had gone on,

he immediately suspended visits and instructed me to proceed to court and take action in the small claims against CL Finance.

 

A few months later on the appointed hearing day in June 2010 their solicitor spoke to me regarding my case,

I explained all that proof of payment had been sent at least twice to CL Finance and Howard Cohen & Co and had got nowhere.

A rather fraught solicitor came back from making a telephone call to his client and in court it was revealed that CL Finance

had no knowledge of mycommunications to them and the result the judge ruled in my favour with a further hearing date pending.

A date was forwarded for that hearing a couple of months later

and at the final hour the court wrote confirming that CLFinance/Halifax had dropped the case and would not be attending.

 

Finally in October 2010 I received a letter from CL Finance/Howard Cohen confirming

the money had been found as was to be assigned to my accounts to close and all action had stopped.

Through one thing and another I wasn't able to communicate with Howard Cohen & Co until October of last year

(Had been seriouslyill and moved house) to confirm that everything had been closed and the 2 CCJ'shad been removed?

They informed me that this action would be undertaken ,however it wasn't.

I undertook a credit search on myself earlier this year and discovered they were still in place.

I again wrote to them earlier this year requesting an explanation and that they are removed

as having caused a greatd eal of trauma, inconvenience and hassle, plus helping to destroy my creditrating for 6.5 years now.

They've come back and said again that they would now be removed and they had written to the courts that day.

 

However, needless to say I'm disgusted by these events.

Halifax appeared tohave placed this money in some sort of suspense account and frankly closed the book

even when proof from my bank's merchant services showed clearly the payment and the transaction reference.

So I'd be obliged if someone would be kind enough to offer some considered advice to me as firstly I want a formal apology from Halifax to start with.

 

Many thanks in advance.

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WElcome along...sam [ i hope this is not your real name?]

 

small claims court and compensation from both Halifax & CL Finance me thinks

 

if this has involved refusal for credit/mortgages or higher int rates

 

you will be in for a VERY big windfall.

 

one guy not so long ago got over £30k. i think.

 

those with more precise knowledge will join soon.

 

i'll pull a few strings & alert people now.

 

dx


..

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Thanks dx100uk for your prompt reply.

 

Well the consequences for me were dramatic,

 

I'm self-employed and up until April 2006 my credit rating was Ok,

 

the banks were tightening up on small traders but I could get credit

 

however it had knock on effects later denying me access when the CCJ's appeared and making trading difficult.

 

And if honest it ultimately I believe resulted in me losing my house in early 2011,

which resulted in a back injury whilst having to move possessions from the house,

wasn't fit for work again until Sept of last year.

 

It's a sorry tale I know,

many will criticise me but I did everything I thought correct and was being pro active with the debt collection companies trying to get a resolution.

 

But they would disappear for a few months then come back and we'd start seemingly all over again.

 

Wanted my day in court which I believed would resolve this but wasn't granted that initially and was very distressing.

 

This also came off the death of my father in the summer of 06 and dealing with his affairs as well, no close family so was on my own.

 

Wasn't a good time and been a very long fight to get anywhere, I

 

'm thankful to the bailiff and not many times you can say that!

 

ven to clear my CCJ's has taken 2.5 years since the court appearance.

 

Not good.

 

Thanks.

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Sorry for the poor spelling and punctuation in my opening message, had proofed read it in Word and c&p'd and was all correct. Thanks dx100uk.

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you cant cnp from word

 

sadly you have to use a text based prog like notepad

 

else formatting goes out the window


..

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have changed the title and moved to legal forum.

 

i'll see if i can find that thread i was after.

 

back in a mo.

 

dx


..

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what the court did?

What happened when they dropped the claim?

Why did the Court not clear the Trust entry?

Was there set a side?


..

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Hi,

 

Can I ask, in 2008 when you say you received the Court notification was this the blue Claim Form etc or was this notice of a default judgment being award against you?

 

Thanks

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Sorry not been receiving updates to my remail so only now able to reply to:

 

Ganymede: Don't think so, letters were sent from bulk clearing Northampton I think notifying me, no option to counter claim and appear in court.

 

DX100uk:

When I took them to court and appeared in June 2010 the judge ruled in my favour having looked at my evidence,

dismissed their non prepared defence and sought a further hearing 100 days from that date.

 

A few days before the second hearing Halifax/CL Finance/Howard Cohen gave notifice that they wouldn't be defending and then 4 months the money was discovered.

 

The court entry must be because of the ill defence they gave and the need for the second hearing?

 

Once the money was found I made contact asking that the CCJ's be struck off, that was October 2010 and I was assured that they would be.

 

They weren't and still no satifactorary reason given as to why not when I enquired earlier in the year, response received last week?

 

Was set aside until the next hearing 100 days from the initial hearing but as said Halifax/CL Finance/Howard Cohen and declined the second hearing.

 

Hope this helps?

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Hi,

 

If you were served with the Court forms in 2008 why do you say that you had no chance to defend yourself?

 

Thanks

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Can't I'm afraid remember the colour of the paper Ganymede but was on a single page, no claim forms in there if that's any help?

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Yes that helps thanks. So you just received the default judgment by the sounds of it.

 

Odd though that you received that but not the Court forms.

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There was nothing contained that gave me a form to send back and initiate a defence. Hindsight yes should of called up the court, but still nieve I'm afraid.

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I thought it was an over and done thing, decision made and that was that!

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No other court forms! Non at all!!!! But viewed it was from bulk clearing and just a notification, no further letters from court received.

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Sorry not been receiving updates to my remail so only now able to reply to:

 

Ganymede: Don't think so, letters were sent from bulk clearing Northampton I think notifying me, no option to counter claim and appear in court.

 

DX100uk:

When I took them to court and appeared in June 2010 the judge ruled in my favour having looked at my evidence,

dismissed their non prepared defence and sought a further hearing 100 days from that date.

 

A few days before the second hearing Halifax/CL Finance/Howard Cohen gave notifice that they wouldn't be defending and then 4 months the money was discovered.

 

The court entry must be because of the ill defence they gave and the need for the second hearing?

 

Once the money was found I made contact asking that the CCJ's be struck off, that was October 2010 and I was assured that they would be.

 

They weren't and still no satifactorary reason given as to why not when I enquired earlier in the year, response received last week?

 

Was set aside until the next hearing 100 days from the initial hearing but as said Halifax/CL Finance/Howard Cohen and declined the second hearing.

 

Hope this helps?

 

sri if i read this wrong..

 

but it sounds like you fell for the usual trick of the claimant telling you they are discontinuing

then they go ahead.

 

you must always check with the court they are not lying?

 

dx


..

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Well I am beginning to think I should have, in a way I did by doing a credit search on myself. But one would have thought to of trusted them to do what they say to appease and correct errors made by them or their client which is what I requested? Evidentually not!

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Any updates as to advice? Am due to speak to Halifax tomorrow. Thanks

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Have a quick goggle for Durkin, or have a search on here, he has a thread on the subject.

 

You have full proof this was paid and the last 6 years of hell you have been through is their fault entirely.

 

You can claim 5K in the small claims court, but this may go up to 15k in April, so would keep your costs down. You need to remember that any action should be within 6 years or it may become Statue barred.

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Have the evidence from historic bank accounts and my former banks merchant services confirming the transaction back in April 06, they had site of this many times. Might have got to that point now with the 6 years but as it was only resolved in June 10 when I took them to court not sure?

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Yes sorry, as you have been contesting this for years it will be nowhere near Stat barred :)

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Thanks for clarifying that. Tomorrow's conversation will be just an overview of events I think, apparently they've no knowledge so have to refer them back to their collection agents to remind them... Be an issue for the New year now and getting specific legal advice. They have cost me as I assume they didn't talk to their agents as sold the debt on and had no interest? Which caused me many problems and my interests. Will advise as to how the conversations proceeds. Thanks.

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