Jump to content


  • Tweets

  • Posts

    • Can someone please advise on how to upload picture.  I’ve taken a photo of the first page of claim form and converted to pdf but it saying file too big. It’s only one page
    • 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 .  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] ..............  
    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

AWC v Halifax


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6301 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

Great big hello to everyone and what a fantastic site this is, I can't tell you how useful and informative this site is to me (although you all probably know from your own experience). For years I have been ripped off by Halifax, despite me pleading on my knees at various branches and asking them to stop charging me just for a month or two to allow me to catch up with my financies - no way, they crippled me eventually!

 

I have waited years for the oportunity to see justice done, and now I have found this site, I am today begining the process to get back my money which they and other banks have taken in charges over the years.

 

Going to start with Halifax Current Account - I already have all my statements filed away for the past 6 years, so I don't neet to ask them! :D

 

Next will be Halifax Credit Card - Will send off for list of charges. :cool:

 

Then Capital One - Got most of their statements already.

 

Lastly any other cards which may be outstanding, sure after adding up all the individual claims, I am looking at claiming between 5k-7k!

 

Thanks in advance for your advice and reading my thread, I will be here for sometime I think! Having read most of the posts on this forum, I am confident that I will acheive something, I am very much ready to fight this all the way to court and beyond, this site has given me masses of confidence to stand up to these banks! :-D

Link to post
Share on other sites

Welcome, welcome, welcome.

 

That's the spirit, go get 'em tiger!!

 

If you get stuck or an unsure - just shout!!

 

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.

Link to post
Share on other sites

Good luck with your claims AWC.

 

Keep posting and we'll keep reading.

 

It's important our posts on CAG aren't libelous in any way towards the banks. Please edit your last post and replace "stolen" with "taken".

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

Link to post
Share on other sites

Good luck with your claims AWC.

 

Keep posting and we'll keep reading.

 

It's important our posts on CAG aren't libelous in any way towards the banks. Please edit your last post and replace "stolen" with "taken".

 

Thanks, have ammended as requested, you were quite right! :D

 

Just out of interest, my Halifax Current Account was closed by them a year ago. Should I be successful in claiming back my charges, would they send me a cheque or reopen my account?

 

Aaronsdad - Thank you too, I am sure I will be asking many questions!

Link to post
Share on other sites

Spooky!

 

I just posted an answer about the same problem (but can't remember where!)

 

I remember that there is a section on the hard copy of the N1 (the court claim form) that you put down how/where you'd like paid. I don't remember seeing it on the MCOL version, but, I didn't look for it.

 

Now, here's the good bit. You can go on MCOL TODAY, type in all the name, address etc etc and play with it. You can save it for later, if you've done it right or you can delete it if you were suing your pal for a million! The point being, nothing happens unless you go through the 'checkout' part and you can get more familiar with the form, what it needs etc before the big day when you do it for real!!!

 

Links that might help.

 

https://www.moneyclaim.gov.uk/csmco/index.jsp

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

Hope I've helped not hindered!

 

Finally, remember interest is a myth - until you get to court - that's the first time it gets mentioned. At the court stage only. Loads of people get confused by this.

 

A D

  • Haha 1

[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.

Link to post
Share on other sites

Thank you very much Aaronsdad, you have been of great help, no hinderance at all! I will go onto that site now and get the basis sorted well in advance!

 

Am I right in assuming that when sending my first letter to Halifax asking for my charges back I don't add interest? i.e. interest at the Statutory rate of 8% is only claimed when I file the claim with MCOL?

 

Very much appreciated! :D

Link to post
Share on other sites

Yep! Treat it like it doesn't exist at the moment. Just our secret!!

 

When you print your schedule make sure you don't print out the last two columns -days since/interest. In Excel you do that by setting the print area.

 

When/if (LOL) you file a claim, part of the blurb that you will adapt from this site deals with interest at 8% under S69. (Haven't a bloomin clue what it means, apart from £600 to me!!) Then you print everything out showing how much more they have to give you because they didn't settle before court!

 

Sounds daft, but they do it everyday!

 

I'm away for 10 days from Sun so I can't help, but as you're only just sending your prelim nothing much is going to happen for 2 weeks anyway! You'll get standard letters etc, etc. Don't worry about them you're calling the tune now!

 

Anything major PM me and I'll see it when I get back.

 

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.

Link to post
Share on other sites

Okay, right had a look through my statements there are some missing, so to play safe I have decided to write to Halifax to request all of my statements for the last 6 years. May or may not be many extra charges to claim, but better that than regret not doing so in the long run.

 

Where do I send my letter to, is it the usual Halifax address? :

HBOS PLC

Trinity Road

Halifax

HX1 2RG

 

I have ordered some C.A.G stickers to put on my envelopes, is there anything else I should put on the address etc to speed things up a bit?

 

Thanks!

Link to post
Share on other sites

Right then, all three S.A.R's ready and cheques in envelopes, going to send them tomorrow via recorded delivery and they have until 25th January to send me all my statements.

 

Feeling good already! :D

Link to post
Share on other sites

Update!

 

I have this morning posted four letters (S.A.R's) to Halifax Bank, Halifax Credit Card, Capitol One & Egg Credit Card, sent them all 1st class recorded delivery, so they have until 25th January 2007 to get my statements to me.

 

What a great feeling it was sending them off, even if I don't get any money back it still feels great knowing that I have spoken out and fought back at last! :D

 

I have also made up a separate files for each bank/credit card, and also bought a big year planner to go on the wall and keep track of things. Feels like a battle plan unfolding, fingers crossed!

Link to post
Share on other sites

Crikey AWC, you're braver than me - I'm waiting for the results of Halifax before going after the uncrackable Egg and Barclaycard:-|

But Power to you and Go Get 'Em:D

HALIFAX

30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95

HALIFAX 2nd claim

5th Mar - 16th Apr - Success in claiming £176

EGG (3 accounts)

20th Jan 07 - SAR posted

17th Mar 07 - Paperwork received - bits missing

19th Mar - Non-compliance for missing bits posted

9th Apr - ICO complaint filed

BARCLAYCARD

20th Jan 07 - SAR posted

21st Mar - Statements received

23rd Mar - Prelim posted

31st Mar - Offer for £30 rec'd

10th Apr - LBA sent

Link to post
Share on other sites

Well, I was lucky and managed to get myself finacially solvent just over a year ago, which means that I have more than enough money to see this through to the end.

 

It's the principal that's driving me, the fact that I was overcharged for so many years and never offered any help or support by Halifax, in fact they encouraged me to borrow more money from them and got me into more and more debt.

 

One thing I/we can never get back from these banks are the years of days & nights we spent worrying about our finacies and all the charges they kept slapping on, but at least a refund will help heal the wounds.

Link to post
Share on other sites

Too right AWC, if only we could seek compensation for the suffering we have been caused, because lets not forget all these charges have had knock on effects to other payments which we have been caused to miss etc. Its just a great big snowball. I wonder if anyone has considered suing the banks for this and if they would have a case???? some thing to think about.

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

Link to post
Share on other sites

  • 5 weeks later...

Well, doesn't time fly! Time for an update.

 

Received a letter from HBOS a few days ago asking me to visit my local branch to collect my statements because my new address does not match the details on file (account closed 18 months ago). I was also asked to bring along various forms of ID to prove who I am or else they would not release the data.

 

Well, today I went into that branch, armed with tons of ID, and all they asked for was my passport, in fact they couldn't have been more polite. So, over they handed the statements in a plastic bag and off I trotted home. When I sat down and opened the bag, I found three confidential letters addressed to some other customers (whom I don't know), so much for security. I just popped them in the post box.

 

So, after spending the evening going through all the statements, my charges add up to a grand total of £2,995! Not massive, but plenty of money!

 

Prelim being prepared right now!

 

Just out of interest, a few of the charges in 2002 were only for £5, is it worth claiming these back?

 

Cheers!

Link to post
Share on other sites

AWC,

Go for the jugular..! :D

Would thay have charge you if you had gon o/d by £5..?????

I the answer is yes (whch it will be..) then don't just stick in the knife, twist it :mad:

'Do unto others as they have done to you..!' - I place no copright on that quote, so use it freely. :rolleyes:

Survivor :cool:

If you found my advice to be useful, then please click the scales to the left - Thank you.

 

Halifax - 13/01/2007 - Prelim sent

Halifax - 27/01/2007 - LBA

Halifax - 19/02/2007 - Filed N1

Halifax - 21/02/2007 - Telephone call from Halifax offering FULL SETTLEMENT (inc costs & 8% s.69) - RESULT!!

 

Advice & opinions given by Survivor 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.

Link to post
Share on other sites

AWC,

 

Go for the jugular..! :D

 

Would thay have charge you if you had gon o/d by £5..?????

 

I the answer is yes (whch it will be..) then don't just stick in the knife, twist it :mad:

 

'Do unto others as they have done to you..!' - I place no copright on that quote, so use it freely. :rolleyes:

 

Survivor :cool:

 

Can't argue with that! :D

 

Just out of curiousity, having now added up all my charges totalling £2,995 plus £616 (the statutory 8% interest to be added at court stage), there are also £316 in `Interest debited - notified last month', which is probably due to dipping into my overdraft. Can I claim this as well?

Link to post
Share on other sites

Can't argue with that! :D

 

Just out of curiousity, having now added up all my charges totalling £2,995 plus £616 (the statutory 8% interest to be added at court stage), there are also £316 in `Interest debited - notified last month', which is probably due to dipping into my overdraft. Can I claim this as well?

 

AWC,

Having read other posts on this site, I'm led to beleve that you can - I've submitted my claim with the 'interest debited - notified last month' included on the spread sheet. After all, if they hadn't levied the unlawful charges onto the account, I wouldn't have accrued any interest to be debited :!: - would you ??

When you read through the prelim letter, it states:

'...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..'

From this, I read it that you can add the interest that had been notified previously. I have to say that IMHO adding the interest is a pre-requisite to completing the claim, after all, in my case it's another £250 that they have taken from me - anyone else shed any light on this..??

If you found my advice to be useful, then please click the scales to the left - Thank you.

 

Halifax - 13/01/2007 - Prelim sent

Halifax - 27/01/2007 - LBA

Halifax - 19/02/2007 - Filed N1

Halifax - 21/02/2007 - Telephone call from Halifax offering FULL SETTLEMENT (inc costs & 8% s.69) - RESULT!!

 

Advice & opinions given by Survivor 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.

Link to post
Share on other sites

Right, just about to send my Prelim, got a few questions:

 

1) As discused with Survivor, can anyone shed any light on whether we should be claiming the 'interest debited - notified last month' and adding it to the spread sheet, because it makes a big difference to my claim (extra £396).

 

2) The account was shut over a year ago with -£1,250 balance, this amount was included in my IVA, so if I am successful, this refund will go to my IVA to help me become solvent. How will I get the money from Halifax if my account is closed?

 

Thanks!

Link to post
Share on other sites

Right, forget the first question as I am sorted on that one, but I do have another query - on the spreadsheet, which date is the `Claim Date'? Is it the date I send the Prelim letter?

 

Oh yes, and I have remembered to remove the interest etc at this stage and to re-apply it at N1 stage. :D

Link to post
Share on other sites

  • 4 weeks later...

Hi AWC,

Any progress with your claim - they've not had time to look at mine apparently. Filed N1 yesterday (Monday 12th Feb) - should served either Friday or Monday - just sitting back and waiting for the offer.. :D

Survivor :cool:

If you found my advice to be useful, then please click the scales to the left - Thank you.

 

Halifax - 13/01/2007 - Prelim sent

Halifax - 27/01/2007 - LBA

Halifax - 19/02/2007 - Filed N1

Halifax - 21/02/2007 - Telephone call from Halifax offering FULL SETTLEMENT (inc costs & 8% s.69) - RESULT!!

 

Advice & opinions given by Survivor 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.

Link to post
Share on other sites

Hi there Survivor, thanks for asking!

 

Well, not much progress. Prelim letter sent 3 weeks ago today for current account and credit card, should have sent of LBA last week but I just haven't had time, so I will do so today and give them 14 days before court action.

 

I haven't heard a thing regarding the current account (3.5k), but they did write back regarding the credit card (£400) and offered me £200 as a gesture of goodwill, obviously I will accept as part payment and pursue the rest.

 

Good to hear that you have filed your N1, means you are geting towards the end of the process and with a bit of luck they will see sense and pay up in full any day for you! :D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...