MacBoy Vs. Halifax and Hello To the Group!

[MacBoy]

Thanks Jody

 

If you decide to go down the N244 route to obtain Pre-Action Disclosure, feel free to drop me a line should you need any help. Additionally, do not hesitate to get the Information Commissioners Office involved as soon as the 40-day period is up.

 

Mac

[jody123]

Hi Mac (i hope this means you use them....seeing as I have five of the blighters - along with the requisite iphone, ipod etal!!)

 

Just playing the waiting game at the moment - Howard's solicitors contacted my mate about a shortfall debt - that he was totoally unaware of - proceeded to send non-relevant information in support of their claim over an 8 month period and when he approached howard for clarification court proceedings were issued....with no paperwork attached to the court claim...and absolutely nothing since.

 

Like you numerous requests were made but obviously not in the correct format as we'd not found this ace site(!), but when the court papers came I decided it was time to get tough - fine if they can prove he owes the money he'll pay it - he's never disputed that - but as things stand he can't work out what he owes and doesn't owe...not least because although they say the debt relates to a mortgage (and thereby they have 12 years to chase it) they haven't provided a copy of the deed and deeds prior to 1993 (1988/9) in this case tend to convert shortfall debt to a contract debt so that it is statute barred!! Despite disclosure requests under CPR18 they still won't supply any paperwork so its hi ho and off to court we go....specifically I would like to know how a mortgage that was paid for years managed to pay off £3K less than the "interest" added - unless of course its not "interest" as we know it, but penalities!!

 

Ah well - we'll get there in the end - and will certainly bear your kind offer in mind because I am so riled up by the actions that I want to see everything they hold on him...and where once the idea of court would have frightened the bejesus out of me all I want to do now is get to the bottom of it, work out what is owed (if anything) and move on - they brought the action - so they will have to substantiate it - and if in the process we can get details of the charges (albeit in relation to mortgages) that the banks have shamelessly charged then so be it....something I think they may be reluctant to do - particularly if it can be proven that the repossession was as a direct result of their illegal charges.....now there's a test case and a half!!!

 

Regards,

 

Jody

[**Tilly**]

lol business as usual mac:D

[MacBoy]

Hi Mac (i hope this means you use them....seeing as I have five of the blighters - along with the requisite iphone, ipod etal!!)

 

Oh yes... oh yes indeed fully Mac-ed and iPod-ed up (although no iPhone yet) - have been using them since the early 90s...

 

Keep going with the pressure on the HFX - they will crack in the end.

 

The Information Commissioners Office will probably prove key in this. Keep focused on the fact that you have made a Subject Access Request and that they have signally failed to provide your friend with all the data they hold about him.

 

They will have thereby acted unlawfully if they have not furnished your friend with the information he requires to query their claim by the time the required 40-day period has expired.

[jody123]

Oh yes... oh yes indeed fully Mac-ed and iPod-ed up (although no iPhone yet) - have been using them since the early 90s...

.

 

hehe - maybe a mac appreciation thread is in order - my mate's been using them since the late 80's when the memory size was 64kb!!! - I've only been subjected to them since the 2004, but I definitely wouldn't go back - she says looking lovingly at her MacBook Pro!!

 

With your permission I will nick some of your letter once the 40 days are up as I'm sure they won't supply the data....my only "fear" is that they don't provide the information before the case goes to trial - but then again if they don't "prove it' they surely can't "win"....she says with hope!!

 

Jody

[MacBoy]

Nick away Jody - that's what it's there for

 

I'm not a legal expert, but it seems to me that your friend should have a reasonable expectation of disclosure of the other side's case before it goes to court. Speak to CAB or give the Court Office a ring - they won't be able to give you direct case-relevant advice, but they should give you an idea of where you stand or what your options are.

 

You may be able to apply to have the case struck out or at least adjourned pending sight of the other side's evidence. I can't see any County Court letting this case go ahead with such a lack of disclosure.

 

And in the meantime, as I said (at the risk of sounding like a broken record), keep up the pressure on the Information Commissioners Office.

 

And yes - a Mac Appreciation Soc. would be a great idea

[jody123]

Hi Mac,

 

Disclosure...hahahaha...its a bit of a joke - the number of threads I have read on here where the banks have not included any supporting documentary evidence to their claims...I believe that the vast majority are filed on the basis that most will settle before it gets to court and in most cases when the banks file their AQ's they state they want the months stay to allow the claim to be settled before it goes to court...and yet they fail to supply any paperwork in support of their claim. In my opinion its an abuse of process, but I doubt the courts will see it that way.

 

When I file his AQ I'm going to ask for the case to be struck out unless they file the paperwork, but one similar case that is currently on going that I know of they have still not supplied any documentary evidence....how they can expect people be pay £25k because they say so is beyond me....and hopefully a judge will be of the same opinion...

 

Thanks for the support...will let you know how it goes...

 

Jody

[**Tilly**]

good luck jody:D

[jody123]

Thanks tilly - I suppose i should give you the other thread rather than pinching mac's thread...

 

My mates thread is here...

http://www.consumeractiongroup.co.uk/forum/general-debt/123416-another-county-court-summons.html

 

And there is another similar thread here...

http://www.consumeractiongroup.co.uk/forum/general-debt/121046-county-court-summons-mortgage.html

 

Both are with Howard and are for shortfall debts going back at least 8 if not 12 years..... So much for the banks signing up to the CML's agreement not to pursue debts older than 6 years old....

 

Jody

[**Tilly**]

i knew you would get there in the end mac looks like

we could be filing at the same time:o

 

 

how,s it going then mac i recieved my notice of issue this morning

[MacBoy]

how,s it going then mac i recieved my notice of issue this morning

 

Fine Tils

 

I received standard fob-off letters for both Current and Credit Card accounts this morning and am just dating up and printing the LBAs I had prepared for them before Xmas. They will be going out on Monday.

 

Just for clarity - is it OK to use the same basic LBA format for CCs as for Bank accounts? I've not seen a dedicated CC version anywhere on the site.

[jody123]

mac,

 

As far as I can tell you can use the same letter as its a standard letter...

 

Jody

[MacBoy]

Cheers Jody. Yes - I've just looked through it and nothing looks untoward. It'll be winging its way to Howard and Chums on Monday

 

[**Tilly**]

here you mac lba link for credit cards:D

Credit/Store Card Letter Template (thanks Bookworm01036)

[MacBoy]

Thanks Tils

 

It's basically the same letter, but without the Ts & Cs and the threat to report them to the OFT under the 'fit and proper person' rules. Have amended to suit.

[**Tilly**]

you never know mac they may give you a new year prescent and pay up on your credit card:rolleyes:

[MacBoy]

Hmmmm... not so sure about that on either claim, Tils - both well over six years AND contractual interest? I doubt they'll roll over that easily!

[**Tilly**]

i doubt it too mac whats that saying pigs might fly:D

[MacBoy]

Milestone Diary Entry 11

7th January 2008

 

LBAs for Credit Card and Current Accounts submitted and posted Special Delivery this morning.

[**Tilly**]

Milestone Diary Entry 11

7th January 2008

 

LBAs for Credit Card and Current Accounts submitted and posted Special Delivery this morning.

 

another step closer mac:D

[MacBoy]

indeed, Tils

[**Tilly**]

pm;-)

[jody123]

Hey Mac,

 

Quick question - do you know the meaning of different codes on Howard's mortgage statements??

 

Looking for the definition of "prtb" and "rep" in respect of a part repayment and final repayment respectively.

 

Any ideas??

 

Jody

[MacBoy]

Hi Jody

 

I haven't had the dubious 'pleasure' of Howard owning my house at any time I'm pleased to say;), so if they're specific terms to Halifax then I can't help.

 

However, I have heard the term PRTB used for 'preserved right to buy' when talking about ex-Local Authority property? 'Rep' also sounds like 'repayment', which I guess could have meaning both in terms of making an actual repayment to the lender or to refer to the type of mortgage.

 

Not sure if that helps, but maybe someone that knows HFX mortgage statements better than I could clarify for you (might even be worth a call into your branch to ask).

 

Good luck!

Mac

[stonedecroze]

Hi Mac, Just popping in to catch up with your progress, I see it is all moving along. I am now seriously preparing for my hearing on 29th. Having been "lucky" enough to have been closely involved with one last week at least I now know what to expect. Keep on truckin` Stone