Baviaanuk Vs Halifax

[Baviaanuk]

Thanks for the quick response Tilly, is it acceptable to add my Particulars of claim as an attachment to the court bundle? I cannot write that small and fit it all on the court document.

 

Thanks

[**Tilly**]

you can add another sheet of the poc if you cant fit it all on you just need 3 copies of your n1 3 copies of your poc and 3 copies of your spreadsheets no court bundle at this stage

[**Tilly**]

thanks for the click:)

[**Tilly**]

FSA To Review Waiver

[Baviaanuk]

Ok, I have filed with court and quiet frankly am disgusted with the way The Halifax are dealing with claims now. I have been taking some legal advise over the last few days (lucky enough to have a Barrister in the family) He has kindly offered to represent me free of charge and I am taking him up on his offer, if the Halifax want to play hardball, I will protect my interests 100%

 

This may even open up new avenues of possibility for other users in the same boat with imminent court dates vs HBOS

[Baviaanuk]

I will try this letter, see where it gets me.

 

Dear Howard

 

I am writing to thank you for bouncing my cheque with which I endeavoured to pay my car insurance last month. By my calculations, three nanoseconds must have elapsed between presenting the cheque and the arrival in my account of the funds needed to honour it. I refer, of course, to the automatic monthly deposit of my entire salary, an arrangement which, I admit, has been in place for only eight years.

 

You are to be commended for seizing that brief window of opportunity, and also for debiting my account £39 by way of penalty for the inconvenience caused to your bank.

 

My thankfulness springs from the manner in which this incident has caused me to rethink my errant financial ways. I noticed that whereas I personally attend to your telephone calls and letters, when I try to contact you, I am confronted by the impersonal, overcharging, prerecorded faceless entity which your bank has become.

 

From now on, I, like you, choose only to deal with a flesh-and-blood person. My mortgage and loan repayments will, therefore and hereafter, no longer be automatic, but will arrive at your bank, by cheque addressed personally and confidentially to an employee at your bank whom you must nominate. Be aware that it is an offence under the Postal Act for any other person to open such an envelope. Please find attached an Application Contact Status which requires your chosen employee to complete. I am sorry it runs to eight pages, but in order that I know as much about him or her as your bank knows about me, there is no alternative.

 

Please note that all copies of his or her passport and proof of address must be countersigned by a Notary Public, and the mandatory details of his/her financial situation (income, debts, assets and liabilities) must be accompanied by documented proof.

 

In due course, I will issue your employee with a PIN number which he/she must quote in dealings with me. I regret that it cannot be shorter than 28 digits but, again, I have modelled it on the number of button presses required to access my account balance on your phone bank service. As they say, imitation is the sincerest form of flattery.

 

Let me level the playing field even further. Press buttons as follows:

 

1. - To make an appointment to see me.

2. - To query a missing payment.

3. - To transfer the call to my living room in case I am there.

4. - To transfer the call to my bedroom in case I am sleeping.

5. - To transfer the call to my toilet in case I am attending to nature.

6. - To transfer the call to my mobile phone if I am not at home.

7. - To leave a message on my computer, a password to access my computer is required. Password will be communicated at a later date to the authorized contact.

8. - To return to the main menu and to listen to options 1 through 7.

9. - To make a general complaint or inquiry. The contact will then be put on hold, pending the attention of my automated answering service. While this may, on occasion, involve a lengthy wait, uplifting music will play for the duration of the call.

 

Regrettably, but again following your example, I must also levy an establishment fee to cover the setting up of this new arrangement. May I wish you a happy, if ever-so-slightly less prosperous day?

 

Your Humble Client

Baviaanuk

 

 

Any changes necessary??

[Baviaanuk]

Received a letter from the County Court this morning, advising that Halifax have filed an acknowledgement of service, they now have until the beginning of September to file defence, lets see what happens

[Baviaanuk]

GRRRRRR just found out my case has been stayed

 

I will appeal once I have seen the courts letter although its obvious what the judge will do with that (A4 sized toilet paper no doubt)

 

Looks like we have to wait for the court case crap etc to finish, one question I have, once the OFT and the banks have sorted this out and a suitable amount has been decided, am I still able to recoup my court costs? I know the interest is still reclaimable, but have no clue about costs.

 

Another question I wonder, does anyone know the likelihood of the banks being forced to refund all bank charges, irrespective of whether or not people have made a claim?

 

If this is unlikely, I intend to mailshot people with full instructions on how to get a claim in place as well as (if necessary) standing outside Halifax branches, giving people all necessary information.

[sea-sidelady]

Which court was this, and have you had conformation?

[Baviaanuk]

It is Maidstone Combined County Court. I have not heard officially from the court although I noticed in the "which courts are continuing thread" someone has contacted the court and been told that all claims are to be stayed

 

I guess the letter confirming that will be in the post tomorrow

[jansus]

if its any compensation my judge at aylesbury is considering my n244 application to have stay lifted (Aylesbury) also see post on 16th august here

 

SarahApples vs Barclays 16.8.07 - **WON IN COURT**

 

jan

[Baviaanuk]

Looks like we have to wait for the court case crap etc to finish, one question I have, once the OFT and the banks have sorted this out and a suitable amount has been decided, am I still able to recoup my court costs? I know the interest is still reclaimable, but have no clue about costs.

 

 

Another question I wonder, does anyone know the likelihood of the banks being forced to refund all bank charges, irrespective of whether or not people have made a claim?

 

Bump

[Baviaanuk]

Interesting development, I phoned Maidstone Combined County Court as I had not received any confirmation of the blanket stays which were apparently being put into place. The court clerk advised that this was the original plan (to make blanket stays) but "the situation is currently being reviewed as it seems that the District Judge is having second thoughts :D"

 

I also received the Halifax's response this morning (sent from Optima)

 

Great news

[Baviaanuk]

After the blanket stay situation, I must admit it kinda threw me off balance, the money I was so close to getting could have saved me a huge personal headache recently.

 

I was hoping someone could tell me how things stand at the moment, any recent advamcents I should be aware of? Or are we still waiting for the court case in early 2008?

 

Hope someone can fill me in.

 

Thanks

[Baviaanuk]

Anyone please??

[sea-sidelady]

We are still waiting, so there isnt much to tell you im afraid, as soon as there is any new information, it will be added to the stickys.

 

So it is best to just keep an eye on them and keep reading around. Im sure as soon as there is something new you will hear.