Halifax Taking Me To Court

[wish me well]

I am guessing I do not need to mention anything about the invalid DN in the first instance? I dont want Halifax to know until its too late that I have the original shockingly invalid DN just incase they can reissue a compliant one.

[wish me well]

That looks great and no I havent received any debt advice since the letter before action and the court papers being served. Thats not a good thing.....right?

[The Mould]

I am guessing I do not need to mention anything about the invalid DN in the first instance? I dont want Halifax to know until its too late that I have the original shockingly invalid DN just incase they can reissue a compliant one.

 

 

Yes that's right, this is just your acknowledgement of receipt to the court, and not your full response, you are stating to the court, well firstly, you are requesting disclosure of the doc's that the claimant rely's on, hold on a minuet.

 

1. This is your acknowledgement of receipt to the court.

 

2. You are stating that you intend to defend the claim.

 

3. You are requesting disclosure of the doc's the claimant rely's on.

(List the doc's you want to inspect clearly, their letter before claim states the names of the doc's)

 

4. You are politely complaining to the court that the claimant has taken advantage of the fact that you are a layperson, and that the claimant has not served the letter before claim in accordance with pre-action conduct practice directions as he (The claimant) states he has in his letter before claim.

 

This is just the begining, but Halifax will not want to hear that you are willing to contend against them.

 

Can you state the initials only of their legal rep? You know the one on the letter before claim.

 

 

OK, I am going to have another cup of tea and outside I go again for a cigarett, sorry about all the tea and smoke breaks, I am going to continue for about another 2 hrs approx.

 

Kind Regards

 

The Mould

[wish me well]

Yes that's right, this is just your acknowledgement of receipt to the court, and not your full response, you are stating to the court, well firstly, you are requesting disclosure of the doc's that the claimant rely's on, hold on a minuet.

 

1. This is your acknowledgement of receipt to the court.

 

2. You are stating that you intend to defend the claim.

 

3. You are requesting disclosure of the doc's the claimant rely's on.

(List the doc's you want to inspect clearly, their letter before claim states the names of the doc's)

 

4. You are politely complaining to the court that the claimant has taken advantage of the fact that you are a layperson, and that the claimant has not served the letter before claim in accordance with pre-action conduct practice directions as he (The claimant) states he has in his letter before claim.

 

This is just the begining, but Halifax will not want to hear that you are willing to contend against them.

 

Can you state the initials only of their legal rep? You know the one on the letter before claim.

 

 

There are no initials on the letter from halifax it just says Yours faithfully, Litigation Department.

On the Claim form from Northampton County Court it is signed C.M. and states its the claimants solicitor.

 

OK, I am going to have another cup of tea and outside I go again for a cigarett, sorry about all the tea and smoke breaks, I am going to continue for about another 2 hrs approx.

 

Kind Regards

 

The Mould

 

Right I am slowly starting to get it, I must repeat, slowly!

Thanks

BTW one of my little monkeys has awoken from their golden sleep so I may have to go offline and continue tomorrow, if thats the case thankyou again and hope to hear from you over the weekend

[wish me well]

Yep, thats me told! I have to go and see to him. Night The Mould and thank you once again

[The Mould]

That looks great and no I havent received any debt advice since the letter before action and the court papers being served. Thats not a good thing.....right?

 

 

I will let you know in about 5 mins, I have got to go and have a look at paragraph 7.4 of the practice direction.

 

OK, I will be back.

 

Kind Regards

 

The Mould

[The Mould]

That looks great and no I havent received any debt advice since the letter before action and the court papers being served. Thats not a good thing.....right?

 

OK, comming back to this point, This applies to your statement regarding Non-Compliance of Pre-Action Conduct Practice Direction.

 

ANNEX B

 

Information to be provided in a debt claim where the claimant is a business and the defendant is an individual.

 

Where paragraph 7.4 of the practice direction applies the claimant should-

 

(1) provide details of how the money can be paid (for example the method of payment and the address to which it can be sent);

 

(2) state the defendant can contact the claimant to discuss possible repayment options, and provide the relevant contact details; and

 

(3) inform the defendant that free independant advice and assistance can be obtained from organisations including those listed in the table below.

INDEPENDANT ADVICE ORGANISATIONS

Underneath this part is a list of companies, their address, telephone No, and web site.

 

And the companies are-

National Debtline

Consumer Credit Counselling Services (CCCS)

Citizens Advice

Community Legal Advice (formerly Community Legal Sevices Direct).

 

 

OK wish me well, I shall carry on tommorrow with this part to your acknowledge of receipt, it will probably be at around 10.00 PM, I will try to get on -line in the day time, but I expect it will be quite difficult.

 

Well, good night.

 

Kind Regards

 

The Mould

[wish me well]

Hiya The Mould,

 

I hope you and your wife have had a lovely saturday with your 'superdudes' my monkeys have worn me out today! Bedtime is bliss (kids) of course.

 

Right, I have taken bits of everything so far and compiled this to submit to the court,

 

I acknowledge receipt to the court. I intend to defend the claim and will be requesting disclosure of the documents which the claimant is to rely on in court as follows: a copy of the contract, the default notice and statements.

As the defendant to the allegations contained in the claimants claim, I respectfully ask the court to take note of the claimants pre-action conduct in relation to the serving of the letter before claim issued and served upon me, the defendant by the claimant. In particular, paragraph 1 of the claimants letter before claim dated 18th February 2010 clearly states that the claimant has served the said legal notice to me, the defendant, pursuant to the pre-action conduct practice direction requirements of the courts and in conjunction with procedure rules.

As the defendant to this claim, I assert that the said legal notice has indeed not been served in accordance with the prescribed requirements of pre-action conduct practice as stated in ANNEX A regarding the guidance on pre-action procedure as points (2), (3), (4), (5), and (6) are non existent on the letter before claim issued to myself, the defendant by the claimant.

Under ANNEX A 2.1 The claimants letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include:

(1) the claimants full name and address,

(2) the basis on which the claim is made (I.e. why the claimant says the defendant is liable),

(3) a clear summary of the facts on which the claim is based,

(4) what the claimant wants from the defendant,

(5) if financial loss is claimed, an explanation of how the amount has been calculated, and

(6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.

The claimant behaving in this manner has placed me, the defendant, at an unfair and disadvantaged position in being able to fully prepare my defence, and I the defendant am of the opinion that as a ‘layperson’ the claimant has taken advantage of that fact and has abused the practice direction.

 

Any suggestions? Have I covered what is needed? Does it go into to much detail for just the acknowledgement of service?

Obviously I have only typed it up, not sent anywhere, need your input and thoughts on this, hope to hear soon

wish me well

[The Mould]

Hiya The Mould,

 

I hope you and your wife have had a lovely saturday with your 'superdudes' my monkeys have worn me out today! Bedtime is bliss (kids) of course.

 

Right, I have taken bits of everything so far and compiled this to submit to the court,

 

I acknowledge receipt to the court. I intend to defend the claim and will be requesting disclosure of the documents which the claimant is to rely on in court as follows: a copy of the contract, the default notice and statements.

As the defendant to the allegations contained in the claimants claim, I respectfully ask the court to take note of the claimants pre-action conduct in relation to the serving of the letter before claim issued and served upon me, the defendant by the claimant. In particular, paragraph 1 of the claimants letter before claim dated 18th February 2010 clearly states that the claimant has served the said legal notice to me, the defendant, pursuant to the pre-action conduct practice direction requirements of the courts and in conjunction with procedure rules.

As the defendant to this claim, I assert that the said legal notice has indeed not been served in accordance with the prescribed requirements of pre-action conduct practice as stated in ANNEX A regarding the guidance on pre-action procedure as points (2), (3), (4), (5), and (6) are non existent on the letter before claim issued to myself, the defendant by the claimant.

Under ANNEX A 2.1 The claimants letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include:

(1) the claimants full name and address,

(2) the basis on which the claim is made (I.e. why the claimant says the defendant is liable),

(3) a clear summary of the facts on which the claim is based,

(4) what the claimant wants from the defendant,

(5) if financial loss is claimed, an explanation of how the amount has been calculated, and

(6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.

The claimant behaving in this manner has placed me, the defendant, at an unfair and disadvantaged position in being able to fully prepare my defence, and I the defendant am of the opinion that as a ‘layperson’ the claimant has taken advantage of that fact and has abused the practice direction.

 

Any suggestions? Have I covered what is needed? Does it go into to much detail for just the acknowledgement of service?

Obviously I have only typed it up, not sent anywhere, need your input and thoughts on this, hope to hear soon

wish me well

 

Hello wish me well,

 

We have had a nice day thank you, yes I can imagine that you are very tired. Are you all OK? Sunday tommorrow so try to relax.

 

In your response letter to the court, also state clearly the particular parts of the practice direction that have not been complied with by the claimant, i.e. 2.1 No's 2, 3, and so on.

 

Make sure the court is aware that this is not your full response.

 

Ok, yesterday I was talking about ANNEX B and I will post up the continued part to that, and then we can take it from there.

 

Tea break and cigarett for 5 mins, I know I have only just clocked on, I hope you don't mind.

 

Kind Regards

 

The Mould

[wish me well]

Ok thanks

Sunday's yes I do remember someone once saying "day of rest" since having my brood theres no such thing . I dont know whether everyone has to do the same but I have to keep hitting the F5 button to refresh or I cant see your response's?

[The Mould]

Ok thanks

Sunday's yes I do remember someone once saying "day of rest" since having my brood theres no such thing . I dont know whether everyone has to do the same but I have to keep hitting the F5 button to refresh or I cant see your response's?

 

Yes, I know very difficult to put your feet up.

 

Don't worry about the length or the amount of detail in your acknowledgement of receipt to the court.

 

In your letter to the court, you are going to ask the court to suspend (Stay or staying) until steps which ought to have been taken by the claimant, have been taken by the claimant. (I am talking about their Non-Compliance with certain practice direction, you know, regarding their letter of claim).

 

4.5 and 4.6 of the practice direction relate to the sanctions that the court can impose, and suspending proceedings is one of them, if in the opinon of the court there has been Non-Compliance.

 

So, ask the court if it will suspend proceedings, until you are in receipt of the documents that the claimant is going to rely on, and say to the court that you be most grateful if the court would kindly allow you a time scale of 30 days from receipt of the requested documents in order for you to prepare and submit your full response to the claim.

 

Right, do you have a copy of Pre - Action Conduct Practice Direction with you?

 

OK, wish me well, come back to me and let me know, also is there anything else that you can think of, don't take this the wrong way, is there anything about your case that you have not told me about? This is important as it can make a big difference to your defence.

 

When we have covered everything, you can post up the letter and I will read through everything in it to make sure that we have not missed anything, before you post it off to the court. (I know this is a lot more work for you, but it is better to check and double check)

 

I will post up the rest of ANNEX B in about 15 mins.

 

OK, catch up with you very shortly.

 

 

Kind Regards

 

The Mould

 

 

 

I don't know why you have to hit the refresh button, what is the compatibility status on the web page?

[wish me well]

Yes, I know very difficult to put your feet up.

 

Don't worry about the length or the amount of detail in your acknowledgement of receipt to the court.

 

In your letter to the court, you are going to ask the court to suspend (Stay or staying) until steps which ought to have been taken by the claimant, have been taken by the claimant. (I am talking about their Non-Compliance with certain practice direction, you know, regarding their letter of claim).

 

4.5 and 4.6 of the practice direction relate to the sanctions that the court can impose, and suspending proceedings is one of them, if in the opinon of the court there has been Non-Compliance.

 

So, ask the court if it will suspend proceedings, until you are in receipt of the documents that the claimant is going to rely on, and say to the court that you be most grateful if the court would kindly allow you a time scale of 30 days from receipt of the requested documents in order for you to prepare and submit your full response to the claim.

 

Right, do you have a copy of Pre - Action Conduct Practice Direction with you?

 

No but can I get it off the web?

 

OK, wish me well, come back to me and let me know, also is there anything else that you can think of, don't take this the wrong way, is there anything about your case that you have not told me about? This is important as it can make a big difference to your defence.

 

Not taken the wrong way at all, No not that I can think of, I SAR'd them may 2009, offered lower payments in at the beginning of july & set up the SO to pay them, received DN 23rd July 2008, got letter from Blair Oliver Scott sept, (I think that was the 1st one from them, but can double check my papers if you need to know) then couldnt afford to pay so I just ignored EVERYTHING!!! until now. As I have been typing I have just realised that the date on the DN is 2008, all of this started going wrong in 2009???? Now I am confused.

 

When we have covered everything, you can post up the letter and I will read through everything in it to make sure that we have not missed anything, before you post it off to the court. (I know this is a lot more work for you, but it is better to check and double check)

 

I will post up the rest of ANNEX B in about 15 mins.

 

OK, catch up with you very shortly.

 

 

Kind Regards

 

The Mould

 

 

 

I don't know why you have to hit the refresh button, what is the compatibility status on the web page?

 

That I have no idea? but its ok I just have to remember to do it thats all or I think you've nipped out for another crafty ciggy every couple of mins

[wish me well]

No I am wrong it did all start going down the toilet in 2008, I got so desperate in 2009 thats why I did the SAR then around July 2009 stopped the standing order because of losing my job, sorry so I had been paying the reduced rate for about 1 year, oh and btw I wrote and explained everything to them before they issued the default notice and I have just found a letter from them agreeing to my offer for 3 months then they were to review, this is dated 14th July 2008.

[wish me well]

But they still issued the DN on the 23rd July now I remember why I hated having to speak to them, they tell you one thing then you get something completely different through the post!

[The Mould]

That I have no idea? but its ok I just have to remember to do it thats all or I think you've nipped out for another crafty ciggy every couple of mins

 

 

I think I am smoking so much because on top of all of the stress my that personal circumstances have and are causing, I can also sense your stress.

 

When did you get that Default Notice, was it last year?

 

Have you checked your credit files?

 

Kind Regards

 

The Mould

[The Mould]

No I am wrong it did all start going down the toilet in 2008, I got so desperate in 2009 thats why I did the SAR then around July 2009 stopped the standing order because of losing my job, sorry so I had been paying the reduced rate for about 1 year, oh and btw I wrote and explained everything to them before they issued the default notice and I have just found a letter from them agreeing to my offer for 3 months then they were to review, this is dated 14th July 2008.

 

Crossing paths again, sorry,

 

Right, this letter dated the 14th of July 2008, this is an agreement/contract from them, and it supersedes all other agreements (Including the original credit agreement) between you and them.

 

Did you make the payments to this agreement for those 3 months?

 

What is the text of this letter, are there any terms or conditions to this temporary contract?

 

I am going for a cup of tea and a ciggy, 5 mins as usual.

 

Kind Regards

 

The Mould

[wish me well]

I think I am smoking so much because on top of all of the stress my that personal circumstances have and are causing, I can also sense your stress.

 

Sorry I know, stress, life, love, kids, money why is it so hard!

 

When did you get that Default Notice, was it last year?

 

No it was 2008, I just didnt realise it had been going on this long! I did the SAR thing in 2009 this is why I got mixed up, it dont take much

 

Have you checked your credit files?

 

No I havent plucked up enough courage yet

 

Kind Regards

 

The Mould

 

Think I answered everything there

sorry took so long to reply, I had nipped out

[wish me well]

Crossing paths again, sorry,

 

Right, this letter dated the 14th of July 2008, this is an agreement/contract from them, and it supersedes all other agreements (Including the original credit agreement) between you and them.

 

Did you make the payments to this agreement for those 3 months?

 

Yep and have proof due to paying through my bank, standing order.

 

What is the text of this letter, are there any terms or conditions to this temporary contract?

 

The letter is below typed word for word.

 

I am going for a cup of tea and a ciggy, 5 mins as usual.

 

Kind Regards

 

The Mould

 

14th July 2008

 

Acc No 4xxxxxxx

 

Dear xxxxxxxx

 

Thank you for your recent correspondence regarding your current financial situation. We have accepted the offer of £41.57 as an informal arrangement which will be reviewed in 3 months. We are committed to treating customers in financial difficulty in a sympathetic and positive manner and will work with you to find the right solution to their financial problems.

 

After reviewing your individual circumstances, the offer qualifies for an informal arrangement, interest will be applied at a reduced rate of 12.69%. Charges will be suppressed or reversed during this arrangement. If your financial situation remains unchanged following the review in September, we may refer your account to our recovery team who will assist you with a long-term debt repayment solution, with the added benefit of permanent suspension of interest. This allows the payments you make to directly reduce the outstanding debt.

 

The repayment of £41.57 is due to the account by the 28th of each month. Please note, as this is an informal arrangement it will not be reflected on your monthly statement which will continue to request the contractual payment. Please refer to the reverse of the monthly statement for payment methods and timescales. Should the payments fail to reach the account by the agreed date we may cancel the arrangement and normal minimum repayments will resume.

 

Our current fixed payment arrangement guidelines are intended to identify at an early stage whether your financial difficulties are short or long term, with the ultimate goal of the you regaining control of their finances without the need for a Default to be registered.

 

If you have any further queries regarding the account please do not hesitate to contact us using the above details.

 

Yours sincerely

 

C.G.

Senior Collections Manager

Collections and recoveries

 

That is word for word, havent check if any typo's but you get the jist

Edited March 28, 2010 by wish me well
forgot to put date on letter

[The Mould]

Hello wish me well,

 

What about that agreement in July 2008, are you saying they issued a Default Notice against you in July July 2008, while you were in a temporary 3 month contract with them?

 

This is very important, check those dates.

 

Also, I believe the internal procedures of their organization when an account goes into arrears, is to enter the account into the collections system only after 6 months of no payments to the account, you have said that in September 08 (2 months into second temporary contract) that you are receiving communication from their Debt collection agent, did you miss a payment to that 3 month contract?

 

You have probably already responded, I am trying to get insync with the posting.

 

Kind Regards

 

The Mould

[wish me well]

Yep letter agreeing to arrangement dated 14th july 2008 and DN dated 23rd July 2008, got them both sat infront of me now, is this a good thing?

[wish me well]

I paid everyone of the agreed instalments, 1st was before I even got the letter saying they accepted because as soon as I did the pro rata thing I set up the standing orders so 1st payment 7th july then every month until around july 2009 so paid for about a year in total.

[wish me well]

Right just thought of something that may matter, may not? I hadnt paid anything on the account for at least 4 months before I got off my backside and started to acknowledge that I had to do something sorry didnt even think about the head in sand thing I went through does this wipe out what you just said?

Just re-read and it wasnt for 6 months that nothing got paid into the account so it should be ok? and another thing I have just realised, the letter agreeing to the arrangement said 3 months to review, this was dated 14th July and the letter states the review would be carried out in september, thats only 2 months into it???

[wish me well]

Right I have just found the letter I received from Blair Oliver Scott, I had not received anything else from Halifax apart from the DN.

 

24th September 2008

 

Dear sir/madam

 

acc no 4xxxxx

bal £xxxxx

 

Thank you for your recent application for a temporary repayment programme.

 

We confirm that at this stage, and from the information we have, your proposal to pay £41.57 per month meantime is acceptable, although this arrangement will be subject to periodic review. This does not limit the Halifax's contractual right to take money invested in another Halifax account and set it off against the amount you owe on the above account.

 

Your 1st payment should be made by 10/10/08.

 

Payment can be made using a credit or debit card, by contacting our helpline or be sending cheque or postal order to our address quoting the above account number.

 

If you default in any one instalment legal proceedings will be instigated without any further notice to you. Costs incurred may be awarded against you.

 

Yours sincerely

 

J S

manager

litigation.

 

I never gave them any of my info or arranged anything with them and the standing order was paid to halifax directly, never changed anything.

[The Mould]

Yep letter agreeing to arrangement dated 14th july 2008 and DN dated 23rd July 2008, got them both sat infront of me now, is this a good thing?

 

 

Yes it is a good thing, but only for you, sorry about that Halifax.(Too bad)

 

Right I am going to have a proper look at that temporary agreement, I have had a brief look at it, they are calling it an "Informal arrangement".

 

This is a contract, The stated amount that they are willing to accept for this period of time is the "Normal contractual payments" as per this temporary agreement, the original credit agreement and the terms and conditions of it and the nominal "Contractual payments" required under the said original credit agreement does not apply during the 3 months of this second temporary agreement.

 

The very fact that this agreement is in writing is clear evidence that there is nothing "Informal" about it.

 

Legally, the original credit agreement is out of play, so to speak, you did not Default on your payments to this temporary 3 month contract, they have issued a Default Notice against you, and they have issued it under the original agreement, but the original agreement and all of the terms and conditions do not and cannot apply while this second temporary agreement exist between you and them.

 

I am going to look at that letter, the 'July agreement', again.

 

What did Blair, Oliver, & Scott Ltd do in september? The 'July agreement' was not due to be reviewed until October (That is the 3 months).

 

Well it's nearly 1 O clock, I will stay on-line for about another 1 to 1.5 hrs,

We can still carry on over the next couple of days so don't worry if we don't get it all done by Monday.

 

See you in a couple of mins, ten mins perhaps.

 

Kind Regards

 

The Mould

[wish me well]

we crossed again, post 98 is the letter from blair oliver scott and am I glad I hoard I have all of the letters with dates and all of my letters sent although not all of them recorded delivery never mind. I can feel the weight lifting! you are a star