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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Scottish small claims procedures


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HI, i am new of this halifax forum (but old on HSBC who am in process of claiming against!!).

 

I am in process of starting a claim for my Scottish boyfriend, based in Edinburgh against Halifax. We have already done DPA request and he looks to have approx £600 worth of charges over past 6 years, is it right though in scotland the statute of limitations says 5 years only?:confused: Can someone please direct me to the scottish procedure for claiming, i am presuming it is fairly similar to England in any event?

 

Any tips for Halifax... they certainly seem to bleed you dry charges are unreal! :eek:

 

thanks x

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Thanks. Do you use the same prelim and LBA as for England & Wales (templates on forum) & also if under 750 are proceedings still in small claims court? am slightly confused by scottish civil court system!

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Hello sarrahk,

 

Yes, use the same letters. Also, the limit in Scotland is £750, so you will be fine in Small Claims.

 

The limitations issue is a bit unclear at the moment, but in general, yes, the limitation in Scotland is 5 years. You could always go after Halifax in England.

 

Everything you need to know about Small Claims in Scotland can be found here: [linkhttp://www.scotcourts.gov.uk/sheriff/small_claims/index.asp[/link]

 

Good luck, and don't forget to keep us posted on your progress.

 

also, I think this post is more of a 'Scottish' post than a 'Halifax' post, so I'm moving it to the Scottish forum.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Thanks. I am confused though,:???: sorry if i am being dumb, if the account was opened & held in Edinburgh at Halifax BOS, doesnt the claim need to be filed through sheriffs small claims court or could it be done thorugh money claim in England?? Very confusing!

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If he's in Edinburgh, you should use Scottish Small Claims. you cannot use moneyclaim for this.

  • Confused 1

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Just address it to the bank, at their registered office. Their mailroom will direct it themselves. As a consumer you're not expected to know individuals within the organisation.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Great and can you 8% interest in sheriffs court as you can in county court? I can see looks like you recovered charges + interest??? It is not very clear in guidance notes! Did you have to go all way through to court hearing stage or did they pay up once you issued paperwork?

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Halifax and Abbey bottled out before it got to court. Natiowide was different because they were suing me.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Received a standard letter from Halifax in response to prelim.. saying it may take 4 weeks to investigate! I presume i just stick to my timetable as usual, i dont have to wait 4 weeks do i before i can send the LBA?!

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Absolutely. Your claim, your deadline. You need to keep the initiative.

 

Don't forget to keep us posted on your progress.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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We today received a shocking offer of a mere £96 from halifax!! Goodness knows how they arrived at that figure.. its not even a fifth of the claim!! I am speechless!! :o

 

They also gave their standard blurb of how they are entitled to levy charges but they will not provide us with a breakdown of costs!

 

Anyway do we write and accept this as an interim payment and state that we will pursue for the rest still or do we just point blank refuse such a shocking amount!! HELP PLEASE! :-|

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If it were me, I would respond as follows:

 

Dear sirs,

 

Thank you for your letter of xxxxxx. I note all that you say. I do not accept your offer.

 

Yours faithfully.

 

Then get on with your court claim.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Is that not a little blunt?! I suppose it cuts to chase. I am presuming i must still send the LBA, as the last letter was only the prelim and expiry for that is next week? I thought it best to wait the full two weeks for the prelim though as that is what i said i would do before sending LBA, what do you think?

I will send interim response however!

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It may be blunt, but it says exactly what it needs to. They know what they have to do in order to avoid a court case, so the rest is up to them. You could write screeds and screeds, but all that does is give them an opportunity to enter into a debate with you, which you don't want.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Good for you.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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  • 2 weeks later...
  • 1 month later...

long time no post i know.. unfo i have been away holidaying in italy (poor me!)

 

anyway, returned last week to note that NO reply received whatsoever from halifax to LBA sent! Shocking! They have had 4 weeks given we were away! Anyway my boyf is bit nervous about going straight for jugular and taking them to sheriffs court so i have agreed to put together a final harsh letter for them allowing further 14 days... (gives me enough time to put from together) before we go for it!

 

Can someone point me in direction of correct forms to use for scottish proceedings and is there a template? thanks Sarrah

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Hi Sarrah. Sorry - just a bit confused.. Am I right in thinking you have already sent them LBA, and now you are giving them ANOTHER two weeks..?

 

If I am right, PLEASE DON'T do this. Stick to the timetable you have set down, otherwise you are making empty threats. If their LBA time is up, it's time for action on that date...

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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well another twist.. On Sat just received another offer letter (very overdue) of £270 which is obviously still short of the full amount, is the standard thing to write to say we accept this as an interim payment but will pursue you for the rest? or do we just straightforward decline, dont want to lose this money obviously??

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Say thanks, but we'll be persuing you in court for the rest.

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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

 

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