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    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
    • hahah except I can't locate the courier to frighten them with it hahaha   
    • Dx100uk according to the ICO office, who I spoke to at some length earlier today after getting the email from the court, Equita are the data controller if they have instructed the contracted EA. The ICO have noted the case, and stated very clearly that the court has the higher standing in terms of dealing with, and punishing either party if they fail to adhere to the district judges order and any action they take will not be criminal.    but they also stated very clearly that with what I’ve told them, and on the basis of accepting what I’ve told them as gospel (which it is with written confirmation from both the courts and the police) then there is some major red flags being raised on both sides with them blaming each other.    they’ve advised me to essentially keep my powder dry until there is a charging decision and an outcome from the seperate proceedings with the EAC2 complaint, and then come back to them with the case and they will be in a stronger position to act against Equita and the EA as there will be established facts and evidence that have already been laid before a court.     
    • urm.. i seem to recall another assault case whereby the approved bailiff company claimed the body camera was nor theirs but a pers one of the bailiff, i think they got in serious trouble for it. i believe that breaks certain gov't approval for a bailiff company/firm regulations/laws  if memory serves me right?
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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noodledoodle vs Halifax Card Services


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Some useful links..

FAQ’s

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

Step by Step Guide

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/65568-simple-guide-reclaiming-bank.html#post559793

Donation

http://www.consumeractiongroup.co.uk/sitemap.php

A-Z Guide to stuff

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/53241-cant-find-what-youre.html

How to Start a Thread

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/13182-how-make-posts.html

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=84

Letter Templates

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

Rejection of Settlement/Goodwill Gestures

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

Interest Spreadsheet

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

Contractual Spreadsheet

http://upload2.net/page/download/KH5DXXfx6GF1KzW/Copy+of+16_Throughout_cla im_with_compounded_contra ctual_interest.xls.html

Court N1 form

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

Court Bundle

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

Preparing a Court Bundle

http://www.consumeractiongroup.co.uk/forum/barclays-bank/29032-help-preparing-court-bundle.html

Bank Contact Details

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html

Moneyclaim Online

https://www.moneyclaim.gov.uk/csmco2/index.jsp

AQ Guide to Completion

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html?highlight=allocation

Court Fees

http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm

Data Prot Act Non Compliance

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

ERC Letter for Mortgages

http://www.consumeractiongroup.co.uk/forum/post-432747.html

Witness Statements for Court Bundle

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-etc.html

Banking Code website

http://www.bankingcode.org.uk/faq.htm

Limitations Act

http://www.consumeractiongroup.co.uk/forum/statutes-library/415-limitation-act-1980-a.html

fast track costs

http://www.consumeractiongroup.co.uk/forum/general/22383-fast-track-costs.html#post174519

Scottish Procedure

http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html

Scottish Forum

http://www.consumeractiongroup.co.uk/forum/scotland

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  • 3 weeks later...

LBA sent by Special Delivery today. (Haven't even had an acknowledgement of my prelim.) Also sent a copy by fax to their Customer Relations Dept which will hopefully speed things up.

12-03-07 Halifax Received £1800

05-06-07 Halifax II Small Claim Served for £2503

Capital One - Won £768

Halifax Credit Card - Won £756

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Just received acknowledgement from Royal Mail that LBA was received today.

 

Just realised I have been sending this info to Halifax Card Services at their address in Fife rather than the head office in Trinity Road.

Is this going to make a difference?

12-03-07 Halifax Received £1800

05-06-07 Halifax II Small Claim Served for £2503

Capital One - Won £768

Halifax Credit Card - Won £756

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Update for you all.

 

Recieved a letter yesterday offering £320 which they say is "Half the total charges applied to your account between February 2001 and July 2006."

 

I am claiming £712 from February 2001 - Current - so they have missed off nearly nine months to begin with.

 

Letter of partial acceptance going off to them now. I have a phone number to ring if I want to discuss it, but didn't get on very well when I spoke to Halifax before about my bank account - so would rather do this one in writing. I generally think of good things to say when the phone call has ended!!!!!

 

How do they normally react to partial acceptance?

12-03-07 Halifax Received £1800

05-06-07 Halifax II Small Claim Served for £2503

Capital One - Won £768

Halifax Credit Card - Won £756

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  • 1 month later...

Just received a letter from Halifax advising that they are paying me £769.26 made up of £640 bank charges £67.26 interest and £62 court fee.

They say they are advising the court that the claim has been settled in full.

 

However these figures do not stack up with my own which are £724 banck charges, £158.30 interest and £62 court fee. Total £944.30.

 

Is this normal to offer differing amounts at court stage?

 

I have sent Halifax a fax just now telling them I would accept as part payment but will continue on for the rest and would not be advising the courts that the claim has been settled.

 

Have I done the right thing?

12-03-07 Halifax Received £1800

05-06-07 Halifax II Small Claim Served for £2503

Capital One - Won £768

Halifax Credit Card - Won £756

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Wow well that is certainly alot better than your first offer which was a bit of an insult.

 

As everyone will tell you, it really just depends on your fincial situation. If this is going to make a huge difference and would be happy with £769.26 then go for it and be done with the hassle. But I know alot of people are going all the way as proving a point with the bank.

 

I would personally take the offer but that's just me and I'm sure that most people will post on this thread and say go all the way.

 

Avoiding court is always a good thing, also remember that when you agree of partial payment its not the end of the line because I've read that some banks do need some 'encouragement' to pay up what they have offered.

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Just had a phone call from the Halifax legal department about the letter I sent them yesterday.

 

The reason the figures differ from what I have requested is that they have not refunded the £12 charges as they believe that these have been deemed acceptable by the OFT.

 

What now? Do I continue with my court claim or withdraw?

12-03-07 Halifax Received £1800

05-06-07 Halifax II Small Claim Served for £2503

Capital One - Won £768

Halifax Credit Card - Won £756

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Continue with your court claim.

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F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

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Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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