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Hi Tilly

 

Yea my sleeves are well and truly up, thanks to your good self and everyone who has given their support.

Cant let the side down now, can I. LOL:D

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Hi Guys,

 

Just noticed this programme is coming on , could be very interesting.

 

BBC TWO Friday 16 November 2007piruletv.gifMoney Programme – Run On The Bank:

Penalty Pain

Friday 16 November

7.00-7.30pm BBC TWO

Im gonna set my reminder now to tape it on Sky.

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Just found that letter I was looking for on the "stays info and Guidance" forum.

 

Going to read it again and again to see where I can perhaps adapt parts of it to my own circumstances.

 

Im not very good on putting letters together, but this one has worked before in stopping the bank from levying more charges onto one ladys account so Im up for the challenge. (i hope):lol:

 

Cant hurt to try anyway can it. When Ive done it Ill send one off to the Court and one to the Halifax then wait and see what happens.

 

Fingers crossed guys.

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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thats the spirit overflow fingers crossed and if you get stuck with the letter you can always ask someone to look it over :D

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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23_32_7.gif

 

need any help just shout

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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HI Guys.

 

Thanks Ill keep that in mind.

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Hi overflow, sorry I've not been around much, but them MP's are a bit demanding at mo.

I've just read your last lot of posts on your thread, you can do it girl, & we're all here with you to offer help & support, & don't forget you can even ask for a court buddy if need a bit of support on the day.

I'll try & keep an eye on your thread, I promise! But if you need me just shout & I'll be here, in fact, we all will.

You keep your chin up, & just look that DJ & solicitor in the eyes, & show 'em you mean business. gore2.gifHere you are, you can borrow my chainsaw lol.

  • Haha 3

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

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  • 2 weeks later...

Hi Guys

 

Not much doing on here lately is there. Everyones gone quiet.

 

Im still pulling my hair out over the pending court case, (19 Dec).

 

Ive tried to put together a letter but everyone I do when I read it back sounds bl**dy awful .

 

As Ive said Ive been told that there is no need for me to do a budle but I want to do some sort of argument as to why it shouldnt be set aside and stayed.

After all I got to the stage where the judgement was granted and a warrant also granted, thought it was cut and dryed then they sprung this on me.:mad:

 

Ive been reading and reading but nothing seems to stay in my brain, Just hope I dont ruin my chances.

 

Keep updating here if (and when) I manage to get it done right.

 

Regards :)

  • Haha 1

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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hiya overflow

please dont pull your hair out ouch painfull :D yep it is a bit quite around here but people are still carrying on claiming

for their charges which is good

im sure you will get there in the end with your letter :D

 

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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Share on other sites

Hi overflow, just wish I could wave a magic wand & hey presto, you got all your charges back, but I can't do that. What I can do though, is be thinking of you & keep everything crossed & wish you loads of luck.

If you need any help with your letter, just SHOUT, & I'm sure that between us, we can come up with something appropriate.

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

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Thanks guys.

 

As always much appreciated.

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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You're very welcome overflow.:D:p

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

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Hi Guys

 

Ive just been browsing and came across this .

 

http://www.bba.org.uk/content/1/c6/01/15/14/HBOS_defence_and_counterclaim.pdf

 

Just thought Id post on here in case anyone is interested in reading it.

 

Might give more insight into their defence .

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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HI Guys

Just a quick update. Ive penned a letter to the Court to object to the Haliprats applying for a stay and it will be winging its way to both the Court and the bank tomorrow.

 

I must admit Ive used a petty big chunk of the letter in the thread --

stays , info and guidance----.

Thank god for all you great ppl that contribute toward helping others.

I didnt have a clue to where to start or how to word it so that it sounded professional.:confused:

 

Fingers crossed it does the trick.

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Hi old freind, glad to see that you are still bashing away at them, you know that you will win in the end it may have taken a bit longer than expected but think of the interest. My hearing has been re-scheduled to 28 Jan . so there maybe some movement with the test case by then but I am not holding my breath.

 

 

santa2.gif

You never know, he might bring us something nice!!!

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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Hi All

 

Well Im starting to count off the days now.

 

Court on 19th .................:eek:

 

 

5 days to go .......... and counting OOOEEERRR!

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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hiya overflow

im sure you will be fine if i lived nearer i would have come

with you for moral support but i will be thinking of you

  • Haha 1

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

Link to post
Share on other sites

Thank you Tilly,

 

I'll no doubt be thinking of this site as well and all of you.

 

Trying to remember some of what I've read! LOL:lol:

  • Haha 1

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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HiYa overflow, been having a bit of a catch-up lol.

Not long to go now, you'll be fine, & we'll all be thinking of you. As Tilly said, I just wish I could be there with you to give you some moral support, but as I can't, I'll be there with you in mind for deffo!!

  • Haha 2

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

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Good luck Overflow... I've left a little something for you as a good luck charm! ;)

  • Haha 1
  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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Hi Guys.

 

What a great bunch you are. :)

 

Just one more day to o then its SHOWDOWN TIME:o .

 

If I said I;m not scared witless I would be lying. Just been going over the papers I was sent by Halifax and my minds one completely blank. I just know I'm onna make a complete pratt of myself on Wednesday. I'll probably end up paying them!:confused: .LOL.

 

In their argument to get it set aside they refer to one case in particular.

 

"Director General of Fair Trading v First National Bank plc (2001) UKHL 52, (2002) 1 AC- the House of Lords upheld that a default provision in a loan agreement made between a lending bank and a consumer borrower was not to be declared an unfair term under the 1994 Regulations"

 

Then this,

 

"Refering to the dicta of Lord Bingham in Director General of Fair Trading v First National Bank plc (2002) 1 AC, in which he said " the requirement of good faith in this context is one of fair and open dealing. Openness requires that the terms should be expressed fully, clearly and legibly, containing no concealed pitfalls or traps""

 

Ive been trying to find this, but, when I did, I really couldnt make head nor tails of it. Double Dutch to me.

 

Somehow I dont think this will look good if Im asked about my opinion or anything like that, any questions about why I thiink I should be allowed to have my case get the green light.

 

I'm gonna do a bit more reading of other ppls threads I think, bit like a refresher course.

Maybe, just maybe something will stick and I'll be ble to blag my way through the Court hearing.

 

Time will tell , I am going in there fully expecting to get it set aside though so if anything else happens then I'll be well chuffed. If not then I'll just have to be patient for a bit longer wont I?

 

Will update when Ive got more news. Off to do my homework now.:-|

 

Regards (worried & confused) overflow.:confused:

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Hi Overflow,

 

Some comments relating to their argument in relation to Lord Bingham's statement:

 

Lord Bingham in Director General of Fair Trading v First National Bank also stated:

 

"Good faith in this context is not an artificial or technical concept... It looks to good standards of commercial morality and practice. It lays down a composite test, covering both the making and the substance of the contract, and must be applied bearing clearly in mind the objective which the regulations are designed to promote. Fair dealing requires that a supplier should not, whether deliberately or unconsciously, take advantage of the consumer's necessity, indigence, lack of experience, unfamiliarity with the subject matter of the contract, weak bargaining position"

 

You can argue that the charging regime operated by the Defendant by charging those who can least afford it to subsidise free banking of other customers takes advantage of the Claimant’s necessity indigence and weak bargaining power. The objectives which the Regulations are designed to promote include the protection of Consumers from commercial entities.

 

The bank may assert that the charges are within the requirement of good faith as they were in the published terms and conditions and the Claimant was aware of them. However, this is a purely procedural argument and according to Lord Steyn in Director General of Fair Trading v First National Bank:

 

"Any purely procedural or even predominantly procedural interpretation of the requirement of good faith must be rejected."

 

The substance of the clause is of paramount importance in looking at the requirement of good faith also the way it was packaged so as to deceive the consumer into believing it was a legitimate charge to compensate loss.

 

Don't get your hopes up too much for Wednesday. The chances of getting a stay lifted this close to the test case are quite slim. But that doesn't mean you can't stand your ground.

 

Best of luck and keep your cool.

 

Zoot :)

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Hi Zootscoot

 

Thank you so much for informin me of this.

I shall now o to court with a bit more confidence than I had.

Much appreciated.

Will let you know how I get on.

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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