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jonni2bad

jonni2bad v Halifax - Got the money but no default removal

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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

 

I take it you have submitted a claim?

 

If so have you used MCOl or the N1?

 

If you havent started a claim then you need to submit a claim on the form N1 and include a specific reference to the removal of the default.

 

If you have started a claim and have used MCOL then i am not sure how to deal with this, MCOL is for monetary claims only. i am not certain if you can change from mcol to N1 and suspect you might be too late.

 

If you are looking for a reference my particulars of claim for the removal of charges and a default are on my thread Glenn Vs Abbey

 

HTH

 

Glenn


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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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'???

 

Are you or the defendant in Scotland by any chance?

 

Basically if you are, then you can file in the English courts but you need an English address for the service of your papers i believe.

 

More info required to be certain though

 

Glenn


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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1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

b) the removal of any prejudicial information which the Defendant bank may have passed to third parties in relation to the Account and in particular the removal of the Default Notice registered with any credit reference agency which was notified to the Claimant on or around [date], since this was caused solely by the level of disproportionate penalty charges. The Claimant’s request is made under the Data Protection Act 1998, section 14, which gives the power to the Court to order the removal of inaccurate personal data.

c) Court costs;

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

……………………………………………………………………………………………….……………………………….……

NOTES ON ABOVE - Not to be included in the Particulars of claim

1. Enter account number

2. Enter date(s) of account opening and, if necessary, account closure.

3. Enter sum for charges total

Section 1 - “[has] [had] an account” - remove the unwanted option

Section 2 - “the Account [has been] [was] operating” - remove unwanted option

Section 5 - [date] Enter date that you were made aware of the default notice.


..

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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 jonni2bad.

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... 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

 

As per above posts, I think you may be referring to "late" markers on you file, but you can still request that these are removed if they were in relation to the level of charges. Same remit as default removal....

 

Amend letters and Particulars of Claim accordingly so that they just read "...the removal of any prejudicial information which the Defendant bank may have passed to third parties in relation to the Account"

  • Haha 1

..

.

 

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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Hi,

 

just needed a it of advice here... have sent the LBA...twice now to give them a good chance!! The last one was sent recorded, so no excuse for not getting it. Still not received a reply, and the 7 days is up tomorrow. Do i phone somone to ask what's going on or just wait? And who do i phone..the person that signed the initial 'no you can't have your money back' letter??

 

Also is it a good idea to get professional help, as i really wouldn't know what to do if i have to actually go to court!! I have the small claims pack, but it's double dutch to me!! Would i get the solicitors cost's back if i won?

 

HELP!!!

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Hollyandjess, it would be surprising if they made any effort to pay up before you start legal action. The main point of going through the request/lba letters is so that, if it got to court, you could show you have been reasonable in trying to settle without using the legal system. There's no point in phoning.

 

 

You have already been too generous by sending two lbas. You must now issue a claim. If you look there are plenty of examples to tell you what you should do and how you word it. There are example particulars of claim in the templates library. Just vary them to match your particular situation.

 

It is not generally advised to use a third party because it's so simple to do yourself. Most claims will never reach the court stage. Issuing the summons is usually enough. They have to know you're serious. They only hang it out because they know a percentage of people will never go through with the threat.

 

There are plenty of people on here who will help you with every step, so don't worry.

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HollyandJess,

 

MartinPar is right, I didn't know what I was doing when I first started this but reading other threads and all the FAQ's etc will help you greatly. The court bit is dead easy.

 

I suggest you start you own thread and post queries there which relate to your particular claim - then you'll get the help and support you need.

 

Smel :)


HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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Hollyandjess, there's two pieces of good advice for starters, try and give as much info as possible when you start your own thread with respect to background, where your case is up to, and templates used. Bear in mind, this site is anonymous, so be sparse with the dates of any letters sent.

 

Then, try and attract some of the regular users of the site, read up on as much as possible when they point something out, and use as many 'tried and tested' templates as you can. There are lots of people on this site who have been in the same boat and come out the other side, who understand exactly how you feel.

 

Use the search feature as with any site, and look out for N1 (initial claim), Allocation Questionaire and Court Bundle.

 

These may help in the next stages.

 

You can do this!

 

Tide

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hollieandjess,

 

Have a look at this:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

also this:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

This is a useful thread to have a read:

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Above all as tideturner says don't worry, the best advice is read, read then read some more. If your not sure ask questions in your thread. If your still not getting answers, try posting your link to your thread to someone you think could help on the site and ask them to take a look. If they still dont repond you could then try a PM (private message) this should help you to get the answers you need.

 

HTH

 

Tanz

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Thank you for all the replies.... I think i have a lot to read up on!! I will start a new thread, and let everyone know what's going on, but it def looks like i new to file the court claim now... scary!!

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Thank you for all the replies.... I think i have a lot to read up on!! I will start a new thread, and let everyone know what's going on, but it def looks like i new to file the court claim now... scary!!

 

Its actually not that bad. The first one is worse as you always think, perhaps I'm the one that will end in court, but the more you read and learn the more confident you become.

 

Good luck not thta you'll need it.

 

Tanz

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Hi jonni2bad, i was hoping for abit of advice regarding my case and removal of default, please could you read the updates on my thread regarding Halifax Bank and offer any advice? Thank you


:p :p :pCARMEN :p :p :p

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seat.gif Subscribing.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

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hi i have been reading this thread i m with shabbey but how interesting would i be able to use this about the charges for the letters etc ty

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This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group


..

.

 

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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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4762 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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