jonni2bad v Halifax - Got the money but no default removal

[jonni2bad]

Not yet resolved, no defence issued yet but my claim is for more than just the money, so maybe they are considering their options...

 

Served a Section 10 Notice on them yesterday (in relation to the DPA) and will be writing to their legal dept tomorrow to clarify my particulars of claim.

 

Maybe I'll have something more to add shortly???

[jonni2bad]

Received a letter today to say they are refunding the full amount. However, it's not case over yet.

 

They are refusing my request for a default removal, have forgotten to add daily interest since the issue (which is another £17) and have told me they will be putting the money in my account - the one that I don't have anymore!!!!

 

I will be paying a little visit to a branch tomorrow to check if I can withdraw the funds in full (if it's already in there) but I suspect the cashier will just tell me there is no access to it

 

The court case will continue though - they only have until Friday to submit their defence, otherwise I will be applying for "judgement in default" and will get it removed by court order.

 

We're nearly there folks

[mechs]

Received a letter today to say they are refunding the full amount. However, it's not case over yet.

 

They are refusing my request for a default removal, have forgotten to add daily interest since the issue (which is another £17) and have told me they will be putting the money in my account - the one that I don't have anymore!!!!

 

I will be paying a little visit to a branch tomorrow to check if I can withdraw the funds in full (if it's already in there) but I suspect the cashier will just tell me there is no access to it

 

The court case will continue though - they only have until Friday to submit their defence, otherwise I will be applying for "judgement in default" and will get it removed by court order.

 

We're nearly there folks

 

Good on you Jonni .........Now how does that song go

 

Jonni be good PMSL:grin: :grin:

[kazzaw]

Hang on in there mate!! ;-)

[chipsandsausages]

Rooting for ya mate.

 

You've really had to go to hell and back with your case, and I just can't wait for it to be all over for you.

 

Good luck. x

[kirky]

Looking forward to the weekend now. Football, beer and the Halif*x. Great stuff!

[jonni2bad]

Quickie update

 

I could indeed access the funds and withdrew the positive balance of the account this afternoon.

 

I will not post the remainder of events today until other matters have been resolved - but I've got the money!!!!!!!

 

:D :D

[callumsgran]

Congratulations, and best of luck with the rest of it! Good on ya!!!!

[caro]

Got everything crossed for you jonni. Will be thinking of you tomorrow.

[cat18275]

Thanks Jonni. You have given me renewed strength to keep on fighting!

 

Well done!

[maybelline]

well done jonni2bad, as has already been said, it is your money and we all no doubt could do without the extra stress and hardwork just to get our rights met properly:)

[mechs]

Quickie update

 

I could indeed access the funds and withdrew the positive balance of the account this afternoon.

 

I will not post the remainder of events today until other matters have been resolved - but I've got the money!!!!!!!

 

The wife and I are delighted to hear your news, Jonni! Bluddy well done and congratulations! and

All hail Jonni!

[mechs]

I forgot to add it even looks like your avatar

[Marilyn]

Well done Jonni n

 

CONGRATULATIONS

Good luck with the rest...especially that default, look forward to hearing how you get on

[jonni2bad]

I forgot to add it even looks like your avatar

 

I think it rather does

 

I will post further news on Monday - there's something big happening that would be best if not mentioned yet - but many thanks everyone for the congrats.

 

It felt very, very good marching into one of their branches the other day.

 

"How much would you like to withdraw?"

 

"Every bloody penny!"

 

"OK - and would you like to close the account too?"

 

"I think that's a yes, don't you?"

 

I took the banker's draft and gave new meaning to the phrase 'laughing all the way to the bank' as I made sure I got it into my other account just before 3.30pm

[caro]

OOh sounds good. Your public awaits....

[mechs]

We have to wait until monday awwwwwwwww, never mind will give us all something to look forward to

 

Good work m8

[Marilyn]

Jonni

 

You made me laugh....closing the accout, think that might be a yes dont you...lm going to be doing the same as soon as they pay up and oh l think they will, not the confidence now, whereas before l was a bit of a mess.....

 

Go get em Jonni!!!

[mechs]

Hey Jonni its Monday and we are still waiting !!!!!!!!!!!!!!!!!!!!!!!!!

 

Come on spill the beans man

[Marilyn]

Yeah Jonni

 

Come on dont keep us in suspense!!!!

play fair LOL:)

[caro]

I wonder if he is out celebrating somewhere. This really is 2bad jonni.

 

What's the news??

[jonni2bad]

I've been a busy bunny with this. There's plenty to write now, so sit back!

 

The offer letter dated 19th June, which arrived 20th, agreed to my claim for money (without liability etc), although they had conveniently forgotten the daily rate of interest which should have been a further £14.75

 

The request for removal of the default notice was denied, strangely because they considered it not to have had any relationship with the charges imposed...

 

Finally, the money was to be paid into an account to which I had no access. They had effectively closed my account 3 years ago after the default. Although this account was still operational in the repect that money could be paid in, I had no card, chequebook etc. Officially speaking, the account had a block on it.

 

I took advice on my next action and was told to see if I could access the funds.

 

The bank's solicitor phoned me on Thursday, just before I was about to go into a branch. She asked if I had received the letter and the money. I said yes to the letter, but then explained the above account problem, to which she seemed quite surprised - nothing new there then :o

 

When I queried the interest payment, she said it was an oversight and would be resolved. It hasn't been, by the way.

 

More importantly, when I asked why the default notice had no relationship to charges on the account, she told me that the department dealing with defaults had informed her that ALL of my charges had been incurred AFTER the date of the default. Had this been true, then she would have been right to deny the request. Unfortunately for her, the department had got it completely wrong and, in fact, EVERY SINGLE CHARGE that had been placed on that account had happened earlier than the default notice.

 

I explained that, because of this, it would have been fair to suggest that if the unlawful charges had never been imposed, I would have been £1300 in credit at that date. She was most surprised to hear this

 

She told me that she would therefore reconsider her decision and we were due to talk again later that day to make sure I had accessed my money (which I did).

 

I also made it clear that I would accept the money as a partial settlement only.

 

It was also just 1 day before a defence had to be submitted (Friday). She asked if she could have an extension in time, and I refused. Knowing that I could not seek judgment until Monday morning anyway, I told her that I would not take any further action until Friday, so long as a revised decision had been reached.

 

After further advice, I decided not to call back on Thursday evening.

 

On the Friday, she phoned me again, just before 5pm. She had ordered information from internal departments which would help her make an informed decision, and this would take time. I suggested the matter was far simpler - did the charges occur before or after the default date, and if before (as they did) would she alter her position? She tried to waffle her way through some explanation, but I was having none of it.

 

Once again, she asked if it "was alright if I write to the court to say you have agreed to an extension". Once again, I refused, very clearly. I told her that if she could have a decision by Monday morning, it would prevent me from continuing with my claim.

 

I called her back just before entering the court this morning (Monday) to see if they had revised their position. She told me that she was still awaiting information requested. When I asked if they payment for interest had been made, she said no. That was all I needed to hear.....

 

I then prepared a cover letter to the Judge, explaining that a partial settlement had been accepted, but my DPA request had been denied, and that the daily interest payment had not materialised, as promised.

 

THEN - when I checked with the court staff that no defence had been submitted late on Friday, maybe by fax, I was told no, but that an extension had been recorded :o When I queried what precisely this meant, he told me they had received a letter from the bank last week informing them the case had been settled in full, and then another (possibly by fax) on Friday stating that I had agreed to an extension to the 26th (Monday). I told him this was not true, that they had asked twice and on both occasions I had denied the request. A note was made to this effect.

 

I have now had further help preparing a letter for the Judge, which will be delivered as soon as the court opens tomorrow, making the Judge aware of the behaviour of the bank and their solicitor, asking also to refuse the request for an extension and to grant judgment in my favour.

 

So, there you have it - up until now anyway!

 

I'm sure more news will follow soon

[caro]

This is getting like the Whizzkid and Abbey thread. My perception of the legal profession is changing by the day since finding this website. How can these solicitors blatantly lie, and why don't they check their facts before they put pen to paper or even before opening their mouths. We feel the need to ensure we do everything by the book, be seen to be reasonable, etc in order to be taken seriously in court, and the banks and their solicitors are totally oblivious to the facts (apparently). I don't need to say it really, but stick with it Jonni. Justice will prevail.

[MARTIN3030]

Blimey what a story !!!

 

They really have tried to pull a fast one havnt they ?

 

We have been told many many times that asking the bank to withdraw the default is worse for them than refunding the charges.

 

Mainly because this can be considered as a first step to a claim for financial defamation...........something I think has got them terrified.

 

With Bated breath we all await the next episode looks like all the Halifax claimants are warching here and maybe the Halifax knows they are !!!

 

Whatever happens for you tomoz rest assured the interest here will be absolutely phenomenal !!

 

good Luck

 

[maybelline]

thanks for update, you are doing great!