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alexifa

Help amending POC please.

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I'm at the AQ stage with Halifax over charges to three current accounts and a credit card account. After filing acknowledgement of service, Halifax offered the full amount to settle all three claims. I accepted subject to the late payment markers on my credit files being removed. There are 15 such marks on my Equifax record, all of them being one month late and every one is in a month where I have had charges. These are not for a loan but for being over my overdraft limit, 95% of the time by less than the amount of charges.

 

I spoke to Halifax Legal Services and was told that they would pay the money and take 7 days to investigate the charges / late payment markers. Received a defence the other day stating that the defendant has paid the full amount without admission of liability and asking that the rest of the claim be struck out as "...the particulars of claim do not disclose any legally recognisable claim against the defendant..."

 

It is true that my particulars of claim for this part of the claim simply stated that I required removal of the adverse data.

 

What do I do about this now that the charges side has been settled? Do I need to amend my particulers of claim to include reference to Data Protection Act 1998 - Section 14. - (1) If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data..

 

I don't see how I can win this if the charges issue is now ignored. The basis for this part of the claim is that the unlawful charges caused me to be over my overdraft limit and so my ability to get credit is adversely affected by the actions of the Halifax.

 

How do I stop Halifax from splitting this claim into seperate parts when the one is integral to the other's success?


HSBC

7th October 2006 - Prelim for £3078

24th October - LBA

7th November - Claim filed

11th November - Acknowledged with intent to defend

11th December - Defence filed

16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

 

Halifax

7th October 2006 - Prelim for £3427

24th October - LBA

3rd November - Offered £913

3rd November - Accepted as partial payment

7th November - Claim issued

21st November - Acknowledged with intent to defend

11th December - Offered full amount but no late payment removal

4th January - SETTLED + removed adverse credit info

 

A & L

19th October - Prelim for £540

26th October - Offered £358

2nd November - Accepted as partial payment and LBA

27th November - SETTLED + removed adverse credit info

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Checked my Equifax record today and Halifax have reset my history to all greens. This is after they went to the trouble of issuing a four page defence solely on this part of the claim having settled the rest. Also after several phone calls to the legal dept who confirmed that they could not do this!

 

Unbelievable! I had just about decided to give up and take the money.


HSBC

7th October 2006 - Prelim for £3078

24th October - LBA

7th November - Claim filed

11th November - Acknowledged with intent to defend

11th December - Defence filed

16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

 

Halifax

7th October 2006 - Prelim for £3427

24th October - LBA

3rd November - Offered £913

3rd November - Accepted as partial payment

7th November - Claim issued

21st November - Acknowledged with intent to defend

11th December - Offered full amount but no late payment removal

4th January - SETTLED + removed adverse credit info

 

A & L

19th October - Prelim for £540

26th October - Offered £358

2nd November - Accepted as partial payment and LBA

27th November - SETTLED + removed adverse credit info

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