Very pleased, seeing as I get a second bite at the apple and all. My second amended claim deals with the unlawful default, and damages for harassment. Totalling some £4000.

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/166500-darftblerk-halifax.html

My advice: Ignore what the school is telling you, and look after your child and your family. The link to the relevant site relating to the fines etc contains many uses of the words 'may', could' and 'have the authority to'. Nothing says 'You will be fined', and if you are fined it'll be after a court decision. No judge in the land is going to impose a fine on you after reading the reason for taking your child out of school. Stick 2 finger up to busy bodies at the school.

Just got back from court with Halifax regarding PPI. Although I wanted payment in restitution, the Judge didn't award it. He gave me 8% statutory interest instead, which amounted to 212, and then awarded me costs of 300, so a nice little win. The judge also gave me permission to ammend my claim as I'd sought damages for credit history, and unfair charges relating to over limit fees. He's given me until 7th April to submit these, and there will be no ammendment or court charge. So it looks like he wants me to claim damages as well.

No, I started a thread, but have kept most of the dealings off-list. I've heard some stories regarding the defendant being lurkers who may attempt to gleen an advantgae by poking around the forums. I'll post back tomorrow night.

Mrs A Foreskin wrote the same letter to me, with a very similar copy of what is essentially an application form, with the T&C's in a seperate document that was not connected to the first. I've now ignored them for about 6 months after sending a letter outlining the fact that it wasn't enforceable. I've heard nothing since apart from the usual round of threatening letters from DCA's (Wescot). Lets be honest here, if they had a legally enforcable agreement, they'd send it. They wouldn't send something they'd created on the office photocopier, only to save the real thing for court. They want their money back, so it's in their interests to show all the cards early. Insane! Lets see if Halifax spot that they don't have an enforceable CCA when I meet them in court tomorrow

I feel that if we do lose, we may end up with a situation similar to the poll tax revolt. I for one, will not be responding in any way shape or form to any banks that come knocking at my door. They can chase all they wish, but will hvae to now go through the courts and deal with me in the same way I have dealt with them. And they can be assured that any court claim will be subjected to every legal hold / appeal that I can find. I'd rather spend the money on defending a court case than paying off the debt now. If it all goes wrong, I'll be moving abroad

Can anybody on here have a look at a witness statement for me? Apart from the witness statement, what else do I have to include it the bundle. The Defendant has already admitted that they owe me the money, we're just arguing over compound interest on the amount! I'm finding it difficult to find supporting legislation on claiming compount interest. Any ideas anyone?

Any update on the outcome of this case?

Just bumping this thread up. Does anybody have any place to start for me with regards to a court bundle for this case? How do I go about putting the bundle together. Should I follow the same format of layout for Bank Charges? I can only see that I need to include information regardikng renumeration i.e. claiming back the amount + compund interest that is contained elsewhere in this forums. How do I go about claiming anything else. The amount to be returned by Halifax would remove the reason for the default on my account. can I include this within the claim particulars and ask for damages to be taken into consideration, or should I put this in a seperate claim?

The Judge has set a hearing date of 26th February. Bring it on Halifax. I'll also make a suggestion that I'd like compensation as the negative credit I'm experiencing is directly related to these charges. Hopefully the Judge will have had a good Xmas and be a friendly and understanding fellow.

I have a current claim against Barclays that is on hold. I can answer yes to both questions, but I have sought legal aid for the case I have, just paid the CC fees and filed it.

Got the defence from Halifax today. Firstly they claim that Halifax no longer exists, and so the judge should strike out the claim. They're saying it should have been bought against HBOS???? I'm sure I opened the account with Halifax? Secondly, they're claiming that they have repaid my PPI plus the interest totalling 580 quid. How have they calculated 110 pounds interest on 470 over 6 years? I applied compound interest to this amount and got closer to 1200. Surely if they've taken an amount of money from me, the interest on that amount was added to the balance of my account and charged at 18.9% Someone out there can help surely? Is it a case of putting them to proof on the calculation and going to court over it? I'm assuming that the court will now either decide to strike out or send and AQ? What are my options here?

I filed against Halifax CC on October 1st regarding PPI on a credit card with them. The PPI charges come to 470, but the compound interest is over 1200 The very unique thing about this is that I never signed up for PPI on the credit card. I've SAR'd Halifax, they sent me a copy of the application for (note: no CCA exists), and no PPI was signed for. They've already been requested refund, they offered my a paltry sum. I refused and they sent a fob off letter explaining that they'd be coming forward with an offer. This was 2 months ago. I've run out of patience now, so have filed for the whole lot (including PPI) at County Court. They submitted acknoledgement of service on the 14th. My question is, what do I do now? I have a copy of their acknowledgement of service, and no further directions. Do I wait for an AQ? Should Halifax be sending me their defence? Ironically Halifax have declared that they intend to defend all of the claim:confused: Starnge when I already have a letter from them saying they be investigating and refunding:grin: I'll keep you posted.

Thi spage doesn't count for much, it's just an application form and would not hold any weigh tin court. It simply shows that a card was applied for, it doens't signify that and agreement was entered into. If your son has signed seperate pages, these will be the signifcant ones, as these may actually form part of the CCA. The group woul dneed to see these. When was the form signed (Date?)

Do a quick search, there is an FAQ here on the site for details on uploading. You can scan & jpg to Flickr if you have an account. My opinion on this one, having just filed against Halifax for 1800 quid, is that BOS are blowing smoke out of their A$#%

Do not ignore this letter, this debt will not go away = if we do find a CCA and your gullible enough we think we'll win, we might submit a shoddy court claim.

We'll pass this to our pre-litigation team for further action = We've spun the magic wheel, and it's Dave in accounts turn to write you a letter.

Scan the agreement and remove all personal details from it i.e. address, account number etc (you can do this with windows paint, or a simular package), or alternatively take a photocopy of it, black out the personal details with a marker, then scan and upload it. The CCA should be signed by both parties, however you do not want to rely on this fact to dispute the debt. When was the agreement signed, and where (in bank, via post etc). Halifax have a habit of producing application forms that they claim to be CCA's, so best let the member on here have a look and tear it to shreds. :grin:

From a man in a nice suit, with a nice car that lives in a world unlike ours Hopefully Halifax will have a big CCA burning session out the back in an oil drum and lots more debt will be unenforceable. Bunch of muppets

Now received a letter from Robinson Way Ltd, as a 'formal demand for payment'. So I phoned them, and the numpty on the end of the phone told me that they didn't need a CCA, 'otherwise no banks would ever be able to make any money'. At which point I was quite rude to him and asked to be put through to their legal department. Needless to say, no one answered this number, so I'm sending them a CCA request, with a polite 'go away' paragraph.

How do you go about claiming PPI back when you never even signed up for it? I'm currently asking Halifax back for PPI @ £500ish + £700 compund interest over the past 6 years. I have a copy of the Application form that I used when opening tha ccount, noting on it indicates that I asked for PPI, even the box saying 'PPI Insurance' is not ticked.

About to send the following to HBOS ref PPI. They've already sent me a copy of the original Credit Card Application form, which doesn't show any request for PPI, if fact the box saying "PPI Request" is unticked! This is seperate from the unfair charges I'll be pursuing with them. Looking at the latest statement, my current balance is -£1522.08. They owe me approx £3000 in charges + PPI. How can they ever think to get away with this!!!?

Has anybody yet decided what the court fee would be for the above claim? I wish to have the default removed, and suggest that compensation be awarded, however compensation is decided by the court, so I can't fill in that I want £1000 in compensation and then let that affect the court fee? Suggestions please, I'm about to go through with the above action against Halifax for defaults on my account, and would love to provide feedback on how I get on. Darftblerk

Hi, I sent a CCA Request back in May 08. Didn't hear anything. Today, I've received a Default notice from Mercers! Recommendations on what action to take? Do I phone the FOS and complain, or would it be worth writing back to Mercers and Barclaycard and explain that a county court judge will be deciding over this matter? The account was opened in 1998, and I don't believe that they have a CCA on file for me. In fact, I never remember signing one, just an application form. Thoughts? I'm considering something like this: