jonni2bad v Halifax - Got the money but no default removal

[jonni2bad]

Welcome aboard.

 

My letter to the District Judge, along with my response to their defence and the AQ ar all being submitted on Monday.

 

I will post them here afterwards.......

[mechs]

Fingers crossed for you Jonni m8

[henrysdad]

Jonni, have you included in your Claim the request that the charges be declared unenforceable?

[jonni2bad]

That wasn't part of my claim, although we are seeking standard disclosure - not only to speed up the likely retreat of the Halifax in this case, but also, should they have the bottle to defend in court, that Judges up and down the country might be tempted to do the same in other cases.

 

You never know, we might just be lucky...

[henrysdad]

I have included it in mine though I am uncertain how a Judge will deal with it if the financial claim has been settled. However, it would need to be answered if there is a claim as in your and my case that we want to make sure that there are no defaults about. My point is that if there were no default leg to the action then I think the Court may refuse to rule - could be wrong about that though.

 

I actually used my own wording to include internal Halifax records as well as external Agencies.

[jonni2bad]

Going back a little, I issued a letter to their legal team, but held back form posting here at the time. Now that all the paperwork has been entered into court, I'm happy to post away.....

 

AQ submitted today, by the way.

 

*****************************************

 

XXX

XXXXX

XXX

 

15th June 2006

 

HBOS PLC

Legal Services - Retail Division

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

Ref: County Court Claim No. XXXXXXX

 

Dear Sirs

 

Following my recent claim in the County Court, I would like to offer further explanation of my Particulars of Claim, part 5(d) - removal of prejudicial information passed to third parties and in particular, the removal of a default notice posted on my credit report.

 

Under section 14 of the Data Protection Act 1998, a Court has the authority to order the removal of inaccurate data. It is my belief that HBOS PLC entered details of this default solely due to the level of unlawful charges imposed on my bank account prior to November 2003, specifically that the default amount was the sum of £742.00 and the level of charges was £2,024.00

 

Further, under section 13 of the Data Protection Act, it is possible to claim for compensation for failure to comply with the requirements of section 14. Whilst not part of my existing claim, I shall retain the right of further action under this clause in the future, should I see fit.

 

I will elucidate these points, where necessary, via the Allocation Questionnaire should you wish to proceed with a defence.

 

If you wish to settle this matter without further involvement by the Court, then please respond in writing to the above address stating your acceptance of my claim in full and without additional conditions. If the full amount is paid, by way of personal cheque, and the default notice is removed from my credit files, then I will write to the court and bring my action to an end.

 

 

Yours faithfully

jonni2bad

 

***************************************

[mechs]

After that letter I cant understand why they dont just comply with your request

[henrysdad]

jonni2bad, that letter reads very well. Still nothing from them on my Claim since they acknowledged the Claim to the Court.

[MARTIN3030]

After that letter I cant understand why they dont just comply with your request

 

 

Well he makes clear that the compensation issue will be/could be raised at a later stage so they know theres possibly more to come.

 

Looks like its going to be an 11th hour settlement.

 

If it is settled out of court then they do of course have the option of asking Jonnie what figure he is looking for to solve the compensation issue now.By removal of the default of course it then opens the door for further action Jonnie knows this and so do they.

 

Clearly they havent got much else to do,and as he points out he has got the laws behind him.

 

Everyone is watching

 

[becka]

This has to be the most exciting thread yet!!

 

So ... is there a latest installment or do I have to be kept here in suspenders:D ???

[caro]

This has to be the most exciting thread yet!!

 

So ... is there a latest installment or do I have to be kept here in suspenders:D ???

Don't say that to Jonni or he will be over excited. We are all still waiting.

 

Hey Jonni - what's going on?

[jonni2bad]

We have a court date!!!!

 

19th September at 2pm - Mansfield County Court

 

THE GLOVES ARE OFF

[caro]

Woohoo at last. Even longer to wait though. grrr;)

[MARTIN3030]

We have a court date!!!!

 

19th September at 2pm - Mansfield County Court

 

THE GLOVES ARE OFF

 

 

September ?

 

Talk about waiting.............

BTW Jonnie...any feelings about the letter ?

The one which refers to default

 

 

[Marilyn]

Go Jonni Go!!!!!!!!!!!!!!

 

Good luck mate although your not really gonna need it......

 

this is like a long running serial cant wait for the next episode!!!

[simong6]

good luck matey!!

[jonni2bad]

...

BTW Jonnie...any feelings about the letter ?

The one which refers to default

 

 

 

You'll have to remind me... my brain is in holiday mode

[MARTIN3030]

You'll have to remind me... my brain is in holiday mode

 

 

Post 81........

 

Its a talking point on quite a few other threads across the site.

I think people are wondering if it will effectively do the job ?

[jonni2bad]

Ahh - all is clear again!

 

I sent that letter only because it was considered that my Particulars of Claim had not been expansive enough in relation to the issue of the default removal. If the particulars go into enough detail, then such a letter would not be required.

 

In short, I didn't include enough information to start with, so had to make up for it with a letter which could then be referred to in court if necessary.

[MARTIN3030]

So I take it one could not have the default issues dealt with by an online claim ?

To do so would need separate action at a county court ?

[henrysdad]

Martin, I submitted my Claim through the local Court and included a paragraph specifically on removal of any default as well as any other deleterous information held internally or with outside agencies.

 

They have paid the value of my Claim into an account they have denied me access to and Halifax have said that they will inform the Court that the Case is settled. I have written to all parties to say that it is not settled in any respect. My thread is under "Garry Refer Drawer Kettle"

[MARTIN3030]

Ah thanks very interesting........I will have a read on your thread

 

[jonni2bad]

So I take it one could not have the default issues dealt with by an online claim ?

To do so would need separate action at a county court ?

 

If a claim involves anything other than JUST money, then it cannot be made online. The default issue can be addressed in the same claim as the refund of charges, but must be issued at your local county court. The fee would be £150 if the charges total was less than £5k.

 

The important thing is the wording - I am currently working on the particulars to (hopefully) have something 'templated' that could be easily adapted.

 

Henrysdad - they did exactly the same to me! Then they lied to the court and told them I had given permission for an extension of time to defend. Nice people, don't you think?

 

Don't get into any conversation with them - let the court steer you from here on in, and double check what they might have told the court too!

[MARTIN3030]

Thaks for the explanation Jonni

 

Just one more question regarding this.

The entries on the credit file have been (and usually are done by Dca after they have bought the debt from the bank.)

 

Therefore is the action to have it removed directed at the bank ?

Since they defaulted but did not have the entries made.

 

Is it the case that the court can order the bank to withdraw the default and so make the adverse credit entries invalid ?

[jonni2bad]

I'm not sure if the DCA have the 'power' to instigate a default without going through a court - I would be interested to know if they can - but would have thought it more likely that the bank would be the only one who would have defaulted the customer. Typically, even when a DCA handles the debt, the bank is stil in control of events.

 

This would be different if the debt was actually sold of course.

 

If the DCA have actually defaulted anyone, then separate actions would be required.