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jonni2bad v Halifax - Got the money but no default removal


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Welcome aboard.

 

My letter to the District Judge, along with my response to their defence and the AQ ar all being submitted on Monday.

 

I will post them here afterwards.......

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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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Fingers crossed for you Jonni m8

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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That wasn't part of my claim, although we are seeking standard disclosure - not only to speed up the likely retreat of the Halifax in this case, but also, should they have the bottle to defend in court, that Judges up and down the country might be tempted to do the same in other cases.

 

You never know, we might just be lucky...

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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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I have included it in mine though I am uncertain how a Judge will deal with it if the financial claim has been settled. However, it would need to be answered if there is a claim as in your and my case that we want to make sure that there are no defaults about. My point is that if there were no default leg to the action then I think the Court may refuse to rule - could be wrong about that though.

 

I actually used my own wording to include internal Halifax records as well as external Agencies.

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Going back a little, I issued a letter to their legal team, but held back form posting here at the time. Now that all the paperwork has been entered into court, I'm happy to post away.....

 

AQ submitted today, by the way.

 

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

 

XXX

XXXXX

XXX

 

15th June 2006

 

HBOS PLC

Legal Services - Retail Division

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

Ref: County Court Claim No. XXXXXXX

 

Dear Sirs

 

Following my recent claim in the County Court, I would like to offer further explanation of my Particulars of Claim, part 5(d) - removal of prejudicial information passed to third parties and in particular, the removal of a default notice posted on my credit report.

 

Under section 14 of the Data Protection Act 1998, a Court has the authority to order the removal of inaccurate data. It is my belief that HBOS PLC entered details of this default solely due to the level of unlawful charges imposed on my bank account prior to November 2003, specifically that the default amount was the sum of £742.00 and the level of charges was £2,024.00

 

Further, under section 13 of the Data Protection Act, it is possible to claim for compensation for failure to comply with the requirements of section 14. Whilst not part of my existing claim, I shall retain the right of further action under this clause in the future, should I see fit.

 

I will elucidate these points, where necessary, via the Allocation Questionnaire should you wish to proceed with a defence.

 

If you wish to settle this matter without further involvement by the Court, then please respond in writing to the above address stating your acceptance of my claim in full and without additional conditions. If the full amount is paid, by way of personal cheque, and the default notice is removed from my credit files, then I will write to the court and bring my action to an end.

 

 

Yours faithfully

jonni2bad

 

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

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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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After that letter I cant understand why they dont just comply with your request

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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After that letter I cant understand why they dont just comply with your request

 

 

Well he makes clear that the compensation issue will be/could be raised at a later stage so they know theres possibly more to come.

 

Looks like its going to be an 11th hour settlement.

 

If it is settled out of court then they do of course have the option of asking Jonnie what figure he is looking for to solve the compensation issue now.By removal of the default of course it then opens the door for further action Jonnie knows this and so do they.

 

Clearly they havent got much else to do,and as he points out he has got the laws behind him.

 

Everyone is watching

 

:cool:

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.

 

 

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  • 2 weeks later...

This has to be the most exciting thread yet!!

 

So ... is there a latest installment or do I have to be kept here in suspenders:D ???

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This has to be the most exciting thread yet!!

 

So ... is there a latest installment or do I have to be kept here in suspenders:D ???

Don't say that to Jonni or he will be over excited. We are all still waiting.

 

Hey Jonni - what's going on?

 

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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We have a court date!!!!

 

19th September at 2pm - Mansfield County Court

 

THE GLOVES ARE OFF

..

.

 

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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Woohoo at last. Even longer to wait though. grrr;)

 

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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We have a court date!!!!

 

19th September at 2pm - Mansfield County Court

 

THE GLOVES ARE OFF

 

 

September ?:eek:

 

Talk about waiting.............

BTW Jonnie...any feelings about the letter ?

The one which refers to default

 

 

:confused:

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.

 

 

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Go Jonni Go!!!!!!!!!!!!!!

 

Good luck mate although your not really gonna need it......

 

this is like a long running serial cant wait for the next episode!!!:smile:

Marilyn:p

 

--------------------------

HALIFAX A/C - SETTLED 4 AUG

HALIFAX CC - Data Protection Act SENT 2 AUG

15/09/06 - rec'd all statements - Eventually!! -521.81GBP

21/09/06 - Prelim sent

08/10/06 - LBA sent

11/10/06 - Offer £278.10, no thanks

01/11/06 - MCOL £862.56

03/11/06 - offer £521.81 - not sure yet

03/11/06 - MCOL letter

 

 

 

 

_____________________________________-

 

 

 

 

 

 

 

 

 

:lol: don't be like the banks - give a little back:lol:

 

 

 

 

 

 

DONATE SO THEY CAN CARRY ON HELPING PEOPLE LIKE US!

 

There was a time before CAG but now CAG is here we are the empowered!

 

Advice & opinions given by marilyn are personal. If in any doubt, you are advised to seek the opinion of a qualified professional

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...

BTW Jonnie...any feelings about the letter ?

The one which refers to default

 

 

:confused:

 

You'll have to remind me... my brain is in holiday mode ;)

..

.

 

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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You'll have to remind me... my brain is in holiday mode ;)

 

 

Post 81........

 

Its a talking point on quite a few other threads across the site.

I think people are wondering if it will effectively do the job ?

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.

 

 

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Ahh - all is clear again! :-)

 

I sent that letter only because it was considered that my Particulars of Claim had not been expansive enough in relation to the issue of the default removal. If the particulars go into enough detail, then such a letter would not be required.

 

In short, I didn't include enough information to start with, so had to make up for it with a letter which could then be referred to in court if necessary.

..

.

 

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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So I take it one could not have the default issues dealt with by an online claim ?

To do so would need separate action at a county court ?

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.

 

 

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Martin, I submitted my Claim through the local Court and included a paragraph specifically on removal of any default as well as any other deleterous information held internally or with outside agencies.

 

They have paid the value of my Claim into an account they have denied me access to and Halifax have said that they will inform the Court that the Case is settled. I have written to all parties to say that it is not settled in any respect. My thread is under "Garry Refer Drawer Kettle"

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Ah thanks very interesting........I will have a read on your thread

 

:)

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.

 

 

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So I take it one could not have the default issues dealt with by an online claim ?

To do so would need separate action at a county court ?

 

If a claim involves anything other than JUST money, then it cannot be made online. The default issue can be addressed in the same claim as the refund of charges, but must be issued at your local county court. The fee would be £150 if the charges total was less than £5k.

 

The important thing is the wording - I am currently working on the particulars to (hopefully) have something 'templated' that could be easily adapted.

 

Henrysdad - they did exactly the same to me! Then they lied to the court and told them I had given permission for an extension of time to defend. Nice people, don't you think?

 

Don't get into any conversation with them - let the court steer you from here on in, and double check what they might have told the court too!

..

.

 

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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Thaks for the explanation Jonni

 

Just one more question regarding this.

The entries on the credit file have been (and usually are done by Dca after they have bought the debt from the bank.)

 

Therefore is the action to have it removed directed at the bank ?

Since they defaulted but did not have the entries made.

 

Is it the case that the court can order the bank to withdraw the default and so make the adverse credit entries invalid ?

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.

 

 

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I'm not sure if the DCA have the 'power' to instigate a default without going through a court - I would be interested to know if they can - but would have thought it more likely that the bank would be the only one who would have defaulted the customer. Typically, even when a DCA handles the debt, the bank is stil in control of events.

 

This would be different if the debt was actually sold of course.

 

If the DCA have actually defaulted anyone, then separate actions would be required.

..

.

 

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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