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    • hi Andy how is that reading now. Can I post this on Mondays or does it have to be there on Monday just got home and my printer is now broken hear date 11/09/21.   In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant  WITNESS STATEMANT OF XXXXXXXXXX    I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected email correspondence of a formal request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.The claimant offered a confusing payment alternative that did not reflect the true status of my loan. exhibit 1    3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that the claimant was issued a CCA requestasking to supply me with a true copy of the alleged agreement they referred to. This is my right under their obligation to supply a copy of the agreement under the legislation contained within Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) in on the 25/11/2020   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   a £1 postal order also attached to the CCA request to which the claimant informed me by email that the £1 postal order was then used as payment towards the loan amount. Exhibit 2   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.   Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed ……………….   Dated on the day ……………….   Thanks G
    • or   if thats from your useless solicitor ignore him. simply contact the sheriffs office yourself!! cost <£100.   Instruct us – The Sheriffs Office WWW.THESHERIFFSOFFICE.COM    
    • Could you remind me which post please, TJ?   Marina Hyde has a new opinion piece out, very aptly put and entirely in the PM's favour. If only the UK could panic-buy prime ministers who know what they’re doing | Marina Hyde | The Guardian WWW.THEGUARDIAN.COM Boris Johnson was in New York this week, trying to dodge awkward conversations and ignore domestic shortages, says Guardian columnist...  
    • Join the Army .. and drive a HGV ... which can at least carry a soldier more than 20 miles and not put them in traction .. unlike Johnsons plans for vehicles for the army (see prior post)   and No shortage of Christmas Turkeys .. there's hundreds in parliament  
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I Won!!! I Won!!!! I Won!!!!


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Hi

 

I'm thinking of starting my claim against the Halifax for charges on my account and I understand that they may close my account as a result, but our Mortgage is also with them. My claim wouldn't be connected in anyway with our Mortgage account but can they and would they get back at me through this?

 

Thanks

 

Kaz

August 06- S.A.R. handed into a Halifax Branch

Sept 06 statements received and first letter sent requesting repayment of charges totalling £3,90

beginning Oct 06 received phone call offering £1,397, said would accept as interim payment andLBA letter sent same day

mid Oct 06 MCOL submitted online

end Oct 06 paid in full including interest and court fee - £4,980!

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As long as you keep the payments up on the mortgage, they can't do anything

:) 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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I have a mortgage with Halifax and several account.

 

Just managed to get £2700 from them today for charges over last 6 years on a current account !!

 

GO FOR IT

Halifax £2053 -

30 June 06 - Prelim Letter Sent

12 July 06 - Standard Blah Blah Reply Received

15 July 06 - LBA Sent

18 July 06 - Phone call from Halifax offering £500

28 July 06 - Small Claim Process Started

14 Aug 06 - SETTLED IN FULL £2708.02 !!!!!

 

Ulster Bank £??? -

Working on it

 

 

Nationwide £210 -

14 July 06 - Prelim Letter Sent

28 July 06 - LBA Sent

 

A & L £1384 -

28 July 06 - Prelim Letter Sent

 

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Thanks for your replies - I'd want to go back 5-6 years and I've got a wad of statements for at least the last two years so will go through them first and then ask for the other 3-4 years.

 

Roughly worked out that it should be around £2,000/£2,400ish.

 

Kaz

August 06- S.A.R. handed into a Halifax Branch

Sept 06 statements received and first letter sent requesting repayment of charges totalling £3,90

beginning Oct 06 received phone call offering £1,397, said would accept as interim payment andLBA letter sent same day

mid Oct 06 MCOL submitted online

end Oct 06 paid in full including interest and court fee - £4,980!

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Ginnser - so it took you roughly 6 weeks from start to finish?

August 06- S.A.R. handed into a Halifax Branch

Sept 06 statements received and first letter sent requesting repayment of charges totalling £3,90

beginning Oct 06 received phone call offering £1,397, said would accept as interim payment andLBA letter sent same day

mid Oct 06 MCOL submitted online

end Oct 06 paid in full including interest and court fee - £4,980!

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yes in total from first letter. Stick by the timescales, issue your letters bang on 14 days irrevellant of what communication you get from bank.

 

Its simple !

Halifax £2053 -

30 June 06 - Prelim Letter Sent

12 July 06 - Standard Blah Blah Reply Received

15 July 06 - LBA Sent

18 July 06 - Phone call from Halifax offering £500

28 July 06 - Small Claim Process Started

14 Aug 06 - SETTLED IN FULL £2708.02 !!!!!

 

Ulster Bank £??? -

Working on it

 

 

Nationwide £210 -

14 July 06 - Prelim Letter Sent

28 July 06 - LBA Sent

 

A & L £1384 -

28 July 06 - Prelim Letter Sent

 

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Agree with last post,

I sent my prelim letter 10/07 issued Moneyclaim last Monday (7th)

HALIFAX PAID IN FULL TODAY!:D

 

Stick with it and Good Luck

Nona

[CENTER][SIZE=2][I][COLOR=DarkOrange]Any advice offered is only my opinion, based on my experience with my claim [/COLOR][/I][/SIZE] [SIZE=3][COLOR=Blue][SIZE=2] I won my case because[/SIZE] I READ THESE FIRST[/COLOR][/SIZE] [URL="http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/"][COLOR=red]http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/[/COLOR][/URL] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=3]Halifax[/SIZE][COLOR=YellowGreen]-[/COLOR][/COLOR][B][SIZE=4][COLOR=Red][COLOR=YellowGreen]SETTLED IN FULL[/COLOR] :D:D:D[/COLOR][/SIZE][/B][/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=magenta] [COLOR=SeaGreen]Prelim letter sent [COLOR=Black]10/07/06[/COLOR] Moneyclaim issued [COLOR=Black]07//08/06[/COLOR][/COLOR] [COLOR=Red]Settled in full[/COLOR] [COLOR=Black]15/08/06 [SIZE=2] [/SIZE][/COLOR][/COLOR][/SIZE][/FONT][CENTER][FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=2][COLOR=DarkOrchid][SIZE=1]Survey completed. Donation made[/SIZE].[/COLOR][/SIZE][/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [CENTER][FONT=Comic Sans MS][SIZE=2][COLOR=magenta][COLOR=Black][COLOR=Navy]Thanks to Dave and Bankfodder, and all who have given their time and advice[/COLOR]:)[/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=red][COLOR=Black]Co-op Bank Visa[/COLOR] Settled after LBA (only £61 but hey ho, every penny counts) [/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=#00bfff] [/COLOR][/SIZE][/FONT]

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About to submit my letter today asking for all the statements for the last 6 years and wondered if it was ok to hand it in at a branch and get a receipt from them, instead of posting it?

 

Thanks

 

Kaz

August 06- S.A.R. handed into a Halifax Branch

Sept 06 statements received and first letter sent requesting repayment of charges totalling £3,90

beginning Oct 06 received phone call offering £1,397, said would accept as interim payment andLBA letter sent same day

mid Oct 06 MCOL submitted online

end Oct 06 paid in full including interest and court fee - £4,980!

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It's ok - rjust ead an old thread in which someone had handed it in at a branch so may do that this lunchtime.

 

Thanks

 

Kaz

August 06- S.A.R. handed into a Halifax Branch

Sept 06 statements received and first letter sent requesting repayment of charges totalling £3,90

beginning Oct 06 received phone call offering £1,397, said would accept as interim payment andLBA letter sent same day

mid Oct 06 MCOL submitted online

end Oct 06 paid in full including interest and court fee - £4,980!

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Just handed my letter in and asked for a receipt. The customer adviser looked at the letter and said that they don't give receipts for this and said that she could give me her business card with today's date to show that I'd handed it in.

 

Lets see how long it takes to get a response.

 

Kaz

August 06- S.A.R. handed into a Halifax Branch

Sept 06 statements received and first letter sent requesting repayment of charges totalling £3,90

beginning Oct 06 received phone call offering £1,397, said would accept as interim payment andLBA letter sent same day

mid Oct 06 MCOL submitted online

end Oct 06 paid in full including interest and court fee - £4,980!

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they gave me a receipt too, but I'd paid them £5 for the statements, so could be slightly different

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Thanks for replying

 

As soon as she saw what the letters was about, her manner totally changed and when I was leaving she went in the back straightaway with my letter so hopefully that means it's winging it's way to the right dept as we speak.

 

I said in the letter to take the £10 (I thought it was £10 but even better if only £5) straight from my account. I'll give it a week and then ring them on one of the Data Protection Department telephone numbers mentioning in one of the threads to check if the statements are on their way.

 

I do have a lot of my statements for the last 18 months and the charges on them alone add upto around £950, Got my current statement this morning and this month alone they'd added another £99 so that brings the total at the moment to around £1050! God knows what the amount will be in total for the full six years.

 

Thanks

 

Kaz

August 06- S.A.R. handed into a Halifax Branch

Sept 06 statements received and first letter sent requesting repayment of charges totalling £3,90

beginning Oct 06 received phone call offering £1,397, said would accept as interim payment andLBA letter sent same day

mid Oct 06 MCOL submitted online

end Oct 06 paid in full including interest and court fee - £4,980!

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good luck Kaz, I was totally stunned at how much they'd taken from me. Fingers crossed we'll both be celebrating soon :)

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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it's amazing how it adds up isn't it? On one day they'd taken £478 off of me

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Been reading on a few threads where the Halifax have paid out and some have been completed in around 6-8 weeks so if that's the case with my claim, christmas will be a good one this year!!!!

August 06- S.A.R. handed into a Halifax Branch

Sept 06 statements received and first letter sent requesting repayment of charges totalling £3,90

beginning Oct 06 received phone call offering £1,397, said would accept as interim payment andLBA letter sent same day

mid Oct 06 MCOL submitted online

end Oct 06 paid in full including interest and court fee - £4,980!

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Just checked my account on online and there's been a £5 standing order been taken out yesterday. Don't have any standing orders set up by me for £5 so presuming that it's the £5 charge for my statements! Just got to wait and see the postman hates me when she delivers them!!!!!

August 06- S.A.R. handed into a Halifax Branch

Sept 06 statements received and first letter sent requesting repayment of charges totalling £3,90

beginning Oct 06 received phone call offering £1,397, said would accept as interim payment andLBA letter sent same day

mid Oct 06 MCOL submitted online

end Oct 06 paid in full including interest and court fee - £4,980!

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me too elaine, sent me two of everything

 

must've cost more than the £5 in postage

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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  • 3 weeks later...

Just got their standard letter saying that the statements have been ordered and that they don't record manual intervention on my account so looks like we are on our way!!!

 

Kaz

August 06- S.A.R. handed into a Halifax Branch

Sept 06 statements received and first letter sent requesting repayment of charges totalling £3,90

beginning Oct 06 received phone call offering £1,397, said would accept as interim payment andLBA letter sent same day

mid Oct 06 MCOL submitted online

end Oct 06 paid in full including interest and court fee - £4,980!

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Hi

 

Handed my letter in at my branch on Wednesday 23 August, got the letter acknowledging it and stating that they do not record manual intervention on Saturday and got home last night to 44 envelopes!!!!

 

Just added it all up on the simple spreadsheet and the charges alone since 1 May 2000 to today are £3,871 and with the interest at the moment added, it amounts to £4,704.45!!!

 

Will send my letter requesting a refund today or tomorrow and see what they say.

 

Thanks

 

Kaz

August 06- S.A.R. handed into a Halifax Branch

Sept 06 statements received and first letter sent requesting repayment of charges totalling £3,90

beginning Oct 06 received phone call offering £1,397, said would accept as interim payment andLBA letter sent same day

mid Oct 06 MCOL submitted online

end Oct 06 paid in full including interest and court fee - £4,980!

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Please Help!!!!

 

About to send the Preliminary letter asking for repayment but stuck on this paragraph

 

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

 

I understand that in the first XXXXXXX I put the total amount of charges £3,871.00 but in the second one do I put the interest total of £833.45 and then the total at the end? I've only used the simple excel spreadsheet to total up. I don't think I could work out the amount of interest charged on an overdraft to save my life!!!!

 

Thanks

 

Karen

August 06- S.A.R. handed into a Halifax Branch

Sept 06 statements received and first letter sent requesting repayment of charges totalling £3,90

beginning Oct 06 received phone call offering £1,397, said would accept as interim payment andLBA letter sent same day

mid Oct 06 MCOL submitted online

end Oct 06 paid in full including interest and court fee - £4,980!

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I don't think you request interest at the preliminary stage; you only add this in when you issue the money claim.

 

Take out this section in the prelim letter and don't put the interest into the schedule - just the charges.

 

Hope this helps and good luck!

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