Halifax Bank

[sloane82]

Hi I have had thousands of pounds worth of charges regarding Halifax Bank, I have sent off my N1 form and have been sent a letter from TLT Solicitors regarding an acknolodgement of service, mentioning to give them 28 day's can I send my Notice of Issue which is due on the 23rd February stating that the defendant has not filed an admission or defence, or do I have to wait 28 days?

[pt2537]

Re: Halifax Bank

Hi I have had thousands of pounds worth of charges regarding Halifax Bank, I have sent off my N1 form and have been sent a letter from TLT Solicitors regarding an acknolodgement of service, mentioning to give them 28 day's can I send my Notice of Issue which is due on the 23rd February stating that the defendant has not filed an admission or defence, or do I have to wait 28 days?

If the Defendant has filed an Acknowledgment of Service and has asked you for an extension of time for filing their Defence, then it would be wise to agree otherwise if you enter judgment they will apply to set aside judgment and you would arguably be at risk of costs.

Perhaps it would be worth posting up the text of the letter so we can be sure what they are asking for.

[Diana M]

Re: Halifax Bank

I have had thousands of pounds worth of charges regarding Halifax Bank

How many "thousands of pounds" are you claiming?

DI

[sloane82]

Re: Halifax Bank

Basically I have sent off the notice of issue and I have had a letter back saying that from total we are instructed by bank of Scotland plc ta Halifax the bank. Correct defendant we note that you have issued your claim against Halifax Bank upon consideration of the papers the correct defendant for the purpose of your claim is bank of Scotland plc ta Halifax. Acknowledgement of service we confirm that a copy of the same has been filed at court. Defence the banks defence is currently due on 9 March 17 we arexpect in the process of investigating this matter with our client in order to file a substantive response to the proceedings. Considering the points raised that this will take time to review. In the circumstances we request an extension of 28 days until 6th April 17. For our client to file a defence to the proceedings. In the accordance with cpr 15.5. Given the timescales involved we should be great full for your response by the 24 th February 17 so do I send my notice of issue off with the defendant has not filed a defence or admission?

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Sorry got the notice of issue it needs to be sent off on the 23rd February.

[pt2537]

Re: Halifax Bank

Basically I have sent off the notice of issue and I have had a letter back saying that from total we are instructed by bank of Scotland plc ta Halifax the bank. Correct defendant we note that you have issued your claim against Halifax Bank upon consideration of the papers the correct defendant for the purpose of your claim is bank of Scotland plc ta Halifax. Acknowledgement of service we confirm that a copy of the same has been filed at court. Defence the banks defence is currently due on 9 March 17 we arexpect in the process of investigating this matter with our client in order to file a substantive response to the proceedings. Considering the points raised that this will take time to review. In the circumstances we request an extension of 28 days until 6th April 17. For our client to file a defence to the proceedings. In the accordance with cpr 15.5. Given the timescales involved we should be great full for your response by the 24 th February 17 so do I send my notice of issue off with the defendant has not filed a defence or admission?

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Sorry got the notice of issue it needs to be sent off on the 23rd February.

So they have asked for an extension. Accordingly you would be wise to agree to their request, and write back to them agreeing their extension. If you refuse you will undoubtedly face an application to the Court and that could land you with their legal costs too

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Basically I have sent off the notice of issue and I have had a letter back saying that from total we are instructed by bank of Scotland plc ta Halifax the bank. Correct defendant we note that you have issued your claim against Halifax Bank upon consideration of the papers the correct defendant for the purpose of your claim is bank of Scotland plc ta Halifax. Acknowledgement of service we confirm that a copy of the same has been filed at court. Defence the banks defence is currently due on 9 March 17 we arexpect in the process of investigating this matter with our client in order to file a substantive response to the proceedings. Considering the points raised that this will take time to review. In the circumstances we request an extension of 28 days until 6th April 17. For our client to file a defence to the proceedings. In the accordance with cpr 15.5. Given the timescales involved we should be great full for your response by the 24 th February 17 so do I send my notice of issue off with the defendant has not filed a defence or admission?

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Sorry got the notice of issue it needs to be sent off on the 23rd February.

So they have asked for an extension. Accordingly you would be wise to agree to their request, and write back to them agreeing their extension. If you refuse you will undoubtedly face an application to the Court and that could land you with their legal costs too

[sloane82]

Re: Halifax Bank

I have agreed to the extension but what happens if I do not hear anything from them on the 6th April when they say this will be the time when they, file there defence?

[nemesis45]

Re: Halifax Bank

I have agreed to the extension but what happens if I do not hear anything from them on the 6th April when they say this will be the time when they, file there defence?

Hi,
How long is the extension?

nem

[sloane82]

Re: Halifax Bank

They have to give there defence on the 6th April so until then, I have not heard anything since February when TLT sent me there acknowledgment of service which is odd and it's been over a month surely it doesnt take that long?

[sloane82]

Re: Halifax Bank

I have received my defence today, it says that they are trying to strike out the claim, under a number of reasons, This application is for summary judgment under CPR 24.2 and/or strike out under CPR 3.4 of the claim, or any part of it. The defendants position is that the claim.Discloses no reasonable grounds for bringing the claim see cpr 3.4 is an abuse of process see cpr 3.4/24.2 fails to comply with the requirements of the cpr see 3.4 and or cpr 24.2 or discloses no real prospect of success and there is no other reason for a trial see cpr 24.2, which seems a bit odd as I do have a case.

That I opened an account in 2003-2010 which is now statute barred ok, I can still appeal this as I had loads of charges on the account which were unfair under the unfair terms in consumer contract regulations 2009 odd that.

A credit card which was opened in 2007 closed in 2010 which I had late payment charges on etc, which they are trying to statute barr them.

2 other account which were closed, in 2012 which I had loads of charges on, that I had numerous complaint with the fos, I mentioned about the Oliver Foster Burnell case, that I stated the case and failed to swet out why I considered the case should be applied odd that.

I mentioned about Recital 19 of the EEC Directive 93/13 but they say such an allegation is bound to fail on a number of reasons that the recitals are not provisions of law, the directive has no direct application to Uk law which is odd why use this in the Oliver Foster Burnell Case? Recital 19 is not relevant.

I therefore submit that the claim on this ground discloses no reasonable prospect of success whis is odd as I have a good chance of success.

That I also rely on sections 5-7 of the consumer protections for unfair trading regulations 2008.
That I failed to particularise how I have been mis-sold?

Breach of Contract that I have failed to explain this,

Unfair Charges and fees that it was poorly particularised that I stated they were unfair.

The monthly charges were set out in the terms and conditions,

That I made numerous complaints about them being applied but continued to operate the account?

That I have had goodwill gestures ok.

The Claimant paid the charges for extended periods of time without complaint I made a few complaints? Often transferring money well I did transfer money that's ok to do.

The claimant was provided with details of his rights to complain to the fos a complaint was made and the fos concluded they were fair they were not.

The Defendants record show the claimant was not in financial hardship I was quite a few times, when I contacted them about this they told me to pay, my overdraft off which I could not do and had £1 per day charges with 2 accounts getting me up to £62 a month for both accounts. That I have failed to particularise any grounds for unfairness which is odd but even if done so this ground has no reasonable prospects of success?

I respectfully submit that allowing the claim to continue to trial would be contrary to the overriding objective and in particular, the courts duty to deal with cases justly and at proportionate costs CPR 1.1 2 with reference to saving expense C:PR 1.1 2 b dealing with the case which in ways are proportionate, CPR 1.1 2 and allotting to it an appropriate share of the courts resources, while taking into account the need to allot resources to other cases, so trying to fob the case off?

In considering the claim, the defendant refers to the court to its duty under CPR 1.4 1 to further the overriding objective by actively managing cases, and deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others, CPR 1,4 c?

For the reasons set out in this statement, I respectfully submit that the claim should be summarily determined in the defendants favour and or it should be struck out. The claim should be dismissed and the claimant should be ordered to pay the defendant, I am in financial difficulty, the costs of this application to the claim, signed the solicitor odd this have i got a good claim to get my money back?

[Spellkaster]

Re: Halifax Bank

If you opened up the credit card account BEFORE April 2007 then its pretty much unenforceable as its missing perscribed terms.

[sloane82]

Re: Halifax Bank

As I had PPI Packaged accounts etc I have been mis-sold theses as I did not need them which is also odd do they have to give me back the charges on these even though, I claimed back my PPI and packaged account?

[sloane82]

Re: Halifax Bank

The credit card was after april 2007 as with my current accounts.

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Sorry 2 current accounts one was opened in 2003.

[pt2537]

Re: Halifax Bank

If you opened up the credit card account BEFORE April 2007 then its pretty much unenforceable as its missing perscribed terms.

really?and you can tell that how? Are you suggesting that every bank building society and lender in general made errors on every credit agreement ? please do me a favour, do proper research on this

[sloane82]

Re: Halifax Bank

I never said that I mentioned that I was in financial difficulties and had a lot of charges on my account, there were thousands of pounds worth of charges, what grounds do I have of claiming them back?

[Spellkaster]

Re: Halifax Bank

really?and you can tell that how? Are you suggesting that every bank building society and lender in general made errors on every credit agreement ? please do me a favour, do proper research on this

I have actually.

My 2007 credit agreement is missing 3 very serious conditions.

Conditions 5, 8.1 and 12.2 are all mention in the agreement but were NOT provided.

The agreement has also not been signed by the bank in the signature box.

I've been told by a solicitor this agreement has been improerly executed, and then bank can't do nothing except apply to the court to be able to claim.