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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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    • If you are buying a used car – you need to read this survival guide.
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      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.  

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    • 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.

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      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
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EssJayDee vs Halifax ***SETTLED IN FULL***


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Hi all, firstly thanks for all brilliant help on this site and from all the users posting what theyve done already - its helped give me a lot more confidence to go ahead and do this!

 

just about to send the Data Protection Act letter off to them, will be very interesting to see how much theyve charged me over the last few years. im banking on about £600.

 

Just received a lovely letter from them listing charges for every action they take for me in the future.... they should talk to BT about their phone charges cos at the moment apparently its going to cost them £10 everytime they call me, which of course i get billed for, as well as every other action on the planet, im sure i'll be told soon im paying for them to go have a cr*p at lunchtime! I quite hope they try and rinse me for tons, it'll just make it more enjoyable when i get it back!

 

i shall keep u all posted with whats happening with mine! fingers crossed!

 

thanks again for all the info everyone else has given about their cases, its helped a lot :-)

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just had a nice phonecall from them telling me to pay off the money that im over my overdraught with, when i explained i had been made unemployed and i wouldnt be able to do that currently, i was met with a very cold "well u have to".... charming for a customer thats been with them since i was 5 years old!

 

they then told me to get someone else to pay it for me, and when i said well i cant do that im afraid they told me again "well u have to"...

 

basically all in all i got told "there's nothing we can do etc etc, and you will continue receiving very high charges blah blah blah"

 

told her about the letter they would be receiving soon but she said "u can send anything you like it wont make any difference"...

 

makes me get all the more excited about taking them on! :lol: :lol: :lol: :lol:

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Just read your thread again,

 

 

Sounds like you got a real B*tch on the phone at Halifax!!!! Does my tree in how they think they can treat people! You need to remember all this when you're taking em to court for 6 years of bank charges and they're trying to buy you off with little amounts and you can tell them to stick it!

 

Stories like this really get my blood boiling about Halifax! I was in a similar position to yourself and asked them for help and they just dont give a sh*t!

 

You're in the right place Essjaydee... My only advice to you would be to if you haven't already read all the FAQ's: http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?f=5 and digest as much of other peoples threads as you can and next time they call you giving you sh*t - "Ask them if they can justify and give you a break down of the bank charges" and you'll get a bumbling screen reading muppett suddenly run out of script! Idiots! (Rant Over)

 

Good Luck Bro & Dont take any sh*t. That money is rightfully yours!

 

Peace :cool:

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thanks a lot for the advice

 

have already read tons of other peoples posts, its just so annoying how they think they can treat people.

 

have read a lot of the FAQ stuff and other info on here, its a lot to take in, but luckily a good friend is about to graduate from law school, and has recently been studying all this kind of thing, so have got him on board to help out.

 

i stayed pretty calm with the b*tch on the phone, didnt want to get into a war of words, and didnt say anything about the charges being unlawful etc, thought id wait til theyve got my letter before i really lay into them.

 

after being a customer of theirs for so long its hard to believe they cant give me a bit of breathing space until i can pay the overdraught back, they want you to pay back the money, yet they keep adding more and more ridiculous charges to it making it all the more hard.

 

forgot to mention that the lady who phoned me this morning also told me that i should use any benefit money i get while im unemployed to pay the money back, i guess the halifax evil robot workers dont need to eat. :-x

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forgot to mention that the lady who phoned me this morning also told me that i should use any benefit money i get while im unemployed to pay the money back, i guess the halifax evil robot workers dont need to eat. :-x

 

 

Thats really bad that! I dont know where they get off! :mad:

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forgot to mention that the lady who phoned me this morning also told me that i should use any benefit money i get while im unemployed to pay the money back, i guess the halifax evil robot workers dont need to eat. :-x

 

:-x Words fail me, as if you would have enough when on benefit anyway! I don't know why but the Matrix comes to mind when I think of these blood sucking leeches!

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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forgot to mention that the lady who phoned me this morning also told me that i should use any benefit money i get while im unemployed to pay the money back, i guess the halifax evil robot workers dont need to eat. :-x

Did you get her name? Did you ask her if she was above the law? Did you tell her that the government told you your benefits are the minimum amount you have to live on ? (and not in fact the money you should set aside to pay towards bank profits?)

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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I cant believe what i'm reading!

Halifax -

LBA sent 12/05/06 for £1,232

 

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Did you get her name? Did you ask her if she was above the law? Did you tell her that the government told you your benefits are the minimum amount you have to live on ? (and not in fact the money you should set aside to pay towards bank profits?)

 

i didnt rise to her pathetic level of incompetance and stupidity, the best way to get back at them at the end of the day is to get all the money back im owed. that will be sweet day if it comes! :)

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Just had another 3 calls from them in the last two days, telling me that i had to pay back the money or i would lose the whole overdraught of £1500 and have to pay it all back immediately... can they actually do this?!

 

i explained that i could pay back the £100 over my overdraught which they want, if they could take off the charges for this month, which i was rudely told no thats impossible to do.

 

so even if i somehow manage to get £100 i already have another £90 from this month, and somehow (i dont know how) they have already started putting charges onto the month of June, how the hell that works i dont know seeing as the charges they are applying are for failed DDs.... and im pretty sure u cant charge for that until hmmmm... it actually happens maybe! unless they are employing a psychic now.... :mad:

 

they just create a never ending cycle of debt which is impossible to lift, cant wait to take these b*stards down.

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You obviously dont use our branch I can only say they are human in there, they even told my wife to come in and see them to upgrade our account (obviously they havent heard that we are claiming yet ) LOL:D :D

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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had yet another call this morning from them.

 

i'm not sure what i can do, but can this be referred to as harassment, they are now calling almost every day without fail threatening more and more each time.

 

thing is last 2 times i have spoken to them they said to contact the citizens advice bureau about freezing the interest on my account, which i have done and am waiting for a response, yet they cant seem to wait and keep calling anyway which is really not good enough in my opinion - even today (saturday) - how do they expect anything to get done on a weekend for gods sake!? :-?

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hi guys,

 

would like some advice with regards to my last post.

 

have now been called the last 5 days in a row early in the morning by the same person demanding payments being made or else a default will be issued and my overdraught will be cancelled in one go.

 

on several mornings i wasnt here and as i still live with family when she was told i was out, hung up immediately on them.

 

i finally spoke to her today in which she laughed at me on the phone, said she was not prepared to let me speak to a manager when i asked for one, refused to give me her surname also when i asked for that, and was just all round threatening to me, before slamming down the phone while i was in mid sentence.

 

i am now waiting on her manager calling me back after making yet another phonecall to the halifax.

 

just wondered if there is any action that can be taken against threatening and harassing calls like this?

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hi guys,

 

would like some advice with regards to my last post.

 

have now been called the last 5 days in a row early in the morning by the same person demanding payments being made or else a default will be issued and my overdraught will be cancelled in one go.

 

on several mornings i wasnt here and as i still live with family when she was told i was out, hung up immediately on them.

 

i finally spoke to her today in which she laughed at me on the phone, said she was not prepared to let me speak to a manager when i asked for one, refused to give me her surname also when i asked for that, and was just all round threatening to me, before slamming down the phone while i was in mid sentence.

 

i am now waiting on her manager calling me back after making yet another phonecall to the halifax.

 

just wondered if there is any action that can be taken against threatening and harassing calls like this?

 

Yes I saw in one thread somewhere in here that you can complain to your telephone provider.....also it wouid be better to ask them to comunicate with you by letter then you have the proof to take any other action you wish to

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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ok latest update....

 

after many more harassing phonecalls did some research and found that under the Administration of Justice Act 1970 it is illegal to conduct such harassment and threatening behaviour, which i have reported to the Halifax but was told that this isnt true, so i shall be making a report to the financial ombudsman about this.

 

have spoken to a manager (finally) who was equally rude and instead of listening to my complaints just told me what i had to do, or else this and that was going to happen etc (more threats).

 

wrote a letter to my branch manager complaining further so fingers crossed will get a satisfactory reply.

 

just received a standard reply to the DPA letter stating i will receive my statements no later than June 20th. Be looking forward to receiving them!

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I think you can send them a DPA asking for transcripts or recordings of the two conversations in question.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

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Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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I can't believe that. Because of charges I keep ending up about £200 - £300 overdrawn. This month I got one phone call, he asked me if I knew I was overdrawn and I said yes and that it would be repaid by the end of the month, he made a note of that and I have recieved no further calls as yet.

 

Last time I went majorly overdrawn, I'd lost my job, they were a little pushy, trying to get payment, asking if I could get somebody else to pay it too, but generally polite and not too ignorant. They came to an arrangement with me where they called me once every 5-7 days, and stopped some charges while I tried to pay it off.

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I can't believe that. Because of charges I keep ending up about £200 - £300 overdrawn. This month I got one phone call, he asked me if I knew I was overdrawn and I said yes and that it would be repaid by the end of the month, he made a note of that and I have recieved no further calls as yet.

 

Last time I went majorly overdrawn, I'd lost my job, they were a little pushy, trying to get payment, asking if I could get somebody else to pay it too, but generally polite and not too ignorant. They came to an arrangement with me where they called me once every 5-7 days, and stopped some charges while I tried to pay it off.

 

yeah finally when i spoke to the manager she explained i could try to make an arrangement to pay off a 'token' amount each month and then they would freeze the charges for the time being, trouble is when i asked what a 'token' amount is they said well u have to say and then we will let u know if thats enough.... why cant they just say whats enought to begin with?!?! supposedly (as i was told by a friend who is a lawyer) i can offer £1 a month! might try that see what happens!

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supposedly (as i was told by a friend who is a lawyer) i can offer £1 a month! might try that see what happens!

 

I got an agreement at £10 a week. The reason they get you to name an amount is so that they can attempt to haggle with you to increase the amount, whereas if they named an amount you could attemt to haggle with them to reduce it, hence they will often get higher payments from consumers using the former method.

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Essjaydee,

 

How much are you claiming back? I know that you are awaiting your DPA results, but roughly, is it more or less than your overdraft?

 

If you are claiming more back, then just tell the next person who phones up, that they amount is in dispute and that you will not, under any circumstances be paying any of it back until the dispute is resolved to your statisfaction.

 

If you claim is less than your OD, then tell them that £(your claim amount) is under dispute, and that you will settle the remainder at a rate of £x per month until it is cleared.

 

Also, have you opened a parachute account yet?

 

Keep us posted

 

Neil.

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We are currently working on the specifics of a letter regarding this harassment for our own templates library. You might wish to use the following, but also be prepared to follow this up with a written complaint to the departments mentioned in it.

 

Good Luck

 

***********************************************************

 

 

Your Street

Town

City

Postcode

 

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1970.

 

If you continue to harass me by telephone, you will also be in breach of the Wireless Telegraphy Act (1949) and I will report you to both Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

NAME HERE

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Man oh man ! how are you putting up with this crap !!

 

In addition to complaing to Trading Standards and The Office of Fair Trading, I think I would be tempted to report this harrassment to the

 

POLICE !!!

 

Send a letter to your Chief Constable ( copy the Halifax ) and ask him to slap an ASBO on the Halifax, This call centre person needs one of those trendy ankle bracelets on.....

 

I really feel for you, if I was on the end of this I would have paid for a drive-by by now ....

 

Keep your spirits up, everbody who reads your posts, is probably mortified by this, I know I am

 

Mercedes

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Man oh man ! how are you putting up with this crap !!

 

In addition to complaing to Trading Standards and The Office of Fair Trading, I think I would be tempted to report this harrassment to the

 

POLICE !!!

 

Send a letter to your Chief Constable ( copy the Halifax ) and ask him to slap an ASBO on the Halifax, This call centre person needs one of those trendy ankle bracelets on.....

 

I really feel for you, if I was on the end of this I would have paid for a drive-by by now ....

 

Keep your spirits up, everbody who reads your posts, is probably mortified by this, I know I am

 

Mercedes

 

Quite franky nothing new surprises me anymore them so called customer relations have got no idea about customer relations,

try this guy

Mr. James Crosby - Chief Executive

Executive Office

Halifax PLC

Trinity Road

Halifax

HX12RG

Tell him you dont want it passed on to customer relations you want him to sort it personally

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Thanks for the replies guys!

 

Will send off that letter template ASAP, good stuff!

 

Just received my statements back today - 7 evelopes stuffed full... should keep me busy for a while!

 

Will update as soon as i have worked out how much they owe!

 

Thanks again everyone for the kind words and help you have given :D

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