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    • what solicitor is the PAPLOC from? then just search xxxx snotty letter dx  
    • moved to the debt self help forum. plenty of like threads here to read along with the ones you've done so far..good work. last thing you ever want to do is look at any kind of IVO/BK or anything alike concerning consumer debt, never do that, turns unsecured debts into secured ones in many instances. your best bet for now is p'haps looks at  Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk) sadly you have to go thru one of the free debt charities to invoke that but DON'T be tempted to also open up a DMP with them, just get the Breathing Space done. get that in place that gives you at leasy 60 days buffer you've also goto to realise you'll probably get a default once breathing space is in place, bit if not it might pay you to withhold payments even after BS then p'haps re start payments once a DN for each debt is issued and registered. at least that way, whatever happens in 6yrs the debt will drop off dx  
    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Action fraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
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sidog70 v Halifax


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The defendant admits that all the money is owed.

 

Please make your selection:

1) I accept the defendant's proposal for payment

 

Say how the defendant intends to pay. The court will send the defendant an order to pay. You will also be sent a copy.

 

 

 

 

2) The defendant has not made any proposal for payment

 

Say how you want the defendant to pay. You can ask for the judgment to be paid by instalments or in one payment. The court will send the defendant an order to pay. You will also be sent a copy.

 

Cant get to this anymore as i have gone for option 2

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The following information relates to your judgment:

 

Claim Description

 

Claim Number

 

Status of this Judgment

 

 

Halifax

 

6QZ44128

 

Requested

 

Your judgment has been submitted to the court for final validation before being issued.

 

 

This is what i get now...also got a pdf form from the courts outlining all the money that is owed and how im going to receive it.

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Well, unless I am very much mistaken, a very bemused congratulations... I can't help feeling that Halifax have messed up their response, but in the absence of other evidence... It would seem you've won...

 

DO keep us updated, will you? I can't help feeling that there is something odd going on here...

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Yeah any further news i get will be posted to my thread ASAP.

 

I would have thought if they have admitted liabilty then they can not now go back on this, is this correct ???

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Posted elsewhere, I don't know if you recognise the set-up? Does that sound possible?

 

The OP is talking about the choices that you get when you click on "enter judgement".

 

You have two choices:

 

1) Judgement by default

2) Judgement by admission

 

It sounds like the OP has clicked on "enter judgement" (or whatever the link was), selected one of the options, and is now at the stage described in her post.

 

It's more of a POSSIBLE cockup on her part. I mean a possible on her part, as if HFX haven't entered a defence/acknowledgement then she is doing right in entering a default against them, however, if they are/have replied, then she shouldn't be doing what she has done.

 

Hope this clears things up, I'm not quite 100% I'm right here, but I'm pretty sure, because I press the same button once FD had settled my claim, as I thought I'd have the option to close the claim. I didn't. The claim is, effectively, still running, as when I called Northampton CC (MCOL) to see how to cancel the claim, she told me that I don't have to, I can just leave it, though she recommended changing the "claim description" (which is merely for my info) by putting SETTLED before what was already int he description.

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sounds familiar but before when i tried to select a option it just said on the lines of you need to give halifax 14 days to respond..yesterday though this had changed from start to continue and when i clicked on it thats when i got The defendant admits that all the money is owed option now

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another weird thing just received a letter this morning from Northampton courts with a acknowledgment from halifax attached and the the box is ticked to say intend to defend all the claim...

 

In that case then I would assume you have selected the option on Moneyclaim which says "Judgement by admission" and that is why you have got the screen which you now see.

 

Is that what you did?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Was under the judgment heading, the link under that heading changed from start which it had been to continue, then when i clicked on continue it said that the defendant admits that all the money is owed. Then i went for the option which said that i had not been advised of the payment.

 

Can anyone shed some light on this, dont want to have ruined my chances by buggering things up online...

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Read my previous post - before the status changed to continue, had you clicked on "Judgement by admission"?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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You would have had 2 options - 1 would have said judgement by default, the other would have said judgement by admission.

 

You clicked judgement by default, it said you can't do this until 14 days have passed.

 

Did you then click judgement by admission (the second option)?

 

Surely you must remember what you clicked?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I think you should try and phone MCOL asap and see what they say. It wdn't be the 1st time they made a mistake. So far, they have once withdrawn one of my claims(!), and on one of my current ones, it shows defence was entered 5th June, and I only filed claim on the 7th!!!!

 

Theit helpline people are usually very good, I think you need to get this clarified by them. Please let us know what they said!

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Just spoke to MCOL helpline, seems i have prematurely hit the judgement button (story of my life really), this does not affect the claim at all, halifax have until 8th Aug to submit a defence now. the only thing different i will have to do is submit a manual judgement.

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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