Hulme v Halifax- advise required

[Hulmey14]

I have read the posts over the last few months and im currently in the latter stages of my claim for £1000 with the halifax. The LBA deadline ran out yesterday and im now faced with issuing a NB1 (i think). I have read on the forum people using MCOL. Can someone please tell me what this is and what they will do for me and how to contact???

[Guest bluecloud]

MCOL = MoneyClaim On-Line

 

It's based in Northampton and allows you to file an N1 via the web.

 

Her Majesty's Courts Service

[moneyhelp]

Check if you are exempt from charges too. http://www.consumeractiongroup.co.uk/forum/helpful-external-links/2147-court-fees-do-you.html

[Hulmey14]

Im about to start filing my NI claim through MCOL , bit unsure how to work out the interest, ive had a look at the speadsheets on this site and im still a little bit confused . The 8% interest was easy, but the other interest with dates etc looks too complicated , should i just leave it out or any advise how others have dealt with this would be appreciated.

[moneyhelp]

Dunno, but if someone answers I would like to know too

 

Good luck!

[Hulmey14]

Please help . Im finally filling in my court claim via moneycalim online. Im currently on page five which asks for particular of claim. I have previoulsy printed off the particulars of claim(filinf in N1 form) from this website and have copied and posted it into the revelant field on the MCOL website. However it is not allowing me to use so many characters and will not accept the full version i copied . Can someone who has experience of doing the same advise me of the text which i can leave out to make it fit????

[Hulmey14]

Apologises to all, I have just found a full section on MCOL on this site . How stupid am i . Thanks in advance .(lets hope they dont take me to court or well all be losing)

[Dusary]

Here you are:

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/71369-getting-mcol-right.html?highlight=mcol+form

 

on a plate!

[Dusary]

Oh!

 

You found it just as I was posting!

[Hulmey14]

I have filed my claim on line with MCOL, they sent me the notice of issue giving the haliprats till the 28th July to reply. I have received nothing from the courts of from haliprats.

 

What do i do next , ask for Judgement????

 

any ideas would be helpfull

[**Tilly**]

if you havent received an acknowledgement by that date then you need to send them a 7 day pay up now or else letter here is the link

Default Judgement

[Hulmey14]

Please HELP!!!!!!!!!!

 

After nearly 4 months of chasing my bank charges im now at the stage where the haliprat hasnt issued a defence against the notice of issue and their 14days are up. Ive just come off the phone from them to give them one last chance to pay up before i ask for a judgement. The advisor told me that all accounts where put into limbo until the outcome of the High court case is decided and the high court now preceed any small calims court and the small calims court wouldn't be able to do anything about my claim , so i can do as i like???

 

Son of a gun What do i do ????

[**Tilly**]

carry on with your claim have read please this link

OFT v Banks - **Don't panic!!!**

[Hulmey14]

On the 1st August MCOL issued Judgement on my Claim for £1250 relating to bank charges. This was following a claim which was not defended by the Halifax.

 

what im unsure off is how i actualy go about gettign MY money back, what action do i take and how does the OFT test case effect my claim as nothing has been stayed

 

Please help.

[sea-sidelady]

Have you recieved your letter from the court granting judgement?

 

They should now just pay the money into your account.

 

If not you can file a warrant of Execution by completing and filing an N323 form.

 

All the information you need is in the link above that Tilly gave you.

[Hulmey14]

I have contacted the halifax today to see when they will pay back my bank charges following judgement in my favour being passed by the northampton court. They have told me they will be applying for a stay until the test case is finished. Can this be done after judgement has been made???? and should i now apply for a warrant for balliffs.

[jontah 2006]

you can also apply for removal of stay!

 

 

"bumped"

[Hulmey14]

So can they actually apply for a stay against a judgement , will i have to go to court or what are my best methods to get my money.

 

Im gettin really annoyed now after staying really calm . I have a £1150 overdraft facililty on my account which i havent used for 12months . Thinking about switching accounts and transfferring all my money including the £1150 overdraft . Think they might sit up and notice then. I can hear them now you owe us 1150 or really, you owe me 1250. Well you will have to wait until the outcome of the test case wont you:rolleyes:

 

Any thoughts

[Baviaanuk]

I have contacted the halifax today to see when they will pay back my bank charges following judgement in my favour being passed by the northampton court. They have told me they will be applying for a stay until the test case is finished. Can this be done after judgement has been made???? and should i now apply for a warrant for balliffs.

 

I am not sure if this is possible, if indeed it is... it surely makes a mockery of the entire court process and I would feel what is the point in applying to court if they do not have the power to enforce there own decisions. I feel we need clarification on this matter from somebody in the know, can a mod help with this?

[Hulmey14]

Would really appreciate a MOD's help on this matter. Ive got me finger hovering over the warrant button on MCOL. would love to see baliffs goingin to my local halifax branch and walking out with the furniture:)

gone past being bothered about the money i have already paid out years ago just want some fun and cause halifax as much embaressment as possible.

[Baviaanuk]

Not great news i'm afraid, have spoken to someone who works in law, he states that

 

If you are the defendant and you didn't go to court, you can ask the court to cancel (or "vacate") the judge's decision. You will have another hearing. You have 30 days to file your motion after the clerk mails you the Notice of Entry of Judgment (SC - 130).

 

Seems to be another way that the Halifax can drag there feet along throughout this process

 

It is truly maddening

[Hulmey14]

after just reading my leagl book it becomes apparent that the halifax can in fact request a stay of execution even though a judgement has been ordered. they can do this on the grounds that they hadn't received any information from the courts (claim etc) . Thankfully i have a letter dating 3weeks previous to my request for judgement . Which advises them of the claim with claim reference numbers and date they need to file a defence by. This was sent recorded delivery . Would this be enough to block their claim of not receiving or knowing about the claim???

 

would i have to go before a judge if the apply for a stay of execuiton.

 

Any Mods help would be appreciated.

[Baviaanuk]

Not great news i'm afraid, have spoken to someone who works in law, he states that

 

If you are the defendant and you didn't go to court, you can ask the court to cancel (or "vacate") the judge's decision. You will have another hearing. You have 30 days to file your motion after the clerk mails you the Notice of Entry of Judgment (SC - 130).

 

Seems to be another way that the Halifax can drag there feet along throughout this process

 

It is truly maddening

 

Actually........ totally ignore that, that is infact US Law (my 2nd nationality) The guy I asked (Also american) thought I was asking about US Law, sorry for the confusion

[Baviaanuk]

after just reading my leagl book it becomes apparent that the halifax can in fact request a stay of execution even though a judgement has been ordered. they can do this on the grounds that they hadn't received any information from the courts (claim etc) . Thankfully i have a letter dating 3weeks previous to my request for judgement . Which advises them of the claim with claim reference numbers and date they need to file a defence by. This was sent recorded delivery . Would this be enough to block their claim of not receiving or knowing about the claim???

 

would i have to go before a judge if the apply for a stay of execuiton.

 

Any Mods help would be appreciated.

 

If you sent that letter by recorded delivery and you can see they signed for this, this would be sufficient although I am sure a copy of your letter to them would suffice.

[Hulmey14]

Not great news i'm afraid, have spoken to someone who works in law, he states that

 

If you are the defendant and you didn't go to court, you can ask the court to cancel (or "vacate") the judge's decision. You will have another hearing. You have 30 days to file your motion after the clerk mails you the Notice of Entry of Judgment (SC - 130).

 

Seems to be another way that the Halifax can drag there feet along throughout this process

 

It is truly maddening

 

Was reading whilst you posted , feels like im banging my head against a wall . Does the above allow them to file a defence then request a stay . Back to square one then whats the point of a judgement being entered.