muggins73 v Halifax

[emmaf01]

Funny enough banks used to have that effect on me- until I started getting my money back! Now I am happy to think that THEY start foaming at the mouth when they hear MY name.

[muggins73]

Well guys, I've finally had a copy of Halifaxs defence through via the court along with my AQ form and jargon about court mediation services. There is now a rather formal looking reply form that you have to fill in and if you do not want to try the ediation service then you may be required to attend court to explain your refusal!!!!!

 

Has anyone actually gone through the mediation service and if so, was it effective..did you get your money any easier? If not, exactly what excuse shall I give on the form?

[**Tilly**]

hi ya muggins how you doing found this it might be of some help

Mediation - a bad idea

[sallysas]

I have said no on 2 occasions at at least!!!! Send me e-mails before 07/08/07 Tuesday if you want advice otherwise listen to advice here, Sally

[muggins73]

hi ya muggins how you doing found this it might be of some help

 

Mediation - a bad idea

 

Thanks hun, just what I'm looking for. Have snotted ya, just 'cause your nice!!!!!

 

I have said no on 2 occasions at at least!!!! Send me e-mails before 07/08/07 Tuesday if you want advice otherwise listen to advice here, Sally

 

Have every intention on saying NO to, but just wanted to see whether or not mediation actually helped. The survey says.....uh-uh!!!!!!

[stonedecroze]

Well, that sounds like a plan.

 

Will do, thanks emma:)

 

 

I have just kept annoying Howard, writing asking for clarification on stupid details. It took 103 days to get statements after gettin in touch with Information Commissioners Office twice. have asked for copies of all letters sent to me and original t&cs. doesn`t get anywhere but every letter feels like giving him

in return for the ones I`ve had. It is not constructive but make s ME feel better.

 

just keep smiling muggins we all gonna win in the end

 

[TUTTSI]

Hi Muggins

How are you!

Mediation has never worked for me it is too one sided. Who is the mediation through!

DSxxx

[muggins73]

I have just kept annoying Howard, writing asking for clarification on stupid details. It took 103 days to get statements after gettin in touch with Information Commissioners Office twice. have asked for copies of all letters sent to me and original t&cs. doesn`t get anywhere but every letter feels like giving him

in return for the ones I`ve had. It is not constructive but make s ME feel better.

 

just keep smiling muggins we all gonna win in the end

 

Thanks stonedecroze,

Yep, more often than not, it feels as thought you are banging your head against the wall when all you'd rather do is bang theirs!!!!!!

We will all get our just desserts soon enough, lets hope with this OFT test case malarkey it'll be sooner rather than stayed!!!!

 

Hi Muggins

How are you!

Mediation has never worked for me it is too one sided. Who is the mediation through!

DSxxx

Well hello there m'lady:D

I'm okay, gearing up for the next instalment of visitors. I've just had my best friend and her daughter stay with us for the week, whom went home Saturday morning. I've got my partners friend from Norway coming to stay with us until the 16th, when my daughter goes into hospital to have her tonsils removed. Then, on the 17th, when she is allowed home, i've got my friend and her daughter coming from Cambridgeshire until the 21st or is it the 22nd? I've lost it, they get here and go, when they get here and go!!! How's hubby doin? His eyes must be feeling a tad better by now. Let's hope so, as I don't think any of us will be seeing the sunshine for much longer as it's September in a few weeks and that has gotta mean rain!!! I'm certain with the way our weather system is sooo screwed it wouldn't surprise me if snow is forecasted!!!!

 

I had no intention of actually opting for mediation unless, that is, unless it was a quicker way of getting me money back!!!!! Just completed my AQ with the Draft order for directions attached, along with an EX160 form for a fee remission (as times are exceptionally hard). I've also completed the Mediation Scheme reply form and attached a Mediation Service Letter of Refusal to boot. Now I've gotta sit back and wait for the good ole judgy to 'direct' me:lol:

 

Anyways, it is a pleasure to hear from you.

[**Tilly**]

gawd muggins did you actually draw breath when you wrote that lol thanks for my snotty click

[muggins73]

If you think that's long then you should see my post in the following thread

http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits-23.html

 

I've been having a stressful week, and it aint over yet:( it appears that my glass carriage is about to turn back into a pumkin as it gone past 12midnight!!!! Where does the bloody time go, no-one seems to have the foggiest!!!!!

 

Pleasure hun, snots where snots are deserved:D

 

Nite, nite.

[stonedecroze]

http://www.consumeractiongroup.co.uk/forum/general/107764-claiming-back-bank-charges.html

[muggins73]

http://www.consumeractiongroup.co.uk/forum/general/107764-claiming-back-bank-charges.html

 

A fellow comrade steven4064 is helping to point this poor peson in the right direction me thinks.

[TUTTSI]

Helo M'dear

 

Thanks for your concerns about hubbys eyes, unfortunately, not good news he had further surgery last week for a detatched retina and now we are unable to fly for 6 weeks at least. Still hopefully, Moorfields have probably saved his eye.

 

You are certainly busy with visitors, so good job we did not desend on you as well, we were deciding on the New Forrest for a few day break but then decided on Eastbourne.

 

It is also good that your daughter will have those tonsils removed, she will feel a lot better after. Do they still give icecream after the op!! I certainly remember getting icecream when I woke up from having my Tonsils out.

 

Look forward to hearing your news from your court hearing!

Regards

DSxxxx

[muggins73]

I'm sooo sorry to hear about hubbies eyes:(, gosh if it doesn't rain it pours hey? Let's hope that this is the last time and he'll be on the mend for good.

 

Shame that you've opted for Eastbourne and not the NF, neither of which are that far from where I live. Anyways, maybe another time...after all, we still have crimbo!!!!

 

Nope, apparently they try and give you toast now in order to scrap all the gunge off of them!!!!! Gone are the days of getting a bit of tlc in hospital:D

 

Will let you know how things are progressing with Halifax. My mum is coming round to the idea of getting some money together so I can finally commence court proceedings against Lloyds on her h=behalf. it seems like an ice age has passed since I sent them the LBA. Failing that, I may be going after Abbey soon with the new argument against taking our benefit money to pay for charges. Their incompetence is beyond me so much so that I'm really beginning to lose my rag:mad: See here for the low down post #459, I'm sure I'd laugh if I wasn't so cross!!!

http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits-23.html

 

Have you managed to get you poc's off yet, or are you still dilly-dallying!!!!!

[kennythecelt]

motivation

 

http://www.consumeractiongroup.co.uk/forum/general/109416-barclays-refused-stay-we.html

[TUTTSI]

I'm sooo sorry to hear about hubbies eyes:(, gosh if it doesn't rain it pours hey? Let's hope that this is the last time and he'll be on the mend for good.

 

Shame that you've opted for Eastbourne and not the NF, neither of which are that far from where I live. Anyways, maybe another time...after all, we still have crimbo!!!!

 

Nope, apparently they try and give you toast now in order to scrap all the gunge off of them!!!!! Gone are the days of getting a bit of tlc in hospital:D

 

Will let you know how things are progressing with Halifax. My mum is coming round to the idea of getting some money together so I can finally commence court proceedings against Lloyds on her h=behalf. it seems like an ice age has passed since I sent them the LBA. Failing that, I may be going after Abbey soon with the new argument against taking our benefit money to pay for charges. Their incompetence is beyond me so much so that I'm really beginning to lose my rag:mad: See here for the low down post #459, I'm sure I'd laugh if I wasn't so cross!!!

http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits-23.html

 

Have you managed to get you poc's off yet, or are you still dilly-dallying!!!!!

Hiya M

Dilly Dallying maybe, but precious time to and from Moorfirlds has taken up soooo much time, normally arround 4 hours plus travelling, and inbetween I do work. My new job is very demanding and I am fighting to keep up with the paperwork. Thursday will be an easier day for me as I am only going into work for a half day so I guess I will have some time for letters then. Also, I am still not sure whether to do the AOP or the way that you did but time will tell!!

 

Speak to you soon.

Regards

DSxxxx

 

ps Eastbourne is miles from you!! I would have thought.

[muggins73]

Finally received something from the court today.

 

My GENERAL FORM OF JUDGEMENT OR ORDER READS AS FOLLOWS:

 

In the BOURNEMOUTH CC

 

Upon reading the file and upon it appearing that the issues in this case are to be considered in litigation commenced by the OFT against certain banks in the High Court of Justice....And Upon the Court of it's own initiative pursuant to CPR Part 3.3.

 

IT IS ORDERED THAT

 

1. The claim be stayed forthwith pending the final determination of the OFT test case. Such final determination shall include any appeal.

2. Permission to apply to lift the stay or to set aside or vary this order within 28 days of the service of the same. Any application shall be on notice to all other parties and shall be supported by a statement setting out why this claim should proceed before the final determination of the OFT test case. Any such appliaction shall be listed before the Designated Civil Judge (in my case DISTRICT JUDGE HURLEY) sitting at Winchester unless specifically released by him.

 

BIG FAT BUMMER!!!!

 

Is it enough to ask the judge to lift the stay due to the fact that this is not yet a universal decision, and not all courts are following suit?

[TUTTSI]

Finally received something from the court today.

 

My GENERAL FORM OF JUDGEMENT OR ORDER READS AS FOLLOWS:

 

In the BOURNEMOUTH CC

 

Upon reading the file and upon it appearing that the issues in this case are to be considered in litigation commenced by the OFT against certain banks in the High Court of Justice....And Upon the Court of it's own initiative pursuant to CPR Part 3.3.

 

IT IS ORDERED THAT

 

1. The claim be stayed forthwith pending the final determination of the OFT test case. Such final determination shall include any appeal.

2. Permission to apply to lift the stay or to set aside or vary this order within 28 days of the service of the same. Any application shall be on notice to all other parties and shall be supported by a statement setting out why this claim should proceed before the final determination of the OFT test case. Any such appliaction shall be listed before the Designated Civil Judge (in my case DISTRICT JUDGE HURLEY) sitting at Winchester unless specifically released by him.

 

BIG FAT BUMMER!!!!

 

Is it enough to ask the judge to lift the stay due to the fact that this is not yet a universal decision, and not all courts are following suit?

 

Hi M,

Do you have any grounds for a stay to be lifted, ie do you receive benefits into this account, I worked out on my Abbey claim that quite a high percentage of the charges against were in relation to benefits. I am considering writing to the court advising that this has already caused me great financial hardship! - but not sure yet what my court is going to do!.

I do know one case that is due there next week so I will be all ears and deal with it accordingly.

 

I am sure if you want to try getting the stay lifted Zoot has done a wonderful template for this but I think that it costs £35. I have read that some peeps are managing to get stays lifted, so itb is down to individual courts.

 

Did your daughter have her tonsils out and is she OK.

 

Oh, still have not done anything about our Halifax claim, still debating what to do. We have waited so long, another week or two wont make any difference at the moment.

 

Best wishes

DSxxxx

[stonedecroze]

Hi Muggins, I have just applied for stay to be set aside using grounds that Howard is using prior knowledge of OFT case and been draging feet on purpose, and is abusing judicial system, I have also pointed out how many cases have been settled since announcement and are very reluctant to go to court. take a look at my thread a full copy of letter is posted there. it may help you , you are quite free to copy and edit it to suit yourself.

 

 

stonedecroze v halifax 2

[muggins73]

Hi M,

Do you have any grounds for a stay to be lifted, ie do you receive benefits into this account, I worked out on my Abbey claim that quite a high percentage of the charges against were in relation to benefits. I am considering writing to the court advising that this has already caused me great financial hardship! - but not sure yet what my court is going to do!.

I do know one case that is due there next week so I will be all ears and deal with it accordingly.

 

I am sure if you want to try getting the stay lifted Zoot has done a wonderful template for this but I think that it costs £35. I have read that some peeps are managing to get stays lifted, so itb is down to individual courts.

 

Did your daughter have her tonsils out and is she OK.

 

Oh, still have not done anything about our Halifax claim, still debating what to do. We have waited so long, another week or two wont make any difference at the moment.

 

Best wishes

DSxxxx

 

Hi ya DS.

Unfortunately, this account was closed many moons ago, so our benefits are not paid into this account. Howevr, we are facing an indefinate lull in our finances at present, so much so that buying the weekly shopping is becoming increasingly difficult!!!!

I too have written to Abbey due to the amount of charges they've levied on our account, quoting the social security & tax credits acts at them, to no avail:mad: If I remember correctly, they to are putting a hold on things until the outcome of the OFT test case.

On a much lighter note, my daughters tonsils are out (along with her adinoids), its been a long ole slog, but she is fully recovered and was permitted to mix with others on the 30th of Aug, which just so happened to be the day of her 5th birthday!!!

 

Already cut n' pasted Zoots template, and am currently contemplating whether or not we can actually afford £35, when everything is so much up-in-the-air.

 

With ref. to your Halifax claim, you're absolutely right, there is no need to rush anything in light of the OFT thingy bob.

 

How's hubby doin', anyways?

Hi Muggins, I have just applied for stay to be set aside using grounds that Howard is using prior knowledge of OFT case and been draging feet on purpose, and is abusing judicial system, I have also pointed out how many cases have been settled since announcement and are very reluctant to go to court. take a look at my thread a full copy of letter is posted there. it may help you , you are quite free to copy and edit it to suit yourself.

 

 

stonedecroze v halifax 2

 

ta very much stonedecroze, will definately have a butchers:)

[muggins73]

Hi Muggins, I have just applied for stay to be set aside using grounds that Howard is using prior knowledge of OFT case and been draging feet on purpose, and is abusing judicial system, I have also pointed out how many cases have been settled since announcement and are very reluctant to go to court. take a look at my thread a full copy of letter is posted there. it may help you , you are quite free to copy and edit it to suit yourself.

 

 

stonedecroze v halifax 2

 

Beat you to it and have already c&p'd the template onto word. just contemplating my next move.

[stonedecroze]

Already cut n' pasted Zoots template, and am currently contemplating whether or not we can actually afford £35, when everything is so much up-in-the-air.

 

If you are on income related benefits you do not have to pay fee. Courts have form to fill in and you have to take proof of benefits with it. Have a look here as well for N244 letter Castelbest II - Return To The Claims cant get link to work but it is in Barclays forum

[muggins73]

Already cut n' pasted Zoots template, and am currently contemplating whether or not we can actually afford £35, when everything is so much up-in-the-air.

 

If you are on income related benefits you do not have to pay fee. Courts have form to fill in and you have to take proof of benefits with it. Have a look here as well for N244 letter Castelbest II - Return To The Claims cant get link to work but it is in Barclays forum

 

I know this, as I have been around for a wee bit:D, unfortunately this does not apply to the benefits my partner and I receive, at best I may have it reduced by a fraction, which is better than a kick in the teeth, but it takes awhile.

[stonedecroze]

I know this, as I have been around for a wee bit:D, unfortunately this does not apply to the benefits my partner and I receive, at best I may have it reduced by a fraction, which is better than a kick in the teeth, but it takes awhile.

 

I wasn`t trying to offend you, LOL but sometimes we miss the obvious, I know I have.

But dont give up trying cos you will find that as one door closes another will slam in your face. LOL

[TUTTSI]

Hi M

Gosh that is a coincidence your daughters birthday and my sons are on the same day only difference my son is now 27.

 

Yes Hubby is is slowly getting better, he has had 2 eye ops and many visits back to Moorfields, because the drops they gave him to make his eyes better had side effects. Also, my son is also OK at present following his kidney stones episode, he is down for surgery towards the end of September and then may it be the last of his pain.

 

There is no guarantee that the courts will lift the stay, but if you could put in a heart rendering argument just maybe the DJ will lift the stay for you, I have notices that peeps have managed to do this from reading arround. There does not seem to be any hard or fast rule and also the Master of the Roles did not blanket stay these claims. I believe it is against the Human Rights not to have the case heard.

 

All the best,

DSxxxxx