lol sbobpants next letter I'll have from them will be to call in my overdraft no doubt !

thanks for the advice and reply.. my sister rang the bank ombusman (excuse spelling) and they are going to write to Halifax for her... and will also be mentioning the stress etc., will post the outcome for others in time as Halifax will have 8 weeks to reply!

Sorry have posted this in someelse thread but thought best to start a new one My sister has recently been to the CAB to sort out her credit card debts and they advised that due to her income (all income support and child benefit - she has six children and recently divorced) that she could not afford to make any payment. Today the Halifax credit card took from her halifax savings account £112 (from savings of £200 for emergencies like school uniform, food etc.,) to pay 2 months arrears. When she phoned them they stated that they were entitled to do so and would not refund the money. Is this against the law???? If I a m in the wrong thread please redirect me to the right place please! vbrep_register("1070177")

made own thread on this sorrie

just found this for you claret, could add this (thats if you are on benefits sorry if your not!!) The Claimant contends that the charges constitute an assignment of money by the Defendant and to the Defendant contrary to a) s187 Social Security Administration Act 1992 regarding Income Support and Child Benefit, and b) s45 of the Tax Credits Act 2002 regarding Child Tax Credit, and are thereby illegal. The Claimant contends that the contract terms that the Defendant relies on to justify debiting these charges are void by virtue of the same sections.

hiya, Section C I put the Human Rights statement and if you look back in this thread theres a bit (letter) on the Social Security Act I typed that up as a statement quoting the act and added that as well. Good luck

knowing our luck, the circut judge for that day in Kingston would be our old friend [edit] !!!! No derogotory comments towards judges please.

Yes, wont harm to add that fact in

does that mean Barclays has up to 3 months after the result of the OFT case to apply to ccc for directions? not quite sure myself... I used to live in Epsom, Surrey and used to shop in Kingston... wouldn't mind a trip up there! Claret, print out the objection and attach to N244, put see attached..

This is dreadful and I am sure we will see a lot more of these letters, me for one will be waiting for mine.... wonder if you can say 'skip the debt agency, take me to court now' ?

Just off the phone to ccc - yes hearing is vacated. It was Judge Hickinbottom who decided on the stay, the court is not aware of other cases being heard this week around the counrty i.e. Kingston, said that all courts in Wales were ordering stays. Our objection letters etc., would be put in front of the Judge, but no time limit given as to when we would receive a response. Can apply to have case moved to another court if we wish - haha pass the buck eh? Judge Hickinbottom will not be in court on the 14th - no probably sunning himself in Barbados - gutted and stamping feet in anger - what are we second class citizens!!!!

I think it is absolutely disgusting that our 'Judge' decided in his wisdom to vacate the hearing before even giving us a chance to listen to our reasons not to 'stay' after all its up to his discretion in a court case. But if the hearing has been vacated then I assume our 'slot' for a hearing is no longer there and we would be turned away if we turned up. The fact that we have not even received the standard letter from the court at this late date is an infringement on our human rights!!!

Hi Kalujo, at least someone has the letter of stay! Im going to ring the court again today to clarify (yet again)... in your case you now need to fill in an N244 and attached the stay objections also if you are on benefits add the bit about section 187 of the Social Securities Act 1992 - all the links are futher back in this thread - any probs let me know

Nothing in the post this morning from the Court but did receive the standard Barclays letter and leaflet

sounds like a good plan, if my letter doesn't turn up tomorrow I will ring the court as well to clarify, let me know if sharon replies to your email as well. If we dont get a satisfactory response I think we should be prepared to attend on Tuesday - we've come this far and I'm not going to jepordise my claim just because of hearsay of a letter!

Im totally confused now, I just hope my letter turns up tomorrow.. your right, when I rang the court it was a young clerk who I spoke to and said all cases on the 14th were stayed and no need to attend... but does it not say on the letter somewhere case vacated?

I agree, when I read your previous post about the email from sharon.... I did wonder why barclays are going to turn up, but Ive not had my letter yet, does it actually say no need to attend? If it does then I cant see how we could possibly be struck out - it just all seems a bit biased to me on the side of the bank and I dont feel our judge is helping our claims, hes probably never had a bank charge in his life!

hi 1234debt I think we wont be going anywhere for quite sometime.. I havent received my stay letter yet but have submitted my objection to the stay etc.,.. I was sent an AQ so thats already in for me, but now that the directions hearing is stayed I presume we wait for the outcome of the test case for the next installment....dont think you need worry about an AQ right now. Im just gutted that the Cardiff judge has stayed our hearing and that others around the country are still going ahead, wonder if our judge has shares in barclays, lets just hope he takes notice now of our objections and has a change of heart

wonder how everybodiesmum did today in court.....?

I will be very interested to get clarification on this as well...

Aude was your hearing listed for Aug 14th at Cardiff? If so was it 'the' hearing or a 'directions' hearing ?

Hi check out the cardiff thread, all claims for the 14th are stayed, ie to be heard pending the outcome of the 'test case'... give the court a ring tomorrow to double check with your claim number, I rang today as I had not received the stay letter, but told it was in the post which I expect is where yours is. The next stage is to fill in a N244 and attach the objections statement to it.. all listed in the cardiff thread. I know its a bummer!!

you know what, its just not fair have you read.... "Going to court" Dont make me laugh it was a directions hearing today (like ours was supposed to be) in Kingston and the judge was amazing sounds like all claims were settled!! These cases should be held more fairly up and down the country it makes me sick

a brilliant result, think Ill move from Cardiff to Kingston !

might be worth ringing the court to find out, in my case with Cardiff I rang today to check as others had received stay letters... and mine was sent yesterday, so I have now filled in the N244 objecting to the stay. However, if you do not have a such a letter and attend court, take the stay objection with you.