Jump to content


jonni2bad v Halifax - Got the money but no default removal


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6153 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Jonni, there seem to be some common issues in our proceedings and it might be helpful if we compare pleadings. I will post the 6 legs of my Claim under my thread entitled Garry Refer Drawer Kettle, and make some further comments on that thread.

Link to post
Share on other sites

  • 2 weeks later...
  • Replies 340
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

re Jonni2bad and Halifax

 

I have just received from the Halifax statements following the usual struggle with them that appears to be experienced by all on this site.

It arrived by recorded deliverly (in the nick of time, for them that is) My question is about the interest, I am confused, we add interest when if we take it to court, but if they settle out of court, when do we get the interest back. Please helpe!!!!

regards

scarlett123

Link to post
Share on other sites

There are two parts to the interest involved in a claim. Firstly, there's interest that the bank charged you for being overdrawn - a portion of the interest charged on your account will be due to charges and can be claimed back from the beginning. The complex version of the spreadsheet can deal with this for you, as long as you fill it in correctly.

 

Secondly, there's interest on the money that the bank kindly held on deposit for you (in the form of charges and interest on charges). The court can award you what's known as s69 interest (at 8%) on the amount they 'borrowed'. Because the court awards it, it can only be brought into play when you raise your court paperwork and can't be taken into account before that. Again, the spreadsheet (simple or complex version) will work this out for you.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

Link to post
Share on other sites

re Jonni2bad and Halifax

 

I have just received from the Halifax statements following the usual struggle with them that appears to be experienced by all on this site.

It arrived by recorded deliverly (in the nick of time, for them that is) My question is about the interest, I am confused, we add interest when if we take it to court, but if they settle out of court, when do we get the interest back. Please helpe!!!!

regards

scarlett123

 

 

I can think of no greater sin than hijacking Jonni2bads thread.............:rolleyes:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Stealing my chocolate?

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

Stealing my chocolate?

 

 

So your not sharing it then ?

 

 

:o

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Visitors are most welcome :-)

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

Visitors are most welcome :-)

 

Ah bless. Thanks Jonni, nice to see you. :D

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Update time.....

 

Document bundles needed to be exchanged about now, and I'm very pleased to announce that the Halifax complied...

 

My bundle was;

 

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

INDEX OF DOCUMENTS

 

1. Correspondences

 

 

.....Date .......Description ..................................................................No. of pages

(A) 11-03-06 Letter: Data Protection Act Disclosure request to HBOS PLC - 1

(B) 19-04-06 Letter: Request for repayment of charges to HBOS - 2

© 02-05-06 Letter: HBOS acknowledgment of (B) - 1

(D) 05-05-06 Letter: Letter Before Action to HBOS - 1

(E) 12-05-06 Letter: HBOS response to (D) - 3

(F) 15-05-06 Letter: Decline offer of settlement to HBOS - 1

(G) 19-05-06 Letter: HBOS further offer of settlement - 1

(H) 23-05-06 Copy of County Court Claim form issued by Claimant - 1 (2 sided)

(I) Court Document: Notification of claim issued - 1

(J) 31-05-06 Court Document: Notification of Acknowledgment of Service - 1

(K) Copy of HBOS Acknowledgment of Service - 1

(L) 12-06-06 Letter: Data Protection Act Section 10 Notification to HBOS - 1

(M) 15-06-06 Letter: Further explanation of claim to HBOS - 1

(N) 19-06-06 Letter: HBOS offer of partial settlement - 2

(O) 26-06-06 Copy of facsimile to HBOS and ‘Message Confirmation Report’ - 2

(P) 26-06-06 Letter: Claimant to District Judge - 2

(Q) 27-06-06 Letter: Claimant to District Judge - 2

® 27-06-06 Letter: HBOS reply to (L) - 1

(S) 28-06-06 Court Document: Notification of Defence Filed by HBOS - 1

(T) 30-06-06 Letter: HBOS confirmation of receipt of (O) and payment to Claimant - 1

(U) 06-07-06 Letter: HBOS copy of Allocation Questionnaire - 1

(V) 16-07-06 Letter: Claimant to District Judge and Copy of Claimant’s

Allocation Questionnaire - 5

(W) 16-07-06 Letter: Claimant to District Judge - Reply to Defence - 1

(X) 20-07-06 Court Document: Notification of Allocation and Hearing - 1

 

2. Authorities

 

 

...........Description ...............................................................No. of pages

(AA) -- Copy of bank statements supplied by HBOS following (A) - 91

(BB) -- Copy of spreadsheet supplied with claim detailing specific dates

and amounts as requested for refund - 1

(CC) -- Data Protection Act (1998.) - 53

(DD) -- Data Protection Act (1998.) Schedules - 53

(EE) -- Unfair Terms in Consumer Contracts Regulations (1999) - 10

(FF) -- The Supply of Goods and Services Act (1982) - 13

(GG) -- Unfair Contract Terms Act (1977) - 9

(HH) -- Office of Fair Trading Report April 2006 (OFT842) - 35

( II) -- House of Commons Early Day Motion (EDM 2227) - 1

(JJ) -- House of Commons Select Committee on Treasury

Second Report: ‘Transparency in charging’ - 10

(KK) -- Report by Kendall Freeman on Liquidated Damages (May 2005) - 3

(LL) -- Case Law Reference: Dunlop Pneumatic Tyre Co Ltd

v New Garage & Motor Co Ltd [1915] AC 79 - 2

(MM) -- Case Law Reference: Alfred McAlpine Capital Projects Ltd

v Tilebox Ltd [2005] EWHC 281 (TCC) - 2

The Claimant will also make reference to the following case laws;

1. Murray v Leisureplay [2005] EWCA Civ 963

2. Wilson v Love [1898]

3. Lordsvale Finance PLC v Bank of Zambia (1996) QB 752

4. Bridge v Campbell Discount Co. Ltd. (1962)

 

 

A grand total of 318 pages weighing in at just under 2kg

 

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

 

And their offering was......

 

(1) A copy of statements in the form of an Investor Report

 

(2) A copy of a HBOS produced "CREDIT SCORING" booklet - 'How we work out wether we can give you credit and how to appeal if you are refused credit'

 

No, really, they did send that....

 

A copy of a HBOS produced "ABOUT YOU" booklet - ' Personal Information and Your Identity.. The Data Protection Act and how it protects you, How we use your Personal Information, How you can help us prevent crime'.

 

You think I'm making this up now, don't you?

 

A total of 96 pages, although I'm being generous here since some of them were actually blank.

 

Also, no references or page numbers, so I'm looking forward to them asking the Judge to refer to any part of these...

 

Quite frankly, I'm shocked at them. I can only guess that they included the two booklets (that have no relevance to the case) because they suddenly realised their bundle looked extremely 'light' on the actual bundle bit....

 

See you soon, Halifax.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

318 pages :o

 

I take it they allow fork lift trucks into court now then ?

 

;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

I thought I'd give their legal team something to read, since the Halifax don't seem unable to supply anything.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

They could at least have sent a copy of their complaints procedure.:p

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Jonni...if all this paperwork is causing you storage problems at home........maybe you should ask Abbey if they have the telephone number for their Microfiche guys ?

 

;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

you are doing really great jonni2bad - it is plain you know what you are doing and you are to be applauded:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

Link to post
Share on other sites

I have sat and read this thread as I am quering charges with the Halifax - but last correspondence was March 06! What is current position, suspense is killing me!!!!

 

March 6th - for you or me? My last correspondence was 20th August.....

 

We have exchanged 'evidence' for our court date of 19th September, although "exchange" is meant to be a 2-way thing, and I'm still searching their bundle for something that could be offered to a court...

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

Hi. I am getting confused with the "threads" sorry. So Halifax have refunded their charges but you are taking them to court with regard to the default notice. I have been reading up on default on the FAQ's - but don' really understand. Is it that if you default the bank in any way they put a notice against your credit rating?

Link to post
Share on other sites

Firstly, yes - they refunded every penny.

 

Secondly, a default notice can be served if the bank calls in an overdraft and you are unable to pay it back. It is very similar to a CCJ but they don't need permission from a court in order to place it.

 

It stays on your file for 6 years and is very harmful to your rating.

 

There is some terminology in the FAQs

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

UPDATE TIME.............

 

Case has been adjouned until Fri 10th November

 

"The estimate appears to be inadequate: the time estimate has now been increased to 3 hours."

 

And a new Judge too........

 

So, that means I won't have to interupt my holiday at Golden Sands on the 19th Sept - RESULT!!!!

 

Perhaps I gave them a little too much to read :-(

 

:D

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

I think you must have got the message across that you know what you are talking about and you mean business. Sock it to 'em Jonni.:p

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Good news for you Jonni...now they have something to think about!!

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

Link to post
Share on other sites

:o OMG.. I can't believe that your case is still ongoing!

 

I'd love to be a fly on the wall when you finally get them pinned down in a court :-D .

 

I can't believe how voraciously they've defended the Default notice, They clearly mean a lot and you get the feeling we must be missing something that matters a great deal to them when they are happy to pay out these sums of money but not complete an admin task to end a court case!

 

Good Luck and I can't wait to read the next updates!:p

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6153 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...