CCJ Claim from Bryan Carter/Lowell for Halifax current account

[FlamingParrot]

Re: CCJ Claim from Bryan Carter/Lowell for Halifax current account

Thank you BBP for your response, it's nice to know I have your empathy and your support.

I think they can only allocate the claim to small claims once I file a defence, but dont take that as gospel I've been reading Parts 26 and 27 of the CPR and I'm yet to file a defence! I have to this week as FP pointed out.

This is correct, :thumb: once you submit your defence, it will be served on the other side who will have 28 days to respond and state whether they wish to proceed with the case. If they decide to proceed, you will receive a directions questionnaire like this one: http://hmctsformfinder.justice.gov.u...s/n180-eng.pdf. Most claims under £10k end up on the small claims track but that's still some way away.

[Headsup]

Re: CCJ Claim from Bryan Carter/Lowell for Halifax current account

Good Evening all/FP

sent by email as well as by post and I may be a good idea to give them a ring and discuss both issues, you may get someone more clued up than the clerk who printed the template letter

Yes, I have e-mailed this over this morning and phoned to discuss this afternoon

I spoke to a nice chap who advised me emails are responded to within 72hrs. I asked if they could agree an extension and he basically said no because of the time that has elapsed since they started to pursue the debt, it wouldn't be in their clients interest, I see his point. However, he did say he would look for my email and try to respond but I should stick to the timeline (He however quoted the 10th June for submitting a defence!) on-line maybe!!

I'm not holding my breath for a response though, so I'm concentrating on a defence now because they have the upper hand now; I need to file a defence before they need to respond to my latest CPR request as above!

I think my only real defence is to prove that the majority of the debt is made of bank charges if I take it across the life span of the bank account of which I sent HBOS requests to review the charges, of which they ignored

Thoughts most welcome

[bigbigproblems]

Re: CCJ Claim from Bryan Carter/Lowell for Halifax current account

Good Evening all/FP

Yes, I have e-mailed this over this morning and phoned to discuss this afternoon

I spoke to a nice chap who advised me emails are responded to within 72hrs. I asked if they could agree an extension and he basically said no because of the time that has elapsed since they started to pursue the debt, it wouldn't be in their clients interest, I see his point. However, he did say he would look for my email and try to respond but I should stick to the timeline (He however quoted the 10th June for submitting a defence!) on-line maybe!!

I'm not holding my breath for a response though, so I'm concentrating on a defence now because they have the upper hand now; I need to file a defence before they need to respond to my latest CPR request as above!

I think my only real defence is to prove that the majority of the debt is made of bank charges if I take it across the life span of the bank account of which I sent HBOS requests to review the charges, of which they ignored

Thoughts most welcome

Hey - this is just my opinion. So feel free to ignore it. But I wouldn't say enough here so that they can work out who you are. I think the idea that organisations are not looking at this and CAG is ridiculous. So don't help them out.

The other thing is - when you call anyone record it!!! Here is a bit of advice - at every company i've ever worked calls are recorded and are only gotten ridden off when they don't help the organisation.

Thirdly - realistically you are just going to have to make life so difficult for them that they give up! I've said it before - these companies operate because people don't stand up to them. Whilst you might owe some money, that doesn't mean they don't have to prove you do! My experience is that they are generally unwilling to go to the time or expense of doing that!

Finally - stop being so nice. Most of the people on here have received some help at some point in their life. I've certainly gotten my fair share of advise from people on here. So you don't have to be so grateful!

Good luck!!

[Headsup]

Re: CCJ Claim from Bryan Carter/Lowell for Halifax current account

Hello BBP

But I wouldn't say enough here so that they can work out who you are. I think the idea that organisations are not looking at this and CAG is ridiculous. So don't help them out

Good point, I am weary of what level of detail I should include.

when you call anyone record it!!!

I took a name and time of call

realistically you are just going to have to make life so difficult for them that they give up!

I know there's a lot of DCAs that are just chancers, but blood has been spilt here and the predator is hungry

Finally,

stop being so nice. Most of the people on here have received some help at some point in their life. I've certainly gotten my fair share of advise from people on here. So you don't have to be so grateful!

I hope that if and when I help anyone, in any walk of life, they will appreciate it too! Thats just me, I like to be nice if I can It's refreshing to find other people who like to be nice too, or have I got it all wrong?

Thank you for your response, (or is that me being nice again) Big thanks BBP

[Headsup]

Re: CCJ Claim from Bryan Carter/Lowell for Halifax current account

Hello anyone!

Further to my last course of action of emailing a follow up letter to the CPR 31.14 as suggested above (http://www.legalbeagles.info/forums/...385#post410385) and as per FP suggestion of phoning them to confirm they had received it

As you are a litigant in person (LIP), you'll need more time to file your defence and, under CPR 15.5, the parties can agree to up to 28 days extension, so you are kindly requesting their agreement.

After speak to BC, I basically got an email response saying: "they confirm their client is not agreeable to an extension"

I don't really know know where this leaves me other than file my defence and see how it goes :tinysmile_cry_t:

I'm still very open to suggestions,

Many thanks

[Headsup]

Re: CCJ Claim from Bryan Carter/Lowell for Halifax current account

Hello everyone,

Just a quick update for anyone that has been following this thread. I filed my defence following some of the guidelines on here and mainly stating: "I hadn't had a CPR 31 response, so I was unable to file a defence"

Well, I got a letter off the court today saying that they will forward my defence to the claimant who now has 28 days to respond. If they fail to respond the claim will be stayed. Fingers crossed, but I think I have only suceeded in keeping the wolves away from my door for a few more weeks

[Headsup]

Re: CCJ Claim from Bryan Carter/Lowell for Halifax current account

Hi Guys,

Long time I know and this may appear a cold case now, but it's actually just reaching its finale!

Thanks to this forum, I have taken some valued advice and now the thread is only just about to reach it's conclusion and I could really do with a final push to get resolve in my favour and I appeal to you all to offer some advice.

Please look through the thread to see the time line and background. I am in the process of sending a response to a court order issued on 4th September. The order had given 14 days for the claimant to produce the Particulars of the Claim, thereafter the defendant 14 days to respond. I understand he will then give a direction. The Judge stated it would be stricken out if the claimant failed to produce the PoC, however one of the BC trainees have responded so I have to defend now :tinysmile_hmm_t2:

The complication comes because, I have a default notice from Halifax dated the March 2008, meaning the debt should be statue barred, which I stated on my original defense, but BC say the debt is only SB on the 3rd of October.

So do I delay my response until Friday and simply state the debt is SB or do I offer a defense and include the default notice from 2008? I suppose I'm trying to predict if the judge has empathy for my defense or simply matter of fact and stick to the rules.

In my original defense I stated I neither confirm or deny the claim and planned to demonstrate that unfair bank charges applied constituted about 45% of the debt! Maybe not a true defense!

Much appreciation for your response in advance, thanks again

[theladyknows]

Re: CCJ Claim from Bryan Carter/Lowell for Halifax current account

http://www.legalbeagles.info/judgmen...August2014.pdf

I am in a similar position with Halifax but it hasn't gone to court yet.
I am considering using the points raised in the above fairness case as a defense.

Basically it seems to apply where the Bank increase the charges agreed to without giving you an opt out.
I am presuming as an older Halifax customer you would have seen these rise £20-£25-£30
If you could not exit the contract because of money owed then I believe you may have a case.
I am still waiting others view on this.

[nemesis45]

Re: CCJ Claim from Bryan Carter/Lowell for Halifax current account

Emm the link takes me to "Amazon Seller"/Amazon Central"???

nem

[Headsup]

Re: CCJ Claim from Bryan Carter/Lowell for Halifax current account

I am in a similar position with Halifax but it hasn't gone to court yet.
I am considering using the points raised in the above fairness case as a defense.

Basically it seems to apply where the Bank increase the charges agreed to without giving you an opt out.
I am presuming as an older Halifax customer you would have seen these rise £20-£25-£30
If you could not exit the contract because of money owed then I believe you may have a case.
I am still waiting others view on this.

Why have we got the same avitar?

and why does the link go to amazon???

[nemesis45]

Re: CCJ Claim from Bryan Carter/Lowell for Halifax current account

I guess 1 is down to the " management" the other is a " cock up".

nem

[Tools]

Re: CCJ Claim from Bryan Carter/Lowell for Halifax current account

Thanks Nem, link amended no idea what happened there, probably cockpit error.

As for the avatars, we changed it so that if you do not choose an avatar when you register, it automatically displays a baby beagle. If you wish to alter it you are free to do so via your profile controls.

[Kati]

Re: CCJ Claim from Bryan Carter/Lowell for Halifax current account

Why have we got the same avitar?

and why does the link go to amazon???

I guess 1 is down to the " management" the other is a " cock up".

nem

Yup :nod: The avatar is just one of the preset ones I'm afraid, and [MENTION=7]Tools[/MENTION] has fixed the link
(I've removed the link from your quote tho' [MENTION=48169]Headsup[/MENTION] as it was still going to Amazon).

K x

[nemesis45]

Re: CCJ Claim from Bryan Carter/Lowell for Halifax current account

Wouldn't be any good for me I'm not small, furry or cuddly

nem