Halifax Bank

[pt2537]

Re: Halifax Bank

I see, so weve gone from the implication that "every credit agreement" is irredeemably unenforceable, to your credit agreement is improperly executed, and enforceable by court order only. Good to see that were clear on where we stand.

Now then, if your credit agreement is missing a "prescribed" term, rather than a schedule 1 Consumer Credit Agreements Regulation 1983 term, then your lawyer is wrong, because if the prescribed terms are not in the agreement, its irredeemably unenforceable end of (See House of Lords case of Wilson v Secretary of Trade and Industry aka Wilson v First County Trust) this of course assumes your agreement was executed before 6th April 2007

As i say, its important to get things right, making statements that every credit agreement is unenforceable without even seeing the agreement helps no one

[sloane82]

Re: Halifax Bank

Ok so what can I do to get my money back?

[sloane82]

Re: Halifax Bank

I have received my defence on the end of March but it mentions in there that the defendant Halifax Bank and TLT Solicitors want to strike out my claim, I have not heard anything that the claim has been struck out or had my N180 form or hearing date, what do I do now?

[Amethyst]

Re: Halifax Bank

Usually takes a couple weeks once defended, give the court a call if you're worried about the status of the claim and they should be able to tell you when the Directions Questionnaires will be sent out.

[sloane82]

Re: Halifax Bank

Hi I have received the date of the hearing 21st June 17 there is an application for summary I have not received my notice of questionnaire pack for option of mediation, when am I likely to receive this please.

[Diana M]

Re: Halifax Bank

I have received the date of the hearing 21st June 17 there is an application for summary I have not received my notice of questionnaire pack for option of mediation, when am I likely to receive this please.

Unless I've misunderstood, you are the Claimant in this case.

According to post # 14 the Defendant filed at Defence at the end of March.

Presumably that was served on you by the court advising you that you had 28 days to inform them if you wished to continue with the proceedings or the claim would be automatically stayed. Did you do that? You wouldn't receive a Directions Questionnaire unless you did.

It appears that the Defendant has made a Summary Judgment Application to strike out your claim as having no merit (or another reason) and a hearing has been listed 21st June.

Have you received a copy of their SJ Application together with any WS setting out the reasons for their Application?

If they are successful in their Application then you may be ordered to pay their legal costs.

How much is your claim? You said in your first post it was "thousands". If it is over £10k then the court's free telephone Mediation would not be available to you since the claim would normally be allocated to the Fast Track.

You need to respond to that SJ application.

Di

[sloane82]

Re: Halifax Bank

Hey Kati my small claims court hearing is on the 21st June 2017 2pm at Warwick County Courts could Howlett Clarke help me with this please.

[Amethyst]

Re: Halifax Bank

You'd be best off giving them a call however with 7 days until the hearing ( for summary judgment ) I'm not sure I fancy your chances without previous history and I know PT is away for a few days. You could also try speaking with [MENTION=7765]Joanna C[/MENTION]; / [MENTION=87380]Diana M[/MENTION]; but again, there's 7 days till the hearing...

Is this the same accounts as http://legalbeagles.info/forums/atta...0&d=1419279986 ?
This seems to outline the case a bit - http://legalbeagles.info/forums/show...760#post717760

How much are you suing Halifax for ?

What was your particulars of claim ? You've mentioned bits but tbh the posts don't make a great deal of sense and it's hard to keep track so you would be best posting the actual document ( suitably redacted ) - seems to have mentioned the Foster-Burnell case and some EU Recitals - but mentioned unfair terms somewhere?

What was their defence ? Did they actually defend or just go direct for summary judgment ?

They've applied for Summary Judgment - did you get a copy of the application - on what grounds have they applied ? Have you done anything in response to their application ? Submitted a Witness Statement defending your position etc ??

[Diana M]

Re: Halifax Bank

Hey Kati my small claims court hearing is on the 21st June 2017 2pm at Warwick County Courts could Howlett Clarke help me with this please.

If Kati has previously advised you that Howlett Clarke can help you with your legal claims then you should send her a PM or tag her on this thread.

Di

[sloane82]

Re: Halifax Bank

will send her a PM.

[Kati]

Re: Halifax Bank

If Kati has previously advised you that Howlett Clarke can help you with your legal claims then you should send her a PM or tag her on this thread.

Di

I hadn't

[sloane82]

Re: Halifax Bank

Say again sorry?

[warwick65]

Re: Halifax Bank

I think Di assumed kati had referred you to HC by the way you phrased your question

If you want help from a solicitor maybe you need to contact them directly http://lbcompare.co.uk/services/

Leamington ( where Warwickshire Justice Centre is) is a long way from Brighton where Howlett Clarke are

[sloane82]

Re: Halifax Bank

That's what I've been doing all day, need someone who will take a probono case please David Lee Solicitors were quite interested, contacted Howlett Clarke also.

[Amethyst]

Re: Halifax Bank

You'd be best off giving them a call however with 7 days until the hearing ( for summary judgment ) I'm not sure I fancy your chances without previous history and I know PT is away for a few days. You could also try speaking with [MENTION=7765]Joanna C[/MENTION]; / [MENTION=87380]Diana M[/MENTION]; but again, there's 7 days till the hearing...

Is this the same accounts as http://legalbeagles.info/forums/atta...0&d=1419279986 ?
This seems to outline the case a bit - http://legalbeagles.info/forums/show...760#post717760

How much are you suing Halifax for ?

What was your particulars of claim ? You've mentioned bits but tbh the posts don't make a great deal of sense and it's hard to keep track so you would be best posting the actual document ( suitably redacted ) - seems to have mentioned the Foster-Burnell case and some EU Recitals - but mentioned unfair terms somewhere?

What was their defence ? Did they actually defend or just go direct for summary judgment ?

They've applied for Summary Judgment - did you get a copy of the application - on what grounds have they applied ? Have you done anything in response to their application ? Submitted a Witness Statement defending your position etc ??

While you're waiting for someone to get back to you it would help if you post up your documents so at least you have some hope of getting this back in order before the hearing.

It is impossible to help you otherwise.