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    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
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    • You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though. A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees. https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
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    • Hello,

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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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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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millymolly v Halifax ***SETTLED IN FULL***


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I have my 6 years of statements, as requested, even had a personal call from the bank manager of the Halifax in Prestwich asking why I needed the info, offered to re-pay one of my chrgaes when I told him! So generous, not..

Gave me his direct dial number in case I wanted to discuss anything with him.

Have worked out the total charges, do I include the 8% interest now, or only if I threaten to pursue it in court??

 

Thanks

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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yeah u only include the 8% once its going to court. for now its just the charges.

 

cant believe ur branch manager has taken such an interest. it would be nice if i could even speak to mine! sent him a letter over a week ago, and not a thing back yet!

 

good luck with the claim! :D

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There is a very good explaination by tinkerbelle re working out interest its under the nationwide group in reply to Juicy on 21st may if you can find it.

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=7056&page=3

 

It is worth looking at as it explains the difference between interest charged on your account and the interest you can charge when you file your court claim. Plus tinkerbelles posts are usually good to read!

 

Good luck with your claim

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

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I've sent my request for the refund of the charges, £1440 over 6 years!

Sent the template letter from the library and included a spread sheet of the charges and the dates.

Letter sent by recorded delivery, also faxed the letter to the branch, as I have their fax number and also the branch managers name.

Watch this space...

Secretly pooping my pants, as I have two mortgages with the Halifax as well as a credit crad.

I've got a new bank account set up with First Direct just in case they tell me where to get off!

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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Sent my request for the refund of 6 years charges, £1440, had letter from the branch to say received and that it had been forwarded to thier head office, that was Friday, had telephone call this morning from customer relations, Noel, offered me £128 as goodwill gsture, said no, striaght away offered me £384 as full and final settlement, asked him to put all this in writing to me.

Asked how they came to the amount of £384, told me it was a percentage of the highest charges within a 6 month period, couldn't tell me which period or the precentage??

Should I take the £384 or stand my ground for the full amount, any advise would be good, I've opened a First Direct account incase they close my account, but I also have two mortgages, and a credit card provided via the Halifax, will these be effected if they shut my account??

Thanks for all the advise up to now.

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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Am I doing something wrong here, as I'm not getting any replies...

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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think its just sheer volume of threads at the moment,

 

 

It's entirely up to you whether you choose to settle, but if it were up to me, there's no way I would settle for £384 when I was claiming over £1400.

 

Don't forget this is your money which they have taken unlawfully. Can you afford to let them keep over a thousand quid that belongs to you? If you can, claim the whole lot anyway, and send me a cheque for £1000! :p

 

Seriously - why do you think the offer was doubled immediately? They don't want to go to court, and they're trying to get rid of you before it gets that far. Keep going, and watch in glee as, at some point, they offer you the full amount.

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

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Received my offer in writing this morning from Noel Combe, my responsibility to manage account, blah, blah, blah.

Say's not prepared to offer the full amount I am asking for and that they reserve the right to close my account at any time.

Could I ask them to credit me the £384 and will take the remaining to smalls claims, or tell them to stuff it, diplomatically of course, and go for the whole amount??

 

Help!!!!

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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hi molly from reading your posts it looks like you have sent your preliminary letter, have you given them 14 days to reply, from your preliminary letter, if so then now send your letter before action giving them another 14 days, go to the template library and adjust the letter before action accordingly to you, stating thank you for your letter dated blah blah blah and put in somewhere where you see fit accepting the payment but only as part payment and will continue to pursue the rest throught the court. this is what i have done,

 

personally i wouldnt accept anything but the full amount, and reading other peoples posts they eventually settle in full. plus interest plus court fees!!

 

they do leave it up to the last minute to pay up ie before the court date, but i think it is well worth the wait.

 

but at the end of the day it is entirely up to you.

 

go over the faq again and the step by step guide, i read it everyday lol

 

just to make sure im doing it right

 

good luck in your decision and hope this helps

Halifax preliminary letter sent 17/05/06 charges £2661.00

Bog Standard blah blah blah letter received 22nd May 2006.

received lengthy letter dated 24th May 2006 offering £605 pah!

letter before action sent registered 5th June 2006

letter received in response to lba offering £1801.00 errrrr no ta

court action filed 23rd June 2006

deemed served to bank on25th June 2006

notice of acknowledgement of service has been filed

they intend to defend

7th july received letter PAYING IN FULL!!!

 

10th July cash deposit £112.58

10th July cash deposit £2869.00

:D :D :D :D

 

HALIFAX SETTLED IN FULL

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I sent the DPA letter, got all statements as requetsed, then requested my bank charges be retureend, totalling £1400. Telephone call from offering £128, and then £384, which I received in writing this morning.

 

I used one of the leter templates requesting the repayment of charges, I now need to send the LBA? Hopefully I have read this correctly??

 

Can't work out how to add the bits to the bottom of my thread which deatils what I have done, where I am up to??

 

Thanks for your advise..

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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I sent the DPA letter, got all statements as requetsed, then requested my bank charges be retureend, totalling £1400. Telephone call from offering £128, and then £384, which I received in writing this morning.

 

I used one of the leter templates requesting the repayment of charges, I now need to send the LBA? Hopefully I have read this correctly??

 

Can't work out how to add the bits to the bottom of my thread which deatils what I have done, where I am up to??

 

Thanks for your advise..

 

yes letter before action goes off now, and add to it that you accept the £384 only as part payment to the full amount you are requesting.

 

 

 

as for your bits at the bottom at the top of the page is "user cp" click on that then edit signature

type in the box how far you have got etc then save

and every time you post anything it will be at the bottom

 

hope this helps

 

good luck

Halifax preliminary letter sent 17/05/06 charges £2661.00

Bog Standard blah blah blah letter received 22nd May 2006.

received lengthy letter dated 24th May 2006 offering £605 pah!

letter before action sent registered 5th June 2006

letter received in response to lba offering £1801.00 errrrr no ta

court action filed 23rd June 2006

deemed served to bank on25th June 2006

notice of acknowledgement of service has been filed

they intend to defend

7th july received letter PAYING IN FULL!!!

 

10th July cash deposit £112.58

10th July cash deposit £2869.00

:D :D :D :D

 

HALIFAX SETTLED IN FULL

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Just logged into my account and there is a cash deposit for £384, however, I didn't accept this over the telephone when offered it, I have sent the LBA and requested the full amount be returned?

 

Hope this doesn't change anything, as I haven't accepted this as full and final settlement, I crossed the acceptance form they sent, and wote on along the top, 'not acceptable as full and final settlement' are they trying to pull a fast one on me??

 

Help..

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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LBA delivered today, watch this space...

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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Share on other sites

Had a telephone call today from Kevin Smith in customer relations, offered me £500, said the £384 deposit into my account was an administrative error and that they would take it back as I didn't want it!

Told him to leave it where it was, and I would deduct this from my claim which I will be submitting to the small claims court.

He said 'You've obviuosly done your home work and know what the final outcome will be' sounds like he know's I'll win, as I intend to!

He is sending me a letter outlining our conversation, and that I have turned down their offer.

Will do MCOL on Thursday 29th.

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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Got my standard blah letter this morning, that they won't pay up, also leaflet on how to complain to Financial Ombudsman, no mention of the £500 that he offered me though.

 

Will now file MCOL and see where that gets me??

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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Share on other sites

I can't download the Excel file that works out the interest, I am just about to file my MCOL, it downloads to a zip file but there is nothing in there resembling an Excel sheet, any clues, tips??

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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Share on other sites

Just filed my claim on moneyclaim, does anyone know how long it is before the bank get wind of it??

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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Yes, took the £384 out, used the online calculator, made quite a difference to the balance.

 

Claim will be served by 10th July, spoke to the courts yesterday.

 

If they want to settle out of court will they deduct the 8%, would be nice to have the extra, seen some shoes I want!!

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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Share on other sites

The claim against them will be served today, does anyone know how long it normally takes them to react to this, hope they don't phone me again, they scare me!!

Would be nice to log into account and see deposit...

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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Share on other sites

Just got notice from the courts that Hlaifa intend to defend the claim, I didn't expect this to happen!

What do I do now?

A O'Brien (RAH) Head of Legal Services has signed the document, I've not read anywhere on here that they ever defend, what do I do now??

I couldn't attach my list of charges as I filed the money claim on line, should I fax the Halifx Legal Services the list with the interest?

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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Share on other sites

So scared I spelt Halifax wrong!!

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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It's close now. Sit back and breath calmly. ;-)

 

Now don't worry. You should expect payment soon. It is unlikely that they will actually submit a defence or if they did actually turn up. But even if they did there is plenty of help around to support you.

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Thanks for that, still starting to have second thaoughts about what I've done?

Every time the phone rings I'm ready to say she's not in, just in case they decide to call me again!

Pre-lim letter sent 7th June

Total charges £1404.00

Offered £384 over telephone

Letter received 15th to accept?

Declined and LBA sent 15th

£384 credited to my account 15th

MCOL 6th July

Served to Halifax 10th July

Intend to defend in full, 11th July

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Share on other sites

It's close now. Sit back and breath calmly. ;-)

 

Now don't worry. You should expect payment soon. It is unlikely that they will actually submit a defence or if they did actually turn up. But even if they did there is plenty of help around to support you.

 

 

milly breathe!!!!!!!!!!!!! lol

 

 

take a deep breath hun

 

honestly it wont be long

Halifax preliminary letter sent 17/05/06 charges £2661.00

Bog Standard blah blah blah letter received 22nd May 2006.

received lengthy letter dated 24th May 2006 offering £605 pah!

letter before action sent registered 5th June 2006

letter received in response to lba offering £1801.00 errrrr no ta

court action filed 23rd June 2006

deemed served to bank on25th June 2006

notice of acknowledgement of service has been filed

they intend to defend

7th july received letter PAYING IN FULL!!!

 

10th July cash deposit £112.58

10th July cash deposit £2869.00

:D :D :D :D

 

HALIFAX SETTLED IN FULL

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