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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   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 ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   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 Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     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? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Which courts are carrying on????


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Hmm thats very bad Lady E its not good to do that to you especially so close to a court date the judge should have made a the bank turn up to argue the stay seeing as it was so close to the court date very bad!

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Hi All,

 

I called into Caernarfon County Court this morning, just to check on the progress of my claim. I like to look into people's eyeswhen talking to them. I like to know when people are trying to give me a load of bull, something I can't do when talking on the phone. Anyway, I have been told that ALL cases at Caernarfon County Court are being transferred to Cardiff and that All cases have been stayed. I will receive written confirmation of this fact within a couple of days. So it seems that Caernarfon County Court are staying all cases. Once I receive confirmation I will post it's contents here. I thought it was all too good to be true, LOL !!!!!!!!!!!!!.:mad:

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Hi All, I have received from HULL COUNTY COURT today a reply to my judgement request informing me it is stayed due to there currently being a 'test case' due. I can wait :mad:

28-05-2007--Received Schedule of Charges.

03-06-2007--Prelim sent.

12-06-2007--Reply - Thanks but charges lawful!

19-06-2007--Sent L.B.A. & Schedule of Charges

NOTHING RECEIVED AFTER 14 DAYS

05-07-2007--Phoned Halifax to discuss account. Still standing by charges.

13-07-2007--Filed N1 in Hull Court :wink:

20-07-2007--Halifax deemed served.

25-07-2007--Received offer £280 as Full and Final settlement.

27-07-2007--Sent rejection letter recorded delivery

03-08-2007--Rang Hull Court, nothing received from Halifax

04-08-2007--Sent Pre Judgement letter.

10-08-2007--Defence received from Halifax

13-08-2007--Judgement Request sent

24-08-2007--Claim stayed at Hull Court

31-08-2007--Applied for stay to be lifted

12-10-2007--Hearing for removal of stay on 31/10

31-10-2007--Removal of Stay struck out

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It would be very useful if you could post what your local court has told you regarding stay on claims due to the OFT report. We dont need to know what the banks said, we all know they will just tell us that they have a stay and that is that.

Remember that if your claim is involving a credit card claim, then it should NOT be stayed, and if it is you should appeal this decision immediatly.

 

All the below are reported to be proceeding on a case by case basis:

 

1. Barnet Civil and Family Courts Centre

2. Bishop Auckland County Court

3. Blackburn County Court NEW CLAIMS BEING STAYED

4. Bow County Court

5. Bristol County Court NEW CLAIMS BEING STAYED

6. Chichester County Court

7. Croydon County Court

8. Dingwall Sheriff Court

9. Gloucestershire Family and Civil Courts

10. Hull County Court

11. Keighley County Court

12. Kettering County Court

13. Leeds Combined Court Centre

14. Liverpool Civil and Family Court

15. Medway County Court

16. Milton Keynes County Court

17. Newcastle County Court

18. Newport (Isle of Wight) County Court

19. North Shields County Court

20. Romford County Court

21. Salford County Court

22. Scun.thorpe County Court

23. Slough County Court

24. St.Helens County Court

25. Stoke-on-Trent Combined Court

26. Sunderland County Court

27. Thanet County Court

28. Warrington and Runcorn County Courts

29. Wellingborough County Court

30. Willesden County Court

31. Woolwich County Court

32. Wrexham Count Court

 

All the below courts have said SOME cases will be stayed whilst the outcome of the test case is decided, this affects current account claims:

1. Aldershot & Farnham County Court

2. Altrincham County Court

3. Aylesbury County Court

4. Barnsley County Court

5. Barnstaple County Court

6. Birmingham Civil Justice Centre

7. Bournemouth County Court

8. Brentford County Court

9. Bromley County Court

10. Bury County Court

11. Carlisle Combined Court Centre

12. Chester County Court

13. Dartford County Court

14. Derby Combined Court Centre

15. Durham County Court

16. Eastbourne County Court

17. Edmonton County Court

18. Grantham County Court

19. Hastings County Court

20. Hitchin County Court

21. Huddersfield County Court

22. Hull County Court

23. Lancaster County Court

24. Mansfield County Court

25. Morpeth and Berwick County Court

26. Northampton County Court

27. Norwich County Court

28. Portsmouth Combined Court Centre

29. Redditch County Court

30. Rotherham County Court

31. Sheffield Laws Courts

32. Southampton Combined Court Centre

33. Stockport County Court

34. Stourbridge County Court

35. Teesside Combined Court Centre

36. Tunbridge Wells County Court

37. Wandsworth County Court

38. Watford County Court

39. West London County Court

40. Winchester Combined Court

41. Worcester County Court

42. York County Court

 

All the below courts have said ALL cases will be stayed, whilst the outcome of the test case is decided:

 

1. Ashford County Court

2. Basingstoke County Court, staying ALL cases from September 3rd, up until then its on a case by case basis.

3. Belfast (Laganside Court)

4. Birkenhead County Court

5. Blackpool County Court

6. Bolton Combined Court Centre

7. Bradford County Court

8. Brighton County Court

9. Caernarfon County Court

10. Canterbury Combined Court Centre

11. Cardiff Civil Justice Centre

12. Chesterfield County Court

13. Chorley County Court

14. Clerkenwell and Shoreditch County Court

15. Doncaster County Court

16. Exeter Combined County Centre

17. Gateshead County Court

18. Guildford County Court

19. Halifax County Court

20. Horsham County Court

21. Ipswich County Court

22. Leicester County Court

23. Luton County Court

24. Maidstone Combined Court Centre

25. Manchester County Court (Crown Square)

26. Manchester County Court (Deansgate)

27. Newport (Gwent) County Court

28. Nottingham County Court

29. Oxford Combined Court Centre

30. Oldham County Court

31. Peterborough Combined Court Centre

32. Plymouth Combined Court

33. Poole County Court

34. Preston Combined Court Centre

35. Rhyl County Court

36. Rugby County Court

37. Scarborough County Court

38. St Albans County Court

39. Southend County Court

40. Taunton County Court

41. Telford County Court

42. Torquay and Newton Abbot County Court

43. Trowbridge County Court

44. Weston-Super-Mare County Court

45. Welshpool and Newton County Court

46. Weymouth and Dorchester Combined Court Centre

47. Yeovil County Court

 

The situation at the below is still unclear:

 

1. Aberdare County Court

2. Aberdeen Sheriff Court

3. Aberysthwyth County Court

4. Accrington County Court

5. Airdrie Sheriff Cour

6. Alloa Sheriff Court

7. Arbroath Sheriff Court

8. Ayr Sheriff Court

9. Banbury County Court

10. Banf Sheriff Court

11. Barrow-in-Furness County Court

12. Basildon Combined Court

13. Bath County Court

14. Bedford County Court

15. Blackwood County Court

16. Bodmin County Court

17. Boston County Court

18. Brecon Law Courts

19. Bridgend Law Courts

20. Burnley Combined Court Centre

21. Burton-upon-tweed County Court

22. Bury St Edmonds County Court

23. Buxton County Court

24. Campbeltown Sheriff Court

25. Cambridge County Court

26. Carmarthen County Court

27. Central London County Court

28. Chelmsford County Court

29. Cheltenham County Court

30. Colchester County Court

31. Consett County Court

32. Conwy and Colwyn County Court

33. Coventry Combined Court Centre

34. Crewe County Court

35. Cupar Sheriff Court

36. Darlington County Court

37. Dewsbury County Court

38. Dornoch Sheriff Court

39. Dudley County Court

40. Dumbarton Sheriff Court

41. Dumfries Sheriff Court

42. Dundee Sheriff Court

43. Dunfermline Sheriff Court

44. Dunoon Sheriff Court

45. Duns Sheriff Court

46. Edinburgh Sheriff Court

47. Elgin Sheriff Court

48. Epsom County Court

49. Evesham County Court

50. Falkirk Sheriff Court

51. Forfar Sheriff Court

52. Fort William Sheriff Court

53. Glasgow Sheriff Court

54. Gravesend County Court

55. Great Grimsby Combined Court Centre

56. Greenock Sheriff Court

57. Haddington Sheriff Court

58. Hamilton Sheriff Court

59. Harlow County Court

60. Harrogate County Court

61. Hartlepool County Court

62. Haverfordwest County Court

63. Haywards Heath County Court

64. Hereford County Court

65. High Wycombe County Court

66. Huntingdon County Court

67. Ilford County Court

68. Inverness Sheriff Court

69. Jedburgh Sheriff Court

70. Kendall County Court

71. Kidderminster County Court

72. Kilmarnock Sheriff Court

73. Kings Lynne County Court

74. Kingston-upon-Thames County Court

75. Kirkcaldy Sheriff Court

76. Kirkcudbright Sheriff Court

77. Kirkwall Sheriff Court

78. Lambeth County Court

79. Lanark Sheriff Court

80. Leigh County Court

81. Lerwick Sheriff Court

82.Lewes Combined Court Centre

83. incoln County Court

84. Linlithgow Sheriff Court

85. Livingston Sheriff Court

86. Llanelli County Court

87. Llangefni County Court

88. Lochmaddy Sheriff Court

89. Lowestoft County Court

90. Ludlow County Court

91. Macclesfield County Court

92. Melton Moybray County Court

93. Merthyr Tydfil Combined Court Centre

94. Middlesbrough County Court

95. Mold County Court

96. Neath and Port Talbot County Court

97. Nelson County Court

98. Newark County Court

99. Newbury County Court

100. Northwich Magistrates and County Court

101. Nuneaton County Court

102. Oban Sheriff Court

103. Oswestry County Court

104. Paisley Sheriff Court

105. Peebles Sheriff Court

106. Penrith County Court

107. Penzance County Court

108. Perth Sheriff Court

109. Peterhead Sheriff Court

110. Pontefract County Court

111. Pontypool County Court

112. Pontypridd County Court

113. Portree Sheriff Court

114. Rawenstall County Court

115. Reading County Court

116. Reigate County Court

117. Rothesay Sheriff Court

118. Salisbury Crown and County Court

119. Selkirk Sheriff Court

120. Shrewsbury County Court

121. Skegness County Court

122. Skipton County Court

123. South Sheilds County Court

124. Southend County Court

125. Southport County Court

126. Southwark County Court

127. Stafford Combined Court Centre

128. Staines County Court

129. Stirling Sheriff Court

130. Stonehaven Sheriff Court

131. Stornoway Sheriff Court

132. Stranraer Sheriff Court

133. Stratford-upon-Avon County Court

134. Swansea Civil Justice Centre

135. Swindon Combined Court

136. Tain Sheriff Court

137. Tameside County Court

138. Tamworth County Court

139. Truro County Court

140. Uxbridge County Court

141. Wakefield County Court

142. Walsall Hearing Centre - County Court

143. Warwick Combined Court Centre

144. Whitehaven County Court

145. Wick Sheriff Court

146. Wigan County Court

147. Wolverhampton Combined Court Centre

148. Workshop County Court

149. Worthing County Court

 

IF YOU HAVE HAD YOUR CASE STAYED CLICK HERE TO FIND OUT WHAT TO DO NEXT AND HOW TO APPLY TO HAVE STAY SET ASIDE

 

Please remember that the details in the list can change at any time, so it would be advisable to keep checking back to see the current status of your local court.

:madgrin:

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BBC NEWS | Business | Judge calls halt to bank charges

 

Not sure if right thread. but may encourage everyone. not quite a win , but.....

 

(thanks to Kennythecelt for this)

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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Had a letter from Watford County Court today stating : "The court of its own initiative orders that this claim is stayed until 31 March 2008 with a view to awaiting the decision of the test case. Either party may apply at any time, by application onnotice in accordance with CPR 23, to lift the stay. If no such application is made, the court will give directions of its own initiative on the expiry of the stay."

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just spoken to Aldershot & Farnham county court and they have recieved all my CB for my case next tuesday.... but the good news is they have not recieved nothing from abbey... their cut off date was 21st august...the lady at thye court said the case will go ahead and it is unlikely now i will have it stayed... abbey could try to have it stayed on the day but due to them not filling the CB it will most likely not be granted.... YIPEEEEEEEEEEE!!!!!!!!! now what do i do on the day... i have printed off the paperwork incase they try to have it stayed but what do i do with regards to them not filling the CB... do i try to get abbey struck out and if so what do i need to do??? So in short Aldershot court is still have claims heard and is based on case to case situations......

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Banbridge court in Northern Ireland has just sent me a letter which I received today (court date on Monday) to say that the District Judge has directed that all bank cases be stayed until the end of February 2008 due to a test case pending in England. No need for attendance at court on Monday. Notification will issue in due course of your Court date for February/March 2008!!!!

Ginger Rogers could do all Fred Astaire did but SHE could do it backwards AND on heels!

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  • 2 weeks later...

adam1976brown

 

Don't get too complaceant? That happened to my hubby. Abbey didn't submit anything. I rang the court (Newcastle upon Tyne) the day before and they told me that Abbey had applied for a blanket stay on all claims but the judge would not allow it and said that Abbey would have to apply on an individual basis. They sent a barrister to represent them on the morning of the hearing and he was applying for a stay. When we entered the room the judge had been given instructions that morning to stay all bank charge cases until the High Court test case goes through.

 

My hearing is due for 28 September and I have just rang the court and they told me it is still going ahead for that date and probably the smae thing will happen.

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Sorry to burst your bubble adam1976brown but in nearly all cases Abbey have not submitted a CB but have been allowed to turn up on the day and apply for a stay and have been granted it. So polish up your arguements against a stay application you will most likely need it

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Hello PSM,

 

If poss, can you direct me to a list of cases won against Abbey either a comprehensive one showing all cases or CAG members cases one will suffice.

 

I am on line now if you can help.

 

Many thanks

D

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  • 2 weeks later...

Just got back from court this morning for my bank charges claim. Abbey again sent a barrister to apply for a stay.

 

The judge was lovely. She told the barrister that she couldn't find any papers in regards to the application for the stay and he said that he was here now to make the application. She told him that it wasn't good enough and he explained that because of the volume of these cases banks left it till the last minute.

 

She said that in that case she was awarding me costs for my time and gave me the maximum £50!

 

She stayed the case though pending the outcome of the test case as she said it wouldn't be fair to rule now. I thought she was going to at first!

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got a letter today

had to fill in n244 form for the matter to be listed for a hearing

im going for alifting of a stay

blackpool c.c.

hugs

abg

xxxxxxxxxxxxxxxxxxxxxx

 

I have got a hearing date 13 November for lifting of stay at Blackpool county Court, but am trying to change it as is in middle of my Hols. Have you got a date yet? :D:D

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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Just got back from court this morning for my bank charges claim. Abbey again sent a barrister to apply for a stay.

 

The judge was lovely. She told the barrister that she couldn't find any papers in regards to the application for the stay and he said that he was here now to make the application. She told him that it wasn't good enough and he explained that because of the volume of these cases banks left it till the last minute.

 

She said that in that case she was awarding me costs for my time and gave me the maximum £50!

 

She stayed the case though pending the outcome of the test case as she said it wouldn't be fair to rule now. I thought she was going to at first!

 

Funny how they manage to do it at the last minute! If they can do it at the last minute they must know in advance but do not see it as important.

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Icy,

just an update.

Rang Skipton County Court tonight to see if they were still carrying on, and they informed me that ALL cases there are being stayed and they will take new cases but will more than likely stay them at point of application.

will try and clarify what they mean.:confused:

 

Oh Its been a while, but:- KKKKKERRRRCHING another £1.26 interest cheers nationwide.:D

 

stay fresh peeps

 

regards

chris.:D

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  • 5 weeks later...
  • 3 months later...

Hi Icy and everybody,

 

Just an update, Halifax CC have extended their stay on all claims until 28th JULY 2008 until the Judge makes his decision:mad: ,

 

Stay in there guys we've waited this long and I think it's flown, so another 5 months worth of added interest won't go amiss now will it!!!;):D

 

stay fresh peeps

 

regards

 

chris

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