anyone any advice at all? Admin/Mods????

We have a case regarding Mortgage charges, it was issused in small claims and after an allocation hearing forwarded to the mercantile court, we were given directions at allocation. Our local court, sent the case the the London County Court and after finding this out we contacted them and they assusred us the case would be transferred from them to the mercantile. This was at the beginning of May. Having completed our court bundle and sending to both the court and the defendant, we had received nothing from the defendant and decided to contact the mercantile to ensure all was proceeding normally and ask for a copy of the judges orders as we never received a formal copy from the court. It transpires that the case was transferred to the London County Court but they have infact lost all the paperwork relating to the case. Mercantile have tried to get us a copy of the judges order/directions as all the courts claim they cannot find them. Today the mercantile have contacted us to advise us that the court system has lost all the case paperwork and they have contacted the defendants and asked for copies of all the paperwork they hold relating to the case (the defendants were issued formal directions). Is this normal and how will affect prejuidice our case? I believed that the defendants were in default for not sending out the information as directed or even sending us a defence, surely now though they are free to claim that a defence had been submitted and obviously lost by the court. I may be worrying unnessacarily but searched the boards and have been unable to find any case like this anywhere. Your advice on this matter would be greatly appricated as to how I proceed now, as I am at a loss as to the wisdom of approaching the defendant to provide the documents in a case in against them. Many Thanks Tink.

We have a case regarding Mortgage charges, it was issused in small claims and after an allocation hearing forwarded to the mercantile court, we were given directions at allocation. Our local court, sent the case the the London County Court and after finding this out we contacted them and they assusred us the case would be transferred from them to the mercantile. This was at the beginning of May. Having completed our court bundle and sending to both the court and the defendant, we had received nothing from the defendant and decided to contact the mercantile to ensure all was proceeding normally and ask for a copy of the judges orders as we never received a formal copy from the court. It transpires that the case was transferred to the London County Court but they have infact lost all the paperwork relating to the case. Mercantile have tried to get us a copy of the judges order/directions as all the courts claim they cannot find them. Today the mercantile have contacted us to advise us that the court system has lost all the case paperwork and they have contacted the defendants and asked for copies of all the paperwork they hold relating to the case (the defendants were issued formal directions). Is this normal and how will affect prejuidice our case? I believed that the defendants were in default for not sending out the information as directed or even sending us a defence, surely now though they are free to claim that a defence had been submitted and obviously lost by the court. I may be worrying unnessacarily but searched the boards and have been unable to find any case like this anywhere. Your advice on this matter would be greatly appricated as to how I proceed now, as I am at a loss as to the wisdom of approaching the defendant to provide the documents in a case in against them. Many Thanks Tink

Hang in there Mel, you've had some great advice already, just go get them girl.

If anyone gets close to the judgement date and has not heard anything from HBOS then I strongly urge you to contact the legal team. I have had to do this twice and twice Rachel Hinchliffe has handled it, first time the branch were served the paperwork by the courts (don't ask!!) and they didn't know what to do with it, so sat on it ..... (good move !!!!) the second time it was in the system.... however within 24hours the case was settled in full. Go for it !

Springer Do not panic, easier said than done I know, but the only thing the banks have now is the power to play mind games, so that is what they appear to be doing. There is no longer a format as to what happens when anymore. They are being inconsistent, but at the end of the day they are paying out, disclosure is a road they do not wish to walk. Hang in there... if it helps I have not had settlement yet either, but am hoping now Ms Hinchliffe is back that things will speed up again.

well quick update, no one appears to have been dealing with her mail after all. I emailed her yesterday and after initially advising me that someone would contact me (and they didn't!!) Rachel Hinchliffe has taken on my account herself and because I am away on business now until Wednesday we have agreed to discuss my claim on my return, this also gives her time to review the claim details. So roll on Wednesday and we get some closure on these accounts finally. Tink

shameless bump

Congratulations Suzanne, I am so pleased for you, enjoy your refund. Tink

Does anyone have any contact information for any of the Legal Team at Halifax ... apart from Rachael Hinchliffe, of course, as she's on holiday until Thursday. After my last experience of Halifax losing the court papers and defaulting on the claim, I am becoming uneasy as we are now less than a week before they default on this claim as well... and this is not normal for Halifax. So I want to speak to Legal and see what they have to say, but can only find Rachael's details, which I already have but are of no use right now. thanks in advance

Can't offer any practical help Kudos, as I am in the same boat as you, everyone else on my timeframe has all been paid out and I am still sitting waiting. However, you can take money out of cash points with your visa electron card, and once funds are deposited into your account you can use your card to pay for goods where a visa sign is displayed, if that's any help at all. Tink

Bluecloud Thanks for your words of wisdom, sometimes you just need someone to apply some straight thinking logic, instead of the emotional rollercoaster these banks impress on us ..... it's the only tactic they have left to them. You are right, and if I don't hear anything before then a call to Rachel on her return on the 9th will be in order, as I found her very pleasant and reasonable (think she was surprised that I wasn't looking for blood just what was fair and just) so would have no qualms about speaking to her again. thanks again for the reassurance.

well done!!!! Hope you have a great xmas, an extra from Halifax after all

anyone any advice???

yep, in the library and go get them!!!!!!!!!!

Okay here's my story so far, Have previously taken on HBOS for round 1 of my account which was settled in full via scottish court system Proceeded with small claim through scottish courts for part of hubby's account and the court papers managed to get waylaid ..... now during this time I commenced action through MCOL for the remainder on my account. When I received no response from HBOS I called Rachel Hinchliffe on 13/08/06 who was fantastic and we discussed both accounts and I received a full refund on both hubby's and my current claims. I went on holiday and on my return I commenced MCOL action on the balance of hubby's account and our bill payment account, this was acknowledged on 18/10/06. I have had no correspondance from HBOS through the prelim, LBA stages of these claims and apart from the bog standard acknowledgement I have had no communication from them. I guess I am trying to see if there is anything which would cause the delay in processing this current claim as it has taken longer than previously. Have tried Rachel's telephone number again but she is out of office until 09/11/06. Any advice or help would be very grateful as I am getting jumpy this time .... thanks Tink

Suzanne Try not to worry, I am on the same timeline as you and have heard nothing since acknowlegement on 18/10. Hang in there it will come through, it has to, they will not go for disclosure ....

you proceed with your timelines, so if you have sent your prelim letter, then go onto your Letter Before Action ... Good Luck and keep fighting.

Springer Now you just have to sit back and wait for Halifax to either write to you to tell you it is not financially viable for them to defend, or you find the money in you account ........ how long this is taking is a lottery some are being paid almost immediately others are waiting and waiting, but it will happen ............

Kandy They will try and instill their deadlines on you .... don't fall for it. Stick to the deadlines you have stated and as per the guidance on here ..... they will soon realise you are not messing about. Good Luck T

Cathy, Not too sure honey, but when my case did not receive any defence (return date 8th september) I called them and followed up with an email to rachel hincliffe and had the money in my account and the claim settled within 24 hours ... there had been an admin foul up (for a change!!Not!) and they had not had the summons through .... Just a thought T

Tell them you would be willing to accept the 6 months worth of charges as an imterim payment but that you will be pursuing them for the balance. The notice of intention to defend is a standard action from them .... they have yet to actually do it though ... normally an offer of full repayment is made shortly after .. keep the faith and you will be fine. T

Jim Good Luck, be I would be cautious about contacting her too soon. I only contacted her regarding an outstanding claim from 03 August which was due in court tomorrow for judgement by default ....... so we had waited 6 weeks already on it. Not telling you what to do but that it has only been just over 1 week now ..... good luck with your choices. T

it was the least I could do...... wouldn't have a penny of it without the help and guidance from here and my buddies ....

all done and donation done too . ..... plenty housekeeping being done tonight, just finished advising MCOL too ..... T