Jump to content


Wilkins vs Halifax ***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6241 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Just subscribing.

I was directed to take a look in here by Glenn, who is (with many others)obviously looking after you very well.

I too am putting in a claim for prior to 6 years, so will be watching this with great interest.

For what it's worth, I have done a hell of a lot of reading up on the Statute of Limitations, and read all the relevant cases and precedents, (and tried to do so impartially). It is IMHO evidently the case that sec 32 really should be permitted in claims such as as our own.

Here's my summation FWIW.

This is a bit of a "Cart before the Horse scenario".

We raise a call to invoke sec 32 based upon concealment/mistake of the lawfullness of the charges.. yet concealment/mistake of the lawfullness per se is still as yet actually unproven in court, so they try to raise section 5 of SOL, as if the payments were actualy lawfull.

In response you insist on the "Prima Facia" issue being the unlawfullness. Once this is proven it logically follows that either concealment or mistake were thus the cause of all the other payments.

You then have 6 years from the point of discovering this to make a claim.

 

This is why it is so important to keep claims raising sec32 in tact, and not allow them the opportunity to divorce the issue of unlawfullness from the issue of time barring.

They will try every tact to create this seperation, the usual one being offers (or even just deposits) of charges post 6 years. (wilkins, FWIW I think you have done remarkably well in this case).

 

So, in short:

The Prima Facia issue to be determined should be the lawfullness or not, once that is determined invocation of Sec32 either kicks in or not. Any attempt by the Defendant to raise section 5 before the lawfullness is proven is a distraction as the two issues cannot be divorced. If they wish to try to claim a bar should be effective, then they must be prepared to go into a court and try the issue of lawfullness first.

 

JMHO

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

Link to post
Share on other sites

  • Replies 425
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

well, lets see what happens!

I am awaiting for call but nothing as 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

Link to post
Share on other sites

....BTW

Forgot to say all the best of luck !!:)

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

Link to post
Share on other sites

WON!!!!!!!!!!!

They have just rang me in relation to the letter I sent and they have paid me full today into account, cleared by the morning. Court hearing off tomorrow:p

Thank you all so much and thanks to Bong (Claire) and Glenn for all their hardwork.....it is much appreciated.

As soon as get money will donate.:D

Charges back from 1991.............everyone go for it!!!

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

Link to post
Share on other sites

WON!!!!!!!!!!!

 

 

They have just rang me in relation to the letter I sent and they have paid me full today into account, cleared by the morning. Court hearing off tomorrow:p

 

Thank you all so much and thanks to Bong (Claire) and Glenn for all their hardwork.....it is much appreciated.

 

As soon as get money will donate.

:D

 

 

Charges back from 1991.............everyone go for it!!!

FANTASTIC

 

dpick

Link to post
Share on other sites

WOWWWWWWWWWWWWWWWWWW!!! Excellent news, I am SOOOO happy for you. Congratulations and well done for hanging in there :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

i no me too, shows everyone can be done. nail biting today though, but stuck it out :)

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

Link to post
Share on other sites

WEY HEY !

 

HAPPY DAYS !!

 

WELL DONE !!!

 

 

CONGRATULATIONS !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

 

 

 

 

MOSES

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

Link to post
Share on other sites

FANNNDDAAAAAABYYYYYYDDDOZEEEEEEEEEYYY

:lol: :lol: :lol: :lol: :lol:

 

With yourself and Bong in same week, great news for all going for pre 6 years !!

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

Link to post
Share on other sites

Edited deleted info

 

Bong

 

i have sent you and Wilkins a short pm perhaps we could discuss this vie email if you have a minute please?

 

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

Link to post
Share on other sites

CONGATULATIONS WILKINS A TRUE PATHFINDER action-smiley-033.gif

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

Link to post
Share on other sites

I'm so pleased for you, no you can look back to the begginning of this thread and think about all that stressin you did, and laugh!!!

 

I've just been round to the post office and sent halifax my SAR, you have given me faith girlie!!!

 

Once again well done!!!

 

:D x

Link to post
Share on other sites

do people think this is a tactic we should keep up our sleeves? Glenn and I are undecided about this, so other people's views would be great. if so, I will delete the info in my above post

Link to post
Share on other sites

I'm not too sure. If it is to be kept off the forum, maybe there can be a post somewhere for people to request the letter by PM?

 

Having said that, there are new tactics/letters etc being discussed all the time on the open forum so it wouldn't really matter if the 'spies' saw them. Maybe they'll get the idea and stop being so narky about such claims when they see that we too are capable of finding loopholes?

 

JMHO?

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

do people think this is a tactic we should keep up our sleeves? Glenn and I are undecided about this, so other people's views would be great. if so, I will delete the info in my above post

 

I'm not sure.

This site is all about sharing info, and unless someone happens to come across this thread, they wouldn't neccessarily know anything about the tactic. On the other hand, I'm wary of giving the other side a head start :D

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

Link to post
Share on other sites

:grin: :grin: :grin: Congratulations

 

Have watched your thread with interest ;)Well done inspiration for all.

 

I will be settling down at 8.59pm with a large glass of wine tonight and will srink a toast for you and CAG then I will watch Whistleblowers. Hope you do the same.

 

Well done

 

Regards

Dee:-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...