jonni2bad v Halifax - Got the money but no default removal

[TANZARELLI]

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

 

See this and add your own documents ie all statements, letters to and from the bank and court etc

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Hope this helps

 

Tanz

[TashyMan]

Hi Jonni,

 

Came on here looking for info on how to claim all fees back (they have refunded one or 2 unpaid DD's over the years when i complained but i should have a few hundred to claim back.

 

Just wanted to say thanks for your input.....bit annoyed you didnt get the default removed...but thanks for keeping everyone informed.....People like you change the way people think and behave...well done

[jonni2bad]

Cheers!

[karaokeking]

Im new here, but just got to say waht a great read it was reading yr case. Keep up the good work, I have a few questions but i will post them in a different section.

 

Thanks

[karaokeking]

Im new here, but just got to say waht a great read it was reading yr case. Keep up the good work, I have a few questions but i will post them in a different section.

 

Thanks

[doo]

karaokeking, was it that good that you read it twice, lol.

[karaokeking]

Sorry, kept getting time out error so refreshed it a few times then came off as still had the same error....

[doo]

made me laugh, I thought I was the only one that did this, got to keep your sense of humour....

[Notty]

Sorry you didnt win Jonni2bad. I am going for charges and default removed with 2 credit cards. Has anyone actually had a default removed using that method? Also jonni2bad do you have a poc of claim for default removal, and reclaiming charges?

[jonni2bad]

I will send you a version by PM....

 

When you refer to "that method", so you mean making sure that the charges are still unpaid (not accepted) or do you mean by accepting any payment and proceeding with the default action separately?

[Glenn UK]

Sorry you didnt win Jonni2bad. I am going for charges and default removed with 2 credit cards. Has anyone actually had a default removed using that method? Also jonni2bad do you have a poc of claim for default removal, and reclaiming charges?

 

 

I have had adverse entries removed from my credit file along with a refund of unlawful penalty charges.

 

HTH

 

Glenn

[Notty]

Thanks for the reply and I would really appreciate the pm.

 

Sorry I wasnt very clear. I mean getting the default (hopefully) removed at the same time as claiming the charges.

[jonni2bad]

In that case yes - but nothing that has reached court- the cases I know of have been settled before a hearing...

[Notty]

Thanks for that. Would you mind letting me have the particulars of claim you mentioned.

[TANZARELLI]

I have had adverse entries removed from my credit file along with a refund of unlawful penalty charges.

 

HTH

 

Glenn

 

Who was that with Glen?

[martinpar]

Notty- I got my charges back and default removed from Natwest.

 

And I should give Jonni thanks. It's small compensation for him but it was only because of his experience that I returned the cheque as they didn't make any offer to remove the default. They sent the cheque back with confirmation of the default removal on the day I would have sought judgement.

[Notty]

thanks for that martinpar and well done. It does give you hope when you see someone else has beat them at their own game. Do you think you could pm me or post your pariculars of claim. I have asked for the default removal in my LBA but not sure what to put on the NI claim. Would appreicate it.

[martinpar]

Notty, can't find a copy of it at the moment. I'm sure I posted an early draft somewhere but I can't remember where.

[clanger]

Hi

 

Have been trying to find on the 'FAQ' section what it means when my bank says that they 'intend to contest jurisdiction'?

 

I've received the 'Acknowledgement Of Service' letter from the court with the details of my claim and, as i expected, they have put a cross in the box next to 'i intend to defend all of this claim' which i understand is the normal response, but they've also put a cross by No.3 which states 'i intend to contest jurisdiction'......................Is this the norm or have i fluffed my claim???

 

Thanks in advance for any reassuring comments

[martinpar]

I believe what they're saying is that they want it to be moved to their local court. Who are the bank? I have read that this is a common tactic of Citi.

[clanger]

It's A&L.

 

It's strange because i applied on my girlfriend's behalve at the same time for £2087 of charges to be refunded from A&L aswell and she received a cheque this morning for FULL payment, only 10 days after i did the MOCL.

 

What does it actually mean 'contest jurisdiction'???

[maybelline]

does anyone how to fill in the enforcement forms after judge has ordered payment? sorry but have asked on own thread and want to go in to court today to request enforcement as halifax clearly have no intention of complying with the court order at this stage

[missnataliemartin3383]

Jonni or anyone else for that matter!!

 

I am about to try and get my default notice removed aswell as the charges. I had already started to cliam the money when i found out that i had 12 months of defaults added to my CRF!!!!! The account was only in debit because of their charges!

 

Any advice would be gratefully appreciated.

 

Do i have to show them the defaults that are entered??? etc

Good luck all,

and Thanks

[martinpar]

Clanger- I can only assume the form has been filled by a junior who either didn't realise what he was doing or thought he was doing something else. I was wrong in my first assumption. It would seem that contesting jurisdiction means what you would think. I eventually found this from the HMCS website:

 

Defendant User Guide

 

Acknowledgment of ServiceAcknowledgment of Service

 

Responses should be filed within 14 days of service of the claim. However, if you need more time than this, filing an Acknowledgement of Service extends this total time for filing a response to 28 days from the date of service.

If you wish to file an Acknowledgement of Service, you should do so within 14 days of service of the claim form otherwise judgment may be entered against you. You may still be able to file an Acknowledgement of Service between 14 and 28 days from the date of service, if judgment has not already been entered against you, within this period.

You can also use this form to tell the court that you intend to contest the court’s jurisdiction. This means that you believe that the court does not have legal authority to hear the claim that has been made against you. Jurisdiction in this context does not refer to geographical location. For example, if you live in London and the claim was issued through Northampton, this cannot be considered as grounds to contest the court’s jurisdiction.

You can complete and submit an acknowledgement of service online or by filling out the acknowledgement of service form in the claim pack and faxing or posting it to the court.

 

I can't see how they can do this unless your claim was for a huge amount. You'll just have to wait and see if they put in an application disputing jurisdiction. I think it's very unlikely.

[martinpar]

Missnatalie,

 

Could you give us a little more information. Have you already successfully claimed the money back or hav eyou merely issued a court claim?

 

A default is not put on your file more than once for a given account. Once you have defaulted you have defaulted- you cannot default again. Do you actually mean default or are you seeing something else? A default is displayed as an 8 in the payment record, at least with Experian and I think the same with Equifax. If it is a bank account there should be no other entries. If it is a loan there will be a number for each month.