Jump to content


  • Tweets

  • Posts

    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never  Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Malcontent V Halifax


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6540 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Advised by others I should start my own thread so here it is.

 

Been with Halifax donkeys years - went through some bad times and Hfux really hit me in charges - looked at some statements 2 years back with charges totaling £360 in just 3 months.

 

So I've sent of my DPA requesting info for the last 6 years yesterday (shame I cant do it for the last 26 years.

 

Question I have is what happens if my charges are over £5000 limit at Small Claims - Can I hit them twice ie first for 2000 - 2003 and second for 2004 - 2006?

 

Any advice would be appreciated

Malcontent

Data Protection Act sent to Halifax 08/06/06

Halifax statements received 23/06/06

Halifax Account Charges = £603

Preliminary letter to Halifax sent 26/06/06

Time waste letter received 05/07/06

Halifax offered £130 08/07/06

LBA sent 13/07/06

 

Financial sadists play vicious games with money as a way of asserting their power over others.

Returning money they have already stolen undermines their security and is their weakness.

 

Now is the time to turn the thumbscrew on them.

Link to post
Share on other sites

Hi Michael,

 

Thanks for the advice on splitting to individual claims if over 5K

 

Cant wait to receive the statements and will go through them with a fine toothed combe..

 

Will let all know how I get on.

 

This site is wonderfull and will be happy to donate 5% of what is recovered from Hfux and the others to come;)

Malcontent

Data Protection Act sent to Halifax 08/06/06

Halifax statements received 23/06/06

Halifax Account Charges = £603

Preliminary letter to Halifax sent 26/06/06

Time waste letter received 05/07/06

Halifax offered £130 08/07/06

LBA sent 13/07/06

 

Financial sadists play vicious games with money as a way of asserting their power over others.

Returning money they have already stolen undermines their security and is their weakness.

 

Now is the time to turn the thumbscrew on them.

Link to post
Share on other sites

Just to clarify this point -

 

Claims that are over £5,000 might not be forced onto the fast track - it may well be possible to argue that due to the simplicity of the case (as far as we are concerned) it should be a small claims track case.

 

In short, it's not an absolute rule.

 

Secondly, if you were to calculate charges well in excess of £5,000 then you would be best advised to claim for the period of time that produced just under £5,000 (say, 6 yars ago to 4 months ago) - that way, should a court deny your second claim - which is possible - then you would have achieved the best possible result initially, rather than claiming only £3000 for instance.

..

.

 

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.

 

 

Link to post
Share on other sites

  • 2 weeks later...

Received letter this morning from from HBOS plc written by Tim Boothroyd - Data Protection Consultant - Business Risk - Retail. (Direct Line - 01422 332991) Thanking me for my Data Protection Act letter dated 9th June and confirming that copies of duplicate statements had been ordered and will be sent seperately at the latest by 17th July.

 

Whats funny is that the statements arrived yesterday - obviously sent the day before.

 

He goes on to say that "regard to your request for information relating to manual intervention on your account, HBOS plc is under no statutory obligation to record this information and therefore, I am unable to assist with your request".

 

Therefore my belief is if they dont have a record of manual intervention then how can they prove their own charges are valid in court. :confused: (comments please?)

 

Anyway, went through the statements and found out earlier today that they owe me £593.00 on this account. :( (Thought it may have been a lot more than that and will have to check the other account now). So now I know how much i'm due I want it back.

 

Will now send letter requesting HBOS to refund my charges.:mad:

Malcontent

Data Protection Act sent to Halifax 08/06/06

Halifax statements received 23/06/06

Halifax Account Charges = £603

Preliminary letter to Halifax sent 26/06/06

Time waste letter received 05/07/06

Halifax offered £130 08/07/06

LBA sent 13/07/06

 

Financial sadists play vicious games with money as a way of asserting their power over others.

Returning money they have already stolen undermines their security and is their weakness.

 

Now is the time to turn the thumbscrew on them.

Link to post
Share on other sites

Just consider it the end of discussion on manual intervention.

 

Good luck

..

.

 

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.

 

 

Link to post
Share on other sites

  • 2 weeks later...

Received what I take as a standard "fobbing off we wont be rushed" letter from Halifax following my prelim letter sent on the 27th June as follows:

 

Thank you for your letter on the 30th June

I am sorry to learn of your concerns regarding charges that have been applied to your account.

We're kean to deal with your concerns as quickly as possible. A customer relations manager will investigate the points you have raised and you will receive a reply shortly, but certainly no later than 4 weeks.

 

You will find enclosed a copy of our leaflet which tells you how we will handle your complaint.

 

Your concerns will be dealt with as quickly as possible, but to help us deal more efficiently with your enquiries, please quote XXXXXXXXX when writing or telephoning.

 

Colin Smith

Customer Relations Manager.

 

Question: From what date should I send the LBA? is it from the date that it was posted or when it arrived (29th June) or the 30th When they responded:confused: .

I believe its from when they received the letter.

 

Also I have read several threads recently saying that charges less that £12 are considered by the banks as fair. :confused: Whats the situation if you have several £5 charges over several weeks (they all add up and have know idea why they were taken).

 

Answers would be appreciated

 

Thanx

 

Malcontent

Malcontent

Data Protection Act sent to Halifax 08/06/06

Halifax statements received 23/06/06

Halifax Account Charges = £603

Preliminary letter to Halifax sent 26/06/06

Time waste letter received 05/07/06

Halifax offered £130 08/07/06

LBA sent 13/07/06

 

Financial sadists play vicious games with money as a way of asserting their power over others.

Returning money they have already stolen undermines their security and is their weakness.

 

Now is the time to turn the thumbscrew on them.

Link to post
Share on other sites

Question: From what date should I send the LBA? is it from the date that it was posted or when it arrived (29th June) or the 30th When they responded:confused: .

I believe its from when they received the letter.

 

Spot on - from when they received it.

 

Also I have read several threads recently saying that charges less that £12 are considered by the banks as fair. :confused: Whats the situation if you have several £5 charges over several weeks (they all add up and have know idea why they were taken)...

Some people have jumped to conclusions regarding a statement by the OFT. This actually stated that the £12 benchmark was the point at which THEY would take banks / CC companies to court - not the consumer.

 

Pay no attention to it - charges are unlawful, even the £5 ones, if they are more than the loss to the bank.

 

Reclaim them!

..

.

 

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.

 

 

Link to post
Share on other sites

Reply from Halifax Customer Relations this morning refering to terms and conditions blah,blah. Statting they believe its fair to pass costs on to those who dont need them the most.

 

Telling me to use tele and online banking (none of which I have ever done ) or using mini statements at cash machines (they took the cash card last year and couldnt care less anyway:cool: ) in fact I really dont use the account anymore because the peed me off so much. (just has an overdraft facility which i cant use and at the same time incurs no interest :D providing that I put the minimum in each month which accounts for less that what Im claiming on illegal charges).

 

Moving on - the letter states they have the right to close the account if its not used in a proper manner (actually thats a halifax own goal as they are the ones that have used my account in an improper way:-o )

Please Halifax close it - I dont need it now - I just want the money you took from me .

 

Anyway, they are prepared to refund £130 which still leaves £500 if I accept a full and final settlement (which I wont anyway) - and they confirm that they are unable to comply with my request on their charges as they are not obliged under the Data Protection Act to supply the information.

 

The LBA will be sent on Monday and I just cant wait to get to the court. :razz: (patience has never been my strong point).

If Halifax want to defend the case - "bring it on" as I really dont mind being a "test case".

 

Question, Can I now apply the interest with the LBA?

 

 

 

Will keep you posted on events

Malcontent

Data Protection Act sent to Halifax 08/06/06

Halifax statements received 23/06/06

Halifax Account Charges = £603

Preliminary letter to Halifax sent 26/06/06

Time waste letter received 05/07/06

Halifax offered £130 08/07/06

LBA sent 13/07/06

 

Financial sadists play vicious games with money as a way of asserting their power over others.

Returning money they have already stolen undermines their security and is their weakness.

 

Now is the time to turn the thumbscrew on them.

Link to post
Share on other sites

Actually, just worked out that Halifax are out by £473 not £500

 

Well just need to add the interest wont I, which is currently running at approx £120

Malcontent

Data Protection Act sent to Halifax 08/06/06

Halifax statements received 23/06/06

Halifax Account Charges = £603

Preliminary letter to Halifax sent 26/06/06

Time waste letter received 05/07/06

Halifax offered £130 08/07/06

LBA sent 13/07/06

 

Financial sadists play vicious games with money as a way of asserting their power over others.

Returning money they have already stolen undermines their security and is their weakness.

 

Now is the time to turn the thumbscrew on them.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...