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jonni2bad v Halifax - Got the money but no default removal


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hi all i am at the stage of the AQ's and am going for charges and default removal and was just wondering what to put in the G other information part it is a N149 any help would be appreciated thanks

SETTLED CASES

LTSB (CC) £20 21-8-06

HSBC (CC) £600 19-10-06

HSBC (Ac) No.1 £1900 25-10-06

RBS (CC) £900 25-10-06

Smile (Ac) £1300 17-11-06

A&L (Ac) No.1 £400 23-11-06

A&L (Mortgage ERC) £3900 4-12-06

LTSB (Ac) £200 13-12-06

A&L (Ac) No.2 £120 19-12-06

HSBC (Ac) No.2 £650 29-12-06

LTSB (Business) £1700 13-2-07

RBS (Ac) £4500 + Default Removal 17-3-07

Barclays (Bus) Warrant of Execution 10-3-07 not used yet

ONGOING CASES

Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour

Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07

HSBC (CC) have failed to produce Credit Agreement

TO DO CASES

Egg (Loan)

LTSB (Ac Ltd Company)

LTSB (Loan)

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It's in the template guide...!

..

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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.

 

 

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

Sorry for my ignorance. but, what are unenforcable charges?

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Guest The Dam

Of coarse. Thanks v.much aardvark. I will be in touch again if poss?

 

A big apology for my blatant hi-jacking of this thread. New user. Props to J2B. Having read his thread from start to finish I am now one enlightened puppy. With a full idea of the kind of dedication you need to pursure these flagrant 'new age' tea leaves.

 

Congrats on yr win J2B. Don't let THE MAN get you down. I look forward to yr next installment.

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Of coarse. Thanks v.much aardvark. I will be in touch again if poss?

 

Start your own thread and no doubt you will receive help and support too.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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.

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  • 2 weeks later...

Hi jonni just a quick question about the court bundle and the provisional findings report - NI personal banking. do you add all 200 pages of this document or just part of it, any advice would be much apreciated as i have to send in the court bundle to the judge on the 6/12/06 for the case set for 16/1/07 thanks

SETTLED CASES

LTSB (CC) £20 21-8-06

HSBC (CC) £600 19-10-06

HSBC (Ac) No.1 £1900 25-10-06

RBS (CC) £900 25-10-06

Smile (Ac) £1300 17-11-06

A&L (Ac) No.1 £400 23-11-06

A&L (Mortgage ERC) £3900 4-12-06

LTSB (Ac) £200 13-12-06

A&L (Ac) No.2 £120 19-12-06

HSBC (Ac) No.2 £650 29-12-06

LTSB (Business) £1700 13-2-07

RBS (Ac) £4500 + Default Removal 17-3-07

Barclays (Bus) Warrant of Execution 10-3-07 not used yet

ONGOING CASES

Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour

Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07

HSBC (CC) have failed to produce Credit Agreement

TO DO CASES

Egg (Loan)

LTSB (Ac Ltd Company)

LTSB (Loan)

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No, just the sections we have found most useful so far - being 4.6 and 4.10

 

Include a note that the full "edited" report can be made available to the court if required, although the Defendant is likely to be in possession of a complete unedited version which it might wish to instruct them to supply!

..

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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.

 

 

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thanks for your response jonie

wile you are here would you care to look here and see what you think, it is on the last entry thanks.

SETTLED CASES

LTSB (CC) £20 21-8-06

HSBC (CC) £600 19-10-06

HSBC (Ac) No.1 £1900 25-10-06

RBS (CC) £900 25-10-06

Smile (Ac) £1300 17-11-06

A&L (Ac) No.1 £400 23-11-06

A&L (Mortgage ERC) £3900 4-12-06

LTSB (Ac) £200 13-12-06

A&L (Ac) No.2 £120 19-12-06

HSBC (Ac) No.2 £650 29-12-06

LTSB (Business) £1700 13-2-07

RBS (Ac) £4500 + Default Removal 17-3-07

Barclays (Bus) Warrant of Execution 10-3-07 not used yet

ONGOING CASES

Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour

Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07

HSBC (CC) have failed to produce Credit Agreement

TO DO CASES

Egg (Loan)

LTSB (Ac Ltd Company)

LTSB (Loan)

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although the Defendant is likely to be in possession of a complete unedited version which it might wish to instruct them to supply!

 

I do like your style! :lol:

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

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Advice given is purely my opinion, and is not based on any legal training.

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Yes, it's Matalan, don't you know.... :-)

..

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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.

 

 

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No, just the sections we have found most useful so far - being 4.6 and 4.10

 

Include a note that the full "edited" report can be made available to the court if required, although the Defendant is likely to be in possession of a complete unedited version which it might wish to instruct them to supply!

 

Whilst 4.6 and 4.10 ae very good, there is also some useful information in the main report so I would recommend taking the time to read it all and perhaps include the entire document.

 

For example:

 

4.237 We note that there are additional administrative costs for the bank in managing a customer in unauthorized overdraft. The banks must have the people and systems in place to make the necessary decisions. For example, it may require manual intervention to decide whether to honour a cheque, and to return it unpaid if necessary. In addition, unauthorized balances are likely to pose a greater risk of bad debt to the bank. However, as set out in paragraph 4.170, we think it unlikely that costs could account for the observed levels of unauthorized overdraft charges, both because the detailed costs are not known by the banks, and because the substantial changes in charges that we have seen are unlikely to correspond to similar changes in costs.

4.238 The banks told us that they sought to avoid customers incurring unauthorized overdraft charges. Their objective was to foster a positive customer relationship and increase customer satisfaction so as to maximize the possibility of cross-sales.

Nonetheless, the banks’ business plans that we have seen rely on unauthorized overdraft charges for generating PCA revenues. In addition, the incidence data set out in paragraph 4.116 shows that whilst some customers may be able to modify their behaviour to avoid incurring charges, a significant proportion go repeatedly into unauthorized overdraft and are likely to continue to incur charges, whatever their level.

 

And:

 

4.285 In 2005 the eight banks in total earned £167 million from providing PCAs, which represents nearly 8 per cent a year average increase since 2002. During this period the clearers experienced a growth in revenue of over 5 per cent on average a year whilst the non-clearers experienced growth of 19 per cent on average a year.

4.286 On average the banks earn more than half their total income from NII on credit balances, over 40 per cent from charges and 5 per cent from NII on debit balances.

In 2005 the eight banks earned £92 million from NII on credit balances, £66 million from charges and £8 million from NII on debit balances. On average, the clearers earned total revenue per active account of £175. The non-clearers earned significantly less (total average revenue per active account of £116).

4.287 We asked the banks for their breakdown of the charges income, but they had difficulties in allocating their revenues consistently. We sought, in particular, to understand the importance of unauthorized overdraft charges as a source of income for the banks as a whole. Although there is some uncertainty surrounding the estimate, it was clear that unauthorized overdraft charges are a key source of income. Based on the information provided by the banks, it appears that the eight banks earned £31 million in 2005 from unauthorized overdraft charges, representing 47 per cent of all charges. This is likely to be an underestimate because the analysis

from some of the banks allocated no income to unauthorized overdraft charges. We 187 estimate that a more realistic figure for 2005 might be around £35 million, representing over half of all income from charges.156

In 2005 the eight banks in total earned 45 per cent of the total income earned from the provision of PCAs directly from PCAs.

Therefore we can assume that:

45% of total income of banks from PCA’s

40% of income from PCA’s from charges

50% of income from charges are unauthorized overdraft charges

So around 9% of banks income from unauthorized overdraft charges.

Theres a lot more useful info so it is worth a read.

HBOS Plc - £9,954.65 Received partial settlement - Court 6/12/06 default removal / compensation / declaration

MBNA - Settled in full £2,377.33

Abbey National - MoneyClaim filed 26/06/2006 £883.90

Lloyds TSB - Claim Filed 11/08/2006 £2,630.00

Egg.com - Claim Filed 11/08/2006 £1,393.60

GE Money - Claim Filed 11/08/2006 £965.22

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  • 2 weeks later...
Court proceedings issued today....

 

Bank charges £2024.00

Interest on charges £661.92

Court costs £150.00

Total £2835.92

 

plus daily interest of 59p until settlement...!

 

Particulars of claim include the removal of a default notice, hence the court costs being £150 and not £120.

 

Got to court quite late today, so the member of staff told me they might not be served until tomorrow.

 

In a (self proclaimed) moment of celebrity status - I think I'm the first person to make a claim against the banks at Mansfield County Court. Can I go on Celeb Big Brother now?

 

Hi jonni2bad how did you word your POC i too want a default removed from crap one but not sure what to put in POC. Do you have a copy of this and couldd you popst it so I could poss crib a bit?

 

Thanks in advance

 

Tanz

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Answered on your thread.

..

.

 

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.

 

 

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how do you stop a threatened default - 24 Dec -deadline (sorry should this be a new thread)

'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

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Hi Maybeline,

 

Do you have a thread of your own?

 

Are you making a claim against the bank for unlawful charges?

 

How much is the default?

 

How much are you claiming back in charges?

 

If you are claiming back charges you can let the bank know that the account is in dispute and that processing the Default Notice before the dispute has been resolved will put them in breach of Section 13.6 of the Banking Code and in breach of section 14 of the Data Protection Act.

HBOS Plc - £9,954.65 Received partial settlement - Court 6/12/06 default removal / compensation / declaration

MBNA - Settled in full £2,377.33

Abbey National - MoneyClaim filed 26/06/2006 £883.90

Lloyds TSB - Claim Filed 11/08/2006 £2,630.00

Egg.com - Claim Filed 11/08/2006 £1,393.60

GE Money - Claim Filed 11/08/2006 £965.22

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hi a question for jonnie2bad i am in the proccess of a claim 3 weeks into the allocation questionnaire and they have offered 30ish% now then i am also going for default removal if they eventualy offer the full amount should i refuse it untill the default is uplifted and should i accept the 30% as part payment or not

thanks very much for your help

SETTLED CASES

LTSB (CC) £20 21-8-06

HSBC (CC) £600 19-10-06

HSBC (Ac) No.1 £1900 25-10-06

RBS (CC) £900 25-10-06

Smile (Ac) £1300 17-11-06

A&L (Ac) No.1 £400 23-11-06

A&L (Mortgage ERC) £3900 4-12-06

LTSB (Ac) £200 13-12-06

A&L (Ac) No.2 £120 19-12-06

HSBC (Ac) No.2 £650 29-12-06

LTSB (Business) £1700 13-2-07

RBS (Ac) £4500 + Default Removal 17-3-07

Barclays (Bus) Warrant of Execution 10-3-07 not used yet

ONGOING CASES

Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour

Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07

HSBC (CC) have failed to produce Credit Agreement

TO DO CASES

Egg (Loan)

LTSB (Ac Ltd Company)

LTSB (Loan)

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FWIW CB

 

IMHO you should refuse any offer which seperates the money from the default otherwise you could end up in the same position as J2B.

 

In respect of the offer, I would suggest you write back and say 'thank you, can you confrim that this offer is a part payment against the full claim including default removal.

 

Its unlikley they will reply in the affirmative or at all.

 

JMHO

 

Glenn

  • Haha 1

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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thanks for that it is what i thought but just needed to have it seconded

thankyou

SETTLED CASES

LTSB (CC) £20 21-8-06

HSBC (CC) £600 19-10-06

HSBC (Ac) No.1 £1900 25-10-06

RBS (CC) £900 25-10-06

Smile (Ac) £1300 17-11-06

A&L (Ac) No.1 £400 23-11-06

A&L (Mortgage ERC) £3900 4-12-06

LTSB (Ac) £200 13-12-06

A&L (Ac) No.2 £120 19-12-06

HSBC (Ac) No.2 £650 29-12-06

LTSB (Business) £1700 13-2-07

RBS (Ac) £4500 + Default Removal 17-3-07

Barclays (Bus) Warrant of Execution 10-3-07 not used yet

ONGOING CASES

Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour

Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07

HSBC (CC) have failed to produce Credit Agreement

TO DO CASES

Egg (Loan)

LTSB (Ac Ltd Company)

LTSB (Loan)

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that is the norm in about 3 weeks time you will receive halifax's defence allong with an allocation questionnaire from the court

good luck and hold tight you are about two and a half months away from the court bundle stage

SETTLED CASES

LTSB (CC) £20 21-8-06

HSBC (CC) £600 19-10-06

HSBC (Ac) No.1 £1900 25-10-06

RBS (CC) £900 25-10-06

Smile (Ac) £1300 17-11-06

A&L (Ac) No.1 £400 23-11-06

A&L (Mortgage ERC) £3900 4-12-06

LTSB (Ac) £200 13-12-06

A&L (Ac) No.2 £120 19-12-06

HSBC (Ac) No.2 £650 29-12-06

LTSB (Business) £1700 13-2-07

RBS (Ac) £4500 + Default Removal 17-3-07

Barclays (Bus) Warrant of Execution 10-3-07 not used yet

ONGOING CASES

Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour

Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07

HSBC (CC) have failed to produce Credit Agreement

TO DO CASES

Egg (Loan)

LTSB (Ac Ltd Company)

LTSB (Loan)

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and what is the court bundle stage as i am at the same stage here

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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Hi Maybeline,

 

Do you have a thread of your own?

 

Are you making a claim against the bank for unlawful charges?

 

How much is the default?

 

How much are you claiming back in charges?

 

If you are claiming back charges you can let the bank know that the account is in dispute and that processing the Default Notice before the dispute has been resolved will put them in breach of Section 13.6 of the Banking Code and in breach of section 14 of the Data Protection Act.

 

hello kevcam, thanks for your reply, the default is a separate issue not related to my unlawful charges claim against halifax but what you say is still very useful to me. would I be right in thinking the account is in dispute from the time of sending the prelim letter, rather than the Data Protection Act requesy.

 

sorry, yes my thread is maybelline v halifax

'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

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Thread Locked

because no one has posted on it for the last 5045 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

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