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    • Is the entry on your credit file creditor PRA or Barclays ?
    • It's not of massive importance, as their mess-up with the sign is only one small part of your WS.   However, it's worth challenging.  E-mail the court now and say you respectfully request the court not to allow their Supplementary Witness Statement as evidence given it is unreasonable to ambush the defendant with new evidence 24 hours before the hearing.   Courts are understaffed and overworked and it is highly unlikely the judge will see your e-mail.  So tomorrow if they try to say the 3-hour sign wasn't there you again ask the court to disregard anything in a SWS produced just 24 hours before the hearing.   I hope you did this because they are lying and pretending you dated your WS 14 July but they received it on 4 August.
    • I moved into new house and I live alone since in May 2020. I started to pay by standing order and 6month later I was told I owe money and must up it to £15p/m. and I did. Later to another £25p/m around January 2022 and I did and requested to see itemised billing which was followed by a phone call to water office To my surprised the itemised billing showing several hundreds of pounds owing. The lady on the phone was bullying me to effect a direct debit and that she needed minimum payment of £64.00 to bring my account to date. When I asked what was wrong with standing order she authoritatively insisted that I must have DD in place. I promised I will get back to her but she was not having it, and I had to terminate the call. This was in May 2022. Few days after our conversation I effect/increase my standing order to £65.00 P/month. I have not missed a payment.  I now have a letter showing current balance owing at £128.66 with threat to pass my account to debt collector. What are my options here please. After debt collection what happens as they initially threatened to terminate my water supply, cancel my standing order and take me to court for recovery, now is passing my account to debt recovery. 
    • Dear Andyorch/DX, Please see my cover letter and witness statement. Feel free to make corrections !  -------------------------------------------------------------------------------------------------------------------------------- Cover letter Case number:     My address                                                                                                                  Court address    Dear Sir/Madam   My name is xxx listed for the County Court inn Leeds on September 19, 2022.  Unfortunately, I will not be able attend the hearing due to unplanned travel. Therefore, as per CPR 27.9, I’m giving written notice to court and claimant and kindly asking You to hear the case in my absence, taking into account my witness statement and other documents I have filled in the process.    Please see attached: witness statement    Faithfully yours,   XXX --------------------------------------------------------------------------------------------------------------------------------- WS   I, XXX, being the Defendant in this case state as follows;   I make this Witness Statement in support of my defence dated 8th December 2021 and in response to the claimant’s claim dated 9th November 2021 which was submitted through the County Court Business Centre.   1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought en masse as portfolios at a much reduced cost to the amount claimed ...10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditors. The claimant then issues claims en masse with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit.   2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   3. Background   Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Talk Talk Ltd. On receipt of this claim I could not recall the precise details of any agreement or any debt, numerous years having passed since the alleged agreement date, and therefore reasonably sought clarity and information from the claimant.   I formally requested via CPR 31.14 on the 15th November 2021:   A copy of the original agreement; A statement of account; A copy of the terms and conditions as applicable at the time of the agreement; A copy of any Default Notice/ termination notice; A copy of any notice of assignment showing the claimant’s legal right to take action   Having made a claim, the above data should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.   4. Disclosures   The claimant has supplied some documentation but has failed to comply fully with my formal requests. The claimant has failed to provide:   A copy of the original agreement A statement of the account showing completely and exactly how the amount claimed for has been reached A copy of a default notice/termination notice A copy of a legal notice of assignment showing the claimant’s legal right to take action.   I received rough copy of the bill summary (no originals) and not on the usual Talk Talk letter headed paper:   11th September 2018 - £182.51 with a 'previous balance' of £170.01 which is not shown how this is accumulated.    The bill summary does not state that this is the “Final Bill” or that the account has been closed.   Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.   5. Conclusion   The claimant has failed to comply with my formal requests, is in default and therefore I must assume that this is due to the claimant not having any of the above mentioned legally required documentation and has merely issued a speculative claim in the hope of obtaining an undefended default judgement.     Statement of Truth ------------------------------------------------------------------------------------------------------------------------
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Thora takes on the Halifax


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Hi

 

I've had a history of appalling customer service with the Halifax & Bank of Scotland ranging from charges to be harrassed by their call centres. On at least four seperate occassions in the past 18 months I've had calls from their call centres only for them to say they didn't know why they called the account was in order. Then they raised my credit limit, twice, despite my telling them previously that I wanted it lowered. Then there was incorrect information on my credit file which when I wrote to them in January they said they would remove, they did not, I wrote again and they said they had definitely removed it and yet it is still on there.

 

I owe them £114 due to missed payments and they have called me 9-11 times a day - I said on the first call that I couldn't pay until I got paid a fortnight later and please don't call again - they called two hours later and have kept calling since. Twice now I've been woken up on Saturday and Sunday by them calling me. I've reported them to trading standards for this.

 

I've gone through my statements and found that they have charged me £200 in charges but I was missing a year's worth of statements - I rang them up 11 days ago and they said they would send me the statements in 7 days - unsurprisingly nothing's come yet.

 

I've drafted a SAR and spreadsheet and will change the figures once, or if, I get the final missing statements through.

 

This bank has made my life difficult and has been a nightmare to deal with from day one. They are inefficient and often just ignore letters, their call centre system is atrocious - I've had 13 calls one day from them the staff are often clueless or just rude.

 

Thora is not pleased!

 

Thora

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Once you have all of your statements together, you can complete your own customer satisfaction survey.... in the form of a preleminary request for payment of all charges deducted!

 

Best of luck.

09/10/06:Halifax claims opened with prelims

claim 1 = 1392.38

claim 2 = 1437.74

claim 3 = 1480.76

claim 4 = 0185.32

Changed tactics.

1 claim of £4600 submitted - will travel to england to go to court if required.

 

27/10/06: LBA sent

01/11/06: Recieved an offer of £764

05/11/06: Refusal of offer sent

11.11.06: MCOL submitted

13.11.06: MCOL issued

16.11.06: MCOL aknowledged

17.11.06: recieved withdrawal of offer letter - too late, it's already with court!

27.11.06: recieved written confirmation from Northampton County Court. Still no correspondance from Halifax. They have until 15/12/06 to respond.

O1/12/06: Settled in full, including interest.

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  • 2 weeks later...
20 days after being assured that the statements ordered would be with me in 6/7 working days and I'm still waiting. Why am I not shocked in any way at all?

 

it took me about 3 months and several phone calls to get the statements from halifax!!!

They offered me less than half of the £4000 that I wanted refunded. I sent a set letter stating that I wouldn't accept their offer. I have now had a letter from them saying that they do not agree with the 'legal analysis of default fees outlined in the OFT's statement published in April' so they feel that no refund is due to me. Looks like I am going to be taking them to court - and of course the 8% interest is now going to be added.

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it took me about 3 months and several phone calls to get the statements from halifax!!!

They offered me less than half of the £4000 that I wanted refunded. I sent a set letter stating that I wouldn't accept their offer. I have now had a letter from them saying that they do not agree with the 'legal analysis of default fees outlined in the OFT's statement published in April' so they feel that no refund is due to me. Looks like I am going to be taking them to court - and of course the 8% interest is now going to be added.

 

 

Funny you should mention that - I rang them up on Monday and asked them why they hadn't sent them and they put me on hold before coming back saying I would definitely get them "by Friday". Well in my book "by Friday" means they should have been in the post this morning or earlier - shockingly they aren't and Halifax have let me down again.

 

I'd give some leeway to other banks but not HBOS after the way they've treated me, they have to be the most incompetent "bank" going.

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