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Have HBOS applied to set aside your case ..a survey

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I have been lead to believe that in most instances Halifax Bank of Scotland are prepared to refund almost all the charges, however if clients wish to have the interest refunded, or the claim is out with six years (5 in Scotland) clients will have to take court action . Once the court papers have been issued the Bank are likely to acknowledge that they will defend, however no defence is ever issued, at this stage.


This often means that the claimant then needs to have judgement made in their favour and then on occasion instruct the court bailiff to execute a warrant. By this time HBOS are likely to have credited all of the charges (+ statutory interest @8%) into the client’s account leaving only the bailiffs charge to be settled, which are duly done.


However if at this stage HBOS realises that the client is claiming any other interest (e.g. the contractual rate on the basis of mutuality and reciprocity of contract) or the claim concerns charges which were levied outside of the time statute (6 years in England and Wales, 5 years in Scotland) then the legal team at Halifax are likely to apply to have the case set aside and only then issue a defence.


Nothing wrong with that if it happened once or twice however and please correct me if I am wrong but if the above were to be the Bank’s MO it would surly constitute a blatant abuse of the court system as they are doing nothing about issuing a defence until after judgement has been issued against them (then saying “didn’t like the way this ones gone, lets defend it after all”), time and time again.


How many excuses would HBOS possibly need to convince the Judge that it was a genuine oversight on each and every (out of the ordinary) case?


Is there one person who has had an experience outside of the above scenario to convince me that there is no case for reporting HBOS for abuse of the court system or is there any case that has had the above happen to them and believe that the judiciary would be interested in how their time is effectively being wasted? Answers Please

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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