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    • Indeed, it’s all up to date at the moment and no missed payments and no issues from a credit file perspective everything is up to date in that sense 
    • follow it thru, plenty of time to poss arrange a tomlin or consent later on. ............   pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] .............. dx
    • so you've never been issued a default notice ever and all these accounts still show on your credit file?  
    • No i decided I would try and keep paying this down as best I possibly could and have paid over 35k off of the total amount. It’s been hard as hell tbh but just seems too much to do with the prospect of job disruption looking. the issue I have with pro rats is the credit file is trashed anyhow like you are defaulted anyhow is it not? I am willing to trash it for 6 years if needs must but having it trashed for over a decade seems crazy. This is the dilemma I am in
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Wilkins vs Halifax ***WON***


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Hi Wilkins

 

It should'nt get that far, but you must be prepared if it does. There is a buddy system on this site if you are worried about it. Where are you in the country?..

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Wilkins,

 

As one of the previous posts mentioned, they tend to ignore or forget all about it ............

 

They wrote to me offering a partial payment and disputing interest. I accepted it as an interim payment only and informed the court I was still pursuing the remained.

 

The Halifax just ignored/forgot about it. When I pointed out the final date for filing a defence or paying up was oly three days away - They paid all the outstanding interest in full :D

 

Do not panic, settle back and wait. If you haven't heard by the beginning of the final week, write to them again pointing out that they must file a defence or pay up or you will seek judgement in default ............

 

All the best.......

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There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

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FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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Hi

thanks

so will i write next week to remind them they need to reply? or will i just wait. also, where can i find a buddy? im in newcastle upon tyne

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

thanks

so will i write next week to remind them they need to reply? or will i just wait. also, where can i find a buddy? im in newcastle upon tyne

No harm in polite reminders - it has precipitated instant settlements, I hear, bonny lad !!

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Hiya

Add me for a buddy, I will come along & hold your hand(not that you will need me to do that)

Will you chill out, you will be fine trust everyone who replies to your threads, ok, I have never known any-where give so much support (me thinks they are all NUFC fans lol)

pm me if you need me ok

mines a Vodka & Coke :)

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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thank you, i will await their reply ;)

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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sittin here thinking again. i would love this money for xmas but wont get it. would love to treat the whole family as they have helped me out lots while been a student. would be nice

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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"Wilkie"

 

...Your call, no-one else's. Tough one, admittedly.

 

Your heart says one thing - your head says another, it seems. Chances are, as you say, you won't get it for Christmas, anyway.

 

If you want to repay the family for previous favours, I say let your heart buy them something small & thoughtful this Christmas to say thank you, and love you. Then let your head buy them something in the January sales that costs ten times as much as you could have bought them for Christmas.

 

To me, that says, "I love you with my heart and my head." In my book, that's all of your soul.

 

FWIW - the best prezzie I ever bought my girlie (now my wife) was an IOU. I was skint, but had a new job in the offing. The IOU was the most treasured, as the message that came with it, came from my heart. The prezzie I eventually bought her was appreciated, but has since been outlived by the message that I gave her with the IOU.

 

Yeah - cheesy, I know. Cheesy time of year.

 

But it's still your call.

 

How much do you wanna say thanks ?

 

 

 

 

 

Thinks.....

 

 

 

 

 

 

 

 

 

 

 

(There's good guys here - right behind ya, either way !!)

 

 

 

 

 

 

 

 

 

...

 

 

 

 

 

 

 

 

 

Now make the call - one way or the other !!!

 

Love & Max. Goodwill, mate,

 

Bill.

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thanks. i might just do that.

the halifax have until 17 dec to reply, then can have another 14 days if choose to defend. do they normally do that?

has anyone ever lost? this site is sooooo positive, i havent read one thats lost yet

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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I'm claiming from HBOS currently, and from what I've seen (of mine and others' claims), they've usually taken the maximum time possible to pay out. That's all part of their "war of nerves" approach, I reckon. They know that if they can get us to bottle out before it gets to court, that's their only way of winning, because once it gets into court, they know it's almost impossible for them.

 

There have been a few claims that went to court and lost, I believe. I think if you can demonstrate to to the bank that you really haven't got a clue, or really can't be bothered to make an effort, then they'll jump on that and let you take it in, knowing they'll get your case thrown out. There was also one recently which was well researched and presented, but lost on some weird underhand technicality. I believe the claimant is NOT leaving it at that, though !! Such is the positive help of these guys here.

 

CRAFT !!! :D - If I can remember who this was, I'll get back here with it.

 

Can anybody else help on this ?

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the claiment who lost on a technicality was lickthewallfatboy but he didn't actually lose he just had charges reduced to £12. You are right he is contesting result

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If I have helped then please click on my scales.

 

Ulster bank

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

05/10/06 DPR letter sent

06/11/06 Request of repayment sent £1186.06

20/11/06 Repayment deadline

21/11/06 LBA sent

25/11/06 £90 goodwill gesture letter received

06/12/06 LBA deadline

09/12/06 Received final response to claim

I will register smallclaim in new year once Jan paycheque is in.

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the claiment who lost on a technicality was lickthewallfatboy but he didn't actually lose he just had charges reduced to £12. You are right he is contesting result

 

Aaa, yes. Cheers, smcgall. I should have read that more closely than I did. Must get back to see how LTWFB is doing.

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a click on the scales is as good as a wink:wink:

If I have helped then please click on my scales.

 

Ulster bank

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

05/10/06 DPR letter sent

06/11/06 Request of repayment sent £1186.06

20/11/06 Repayment deadline

21/11/06 LBA sent

25/11/06 £90 goodwill gesture letter received

06/12/06 LBA deadline

09/12/06 Received final response to claim

I will register smallclaim in new year once Jan paycheque is in.

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a click on the scales is as good as a wink:wink:

My apologies - do forgive my inconsideration there, smcgall. I often need reminding that "What goes around, comes around" applies to things we do, as well as things we fail to do !!

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well halifax have until 14/12/06 fo rme then will issue letter to them if they havent responded. i hope they do

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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well halifax have until 14/12/06 fo rme then will issue letter to them if they havent responded. i hope they do

They'll probably lodge an Intention to Defend, giving them another 14 days, during which time they'll hope you bottle out. They (HBOS) did that with mine, but I just got a letter this morning saying they'll pay up in full. Admittedly, this is less than £200, but shows they generally have no intention to defend whatsoever. They just want you to think they do.

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Hi everyone

I am at the court stage and the halifax have until the 17 December to reply. However, they have just rang me and said they will only pay me £879. I have claimed back to 1991 (i know its only 6yrs but worth a try). Anyway, she said I was claiming £2375 and this amount was wrong. She also said since my claim went in on 28 November I can only claim from 28 November 2000 - I started this claim in July!!!!

Anyway, what do I do??? I told her I wasnt happy with answer and said I would think about it. I feel I should have more than that - are they trying to soften me up?

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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You have to be very careful here you may lose the lot!

You are entitled to claim back to july 2000, as you started your claim in july this year!

I wouldnt try going for the full claim back to 1991 or you could lose everything, i will pass your details to someone who may know more about this ok?

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thank you i would appreciate it.

really need help 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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You can argue the toss for the pre 6 years stuff, but for the moment the 6 years will run from JULY - when you first told the bank you intended reclaiming your charges - ie from your Data Protection Act letter. What are the breakdowns of amounts

 

1991-2000

July 2000 - Nov 2000

Nov 2000 - current

 

just for an idea how much effort you want to put in to the pre 2000 bits

 

 

Following your request I have detailed the amounts below:

 

1991-2000 charges £920.00, interest £640.84 = TOTAL £1560.84

 

July 2000 - Nov 2000 charges £75.00, interest £37.14 = TOTAL £112.14

 

Nov 2000 - current charges £626.00, interest £120.94 = TOTAL £746.94

 

PLUS COURT FEE £120, SAR FEE £10

 

Hope that helps! :shock:

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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Just bookmarking this thread, because it may be handy for me.

All the best with this one. I will keep an eagle eye on it!

 

A D

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

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Hi,

 

I successfully claimed back more than ten years from Halifax.

 

I think if you stick to your guns they will pay you out.

 

Has a court date been set?

 

If so when is it? And have you already submitted your court bundle. You will want to include the Limitations Act which Karnevil is referring to and refer to this in your skeleton argument.

 

I believe they are calling your bluff as the Limitation Act is clear that the 6 years does not begin to run until the claimant has discovered the concealment.

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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so what do I do. If I accept this amount as part payment, should i press for the rest in court?

im really scared now, havent a clue what I am doing

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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