In for a penny!!!

[sallysas]

It does help if I read their letter right. They have issued a default notice so I am going to amend my letter and put the notice persuant to s10 in for good measure. If I don't they will just carry on. Silly Me

[sallysas]

It does help if I read their letter right. They have issued a default notice so I am going to amend my letter and put the notice persuant to s10 in for good measure. If I don't they will just carry on. Silly Me

[sallysas]

Courts aren't on my side here in Birmingham.

 

Same judge that put a stay on my barclaycard claim has just done the same thing on my halifax currant. Blast!!!!!!!! And after I put in 'draft orders' and adapted part of 'request for removal of stay' as well.

 

Not to be downhearted though. My barclaycard stay was granted the beginning of July till 28/09/07 and this one for halifax is for approx 2 weeks till 30/09/07. SOMETHING MUST BE HAPPENING. Lets just keep fighting the good fight and filing for whatever country. Shame we can't all file in Scotland though 8-)

[sallysas]

Guess what. MORE EFFING DUPLICATE STATEMENTS.

 

Going to file for non-compliance for current and visa accounts next week. Do I have to do one for each or can I combine them. Not gone done this route before. If anyone can give me some advice I would be grateful. Might even buy you a drink at the German Market. The raspberry gluewein is particularly fine.

 

Has anyone been gathering from commons or hedgrows yet? I went blackberry picking last weekend and got told of some plums just sitting there. Got a bit carried away.......... Well, I have frozen some of blackberries and done a plum chutney, plum crumble and turned the rest into jam. The germans have a work that describes me. Gnederaker frau (done phonetically). More blackberries to be picked this weekend and elderberries to be turn into chutney. Wonder if I can find sloes by the canal. For the gin don't ye know.

[**Tilly**]

hi sally

 

im not too sure as one is a current account and the other a visa i think you can but going to bump you

the german market sounds good

[sallysas]

It is very good. Might you be tempted then? I'm going to book half a day off work so I don't arrive tired. Closer to the date I will put map (if I can scan onto here) or directions at the least.

[sallysas]

Sending complaint to Information Commission as well as submitting 2 N1s to court tomorrow. I am working on the assumption that what works for normal N1 should apply for non-compliance. Double whammy.

[sallysas]

Forgot about this thread. Halifax visa issued a default notice against this account (as I wrote on 'here I go again' thread) and I let the courts know about this last month. With the postman delivering again today I received a statement showing a late payment fee refund of over £800 and a truly magnanimous goodwill payment of £10. Yes I know, send Halifax the relevant rejecting letter - but things are looking up people!! Shame it will be swallowed up by my cccs debt but I'm getting there. Will have to iou this site possibly.

 

No, have decided to wait for a letter or go into branch on Saturday to use their 'phone.

[ndnorthleeds]

Thanks to you and goodluck! Great to here from you again , im still at war with Y/B they are not backing down ,so i complained to the commisioner and im still waiting for their form.Y/B has refused to comply and sent back the CHQ TWICE !

[sallysas]

They have put forward a shambolic defence. Received an AQ and this defence yesterday.

 

6. The remainder of the claim £xxxxx appears to relate to bank charges incurred as well as contractual interest. I'm not claim contractual!!!

 

7. With respect to the remainder of the charges, the claimant has failed to provide particulars of how this figure has been arrived at, and the figure is not supported by the claimant's account details. Well it was all on the same spreadsheet- beam me up scotty..........

 

There is then futher waffle about not being entitled to contractual and not providing a copy of the contract. Oh well, the interest is mounting while we waltz around.

 

ND - sorry to hear about your problems with YB. I wrote to the ICO 23/09/07 and they repllied 11/10/07 basically saying they would instruct Halifax to send me the data I asked for. Hope you hear something soon...

[brett48]

Sally, good news on the refund. Their defence sounds a bit like the fun and games I'm having with my Lloyds claim - I am currently trying to get the stay lifted. I hate to admit it but I think we will all be shuffling around waiting for action until March.

On the cccs front, Halifax have decided to be different from all of my other creditors and started charging interest again. The interest is about £20 more than my agreed monthly payment so the debt will just keep on growing indefinitely. I spoke to both Halifax and cccs, the former said their policy is to freeeze interest only on the first year (which has just expired) and the latter said they can't force anybody not to charge interest. Any ideas?

Brett

[LS123]

Hi Sally

 

I would just send them another copy of your spreadsheet by recorded post - that way if it does get as far as the court room then you have covered yourself.

 

Good luck

 

LS

[sallysas]

Brett. I'm sorry to hear cccs's stance on this. This is a new one on me as I have been paying since 2005. Are you due for a review soon, this might help. Just keep plugging away with court action and if they threaten you with a default notice do what I did to stop it in 'here I go again'. Sorry I'm really flumoxed at the moment.

[brett48]

Thanks Sally, it's encouraging that you have had an agreement in place since 2005 which I assume has always been zero interest. I had a review in July which resulted in a small increase to all creditors and I asked cccs to send the paperwork to Halifax when I last spoke to them.

I'll have another go at Halifax to check if they have received the paper work and can agree to carry on as before.

Brett

[sallysas]

Guess what Brett. They are going to start charging me interest too. Letter arrived today. Obviously not the season of goodwill yet............. It says it was down to a systems error that I had not been charged earlier. I think I will send a letter advising them that if they insist in charging me I will simply claim again. I can also ask when I can receive my old data as the ICO has told them to comply. I will state that if this is not forthcoming I will contact the courts. There must be someone we can complain to though. Banking ombudsman perhaps? Don't get mad - get even. A very nasty tack though especialy for people who don't know about this site. Or are we being targeted 'cos we're on here.

[sallysas]

Dear Ms Gurnell

 

Ref: xxxxxxxxxxx

 

I am in receipt of your letter dated 19 October 2007 informing me of the reinstatement of interest on my credit card account. As my fiduciary I am disappointed at this response as you are aware that I am still making payments via the CCCS and am currently in no position to increase my payments to you. I regard this proposed action by yourselves as retaliatory as I am currently reclaiming my bank charges via the courts and I will be reporting you to the FSA. It appears to me that this is a waste of your resources as I will reclaim any interest charges through the courts, if necessary, at a future date.

 

Within the last few months I have requested all my data covering my banking history with yourselves and twice you have sent my duplicate data. Although you have been ordered by the ICO to supply me with this data this information has not reached me as yet.

 

Yours sincerely

 

 

Would the FSA be the correct people to complain to? Any thoughts would be much appreciated.

 

 

I've also got a mental block about complaining to the courts re non-compliance. Would I charge so much for each letter I have written etc. This is approx £10 I think. Oh, why are there such big gaps in my knowledge?????? Last time I went down this road was just before October and I applied for remission but due to the court official mixing up the photocopied documents they sent them back as the new rules had come in.

[sallysas]

£6.75 (plus stationary) is what we can claim for wasted court time when a claim is successful. I think I will put this on non-compliance application x3 for the letters I have written so far. Can I claim anything for the time spent on this claim so far? Does anyone disagree with this or know better? And are the FSA the best people to contact? (See above)

[**Tilly**]

hi sally

 

i found this it might be of some help to you

 

Litigants in Person: 18 Jan 2007: Written answers (TheyWorkForYou.com)

Publications - Guidance (paragraghs 38-40)

[sallysas]

Thank you comrade, much appreciated. I will claim for one hour + letters on top then. I just need a computer fair to go to for new ink, etc. Only got paid 2 days ago and there is not much left for the rest of the month. If I sit down and work it all out perhaps I can ask for stays here and there to be lifted on hardship grounds.

 

Started preparing my christrmas cake today. The germans have a word for me -gnadergerfrau. We would probably call me a cook. I just love a feast.

[**Tilly**]

hi sally

your welcome here is the link for removal stays on hardship

lol nothing wrong in loving a feast

Application for Removal of a Stay on the Grounds of Hardship

[brett48]

Sorry to hear those meanies at Halifax have cottoned on to your arrangement expiring. I phoned them again to complain and ask what makes them so special when all of my other creditors have happily agreed to zero interest. They just trotted out the standard line that it was 'company policy' to only freeze interest for 12 months. When I asked what would happen next, they said that interest would continue to be charged for another 6 months and then they would throw me out into the jaws of a debt collector. It makes me mad too but I don't think there is anyone we can complain to. On a positive note, interest will then stop and the debt collection agencies among my existing creditors have been an agreeable lot willing to fit in with the cccs plan without any hassle. However, it's possible that Halifax might chose one of the heavier handed outfits who want their pound of flesh yesterday and I might then have another battle on my hands ...

The letter looks great, although I am not sure you can positively link the start of interest to your claims - both of my claims were done and dusted earlier this year and yet they didn't start the interest nonsense until after my 12 month period recently expired. I would send it to the Financial Ombudsman as well as FSA.

The news on stays being lifted is not encouraging. In my own case (Lloyds), they had a composite hearing at my local county court a couple of weeks ago and nothing was lifted. I couldn't be there because I was out of the country but someone who did go reported that the judge had made up their mind before the hearing and it was a done deal irrespective of cases of hardship .... sorry to spoil the festive cake making spirit! The season of goodwill doesn't extend to Halifax

Brett

[sallysas]

But if an account is in dispute it cannot be passed on to a debt agency and frankly the next time around - and the time after that, and the time..... I may very well claim compound interest as this is allowed with credit cards. Shame I didn't realise it sooner. I've obviously still got L plates.

[brett48]

Sally,I am afraid I have resigned myself to the inevitable, but definitlely go for it with compound interest in your case, you've got nothing to loose ...

Brett

[sallysas]

Recorded deliver yesterday what should arrive but statements for both visa and current accounts. This makes me very happy and without interest my current account claim coves to over £2000. WOW!!!! The information goes back to when account was opened in 1990. Prior to this I had a joint account with my ex-husband which I suppose I have no right to ask for - unless someone can put me right.............

 

I have a vague memory of someone else having this trouble and a letter was obtained from their ex giving permission for information to be supplied. Might go and ask in my branch as they are quite good eggs.

[sallysas]

Reply about my currant account.

 

'We can assure you we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case'.

 

No wonder the number of actions has dropped then. Flannel is the word that springs to mind. Also waffles on about FSA agreeing to suspend dealing with complaints 'subject to conditions that protect your rights'. Just what does that mean?

 

Going to write lba with more reasons for 'hardship case' as things have got a bit worse financially since my prelim. Never say die.