CoffeeAngel -v- Halifax Credit Card - Claim form now issued

[coffeeangel]

Afternoon,

 

I have a Halifax credit card debt of just under £7500. I have been making nominal payments for the past 2 years to their DCA Blair Oliver and Scott, but my financial circumstances have changed and so I have not been able to continue to make payments. Their DCA are so rude, I refuse to speak to them on the phone as when I first set up repayments to them, I felt bullied and they were, well just down right rude. Back then, I could be easily intimidated but now I am stronger in mind and considering there are quite a few charges on the account, as with other creditors, I am pursuing them for unfair charges.

 

As I don't have all my statements and correspondence from them, again, as with my other creditors, I sent a SARs to them last week by RD which they have received. I also had two bank accounts, one single and one in joint names. The one in joint names is ok, but the single account has charges on the account due to them allowing a debit card payment to be made when there was insufficient funds in the account. This payment was not something I was aware of and even though I complained about it at the time (this was well before the Banks won at court regarding claiming back charges on bank accounts) they just continued to add charges. I've played ping pong with numerous DCAs over this account, but I just ignore them for now.

 

Anyway, I received a letter from them today to say that they had received my SAR request, acknowledging the £10 fee and confirming that they are currently "processing your request for data relating to the account numbers provided" and that "a copy of the information you are entitled to receive will be supplied to you as soon as possible and certainly within the 40 days allowed by the Data Protection Act 1998".

 

Ok all well and good, but they also enclosed a leaflet information on:

 

(a) Credit Scoring - How we work out whether we can give you credit; and

(b) Personal Customer Complaints - Here's what we'll do

 

Is that supposed to keep me quiet whilst I wait for my SARs information?

 

Anyway, I will post up again once I have received my SAR package and in the meantime will continue to read around on this forum so I have a heads up in how Halifax play - nice or throwing their toys out of the pram!

 

Thanks for dropping by, as I said I will update when I have more info.

 

Best,

 

Coffee:angel:

[Shelley181146]

Hi Coffee,

 

Not sure if it is a planned effort by Halifax but I have a relation who is claiming from them and their SAR information pack arrived by 'Special Delivery' on the final 40th day allowed by SAR requests. Check your track and trace receipt from Royal Mail and count the 40 days from day of receipt, you will have an idea as to when you can expect that little package on your mat.

 

I might be barking up the wrong tree, but it might be how they're working.

 

Shelley

[citizenB]

Whilst you are waiting for your SAR to arrive, you could amuse yourself reading the threads of ReallyMadWoman and lexis200.. especially their HBoS/RBS threads.

[coffeeangel]

Hi Coffee,

 

Not sure if it is a planned effort by Halifax but I have a relation who is claiming from them and their SAR information pack arrived by 'Special Delivery' on the final 40th day allowed by SAR requests. Check your track and trace receipt from Royal Mail and count the 40 days from day of receipt, you will have an idea as to when you can expect that little package on your mat.

 

I might be barking up the wrong tree, but it might be how they're working.

 

Shelley

 

Thanks for the heads up Miss S - I have no doubt they will leave it to the final hour! They have until the 8th November.....tick tock.... If I get it before then (not holding my breath!), I will be sure to update even sooner!

 

Best,

 

Coffee:angel:

[coffeeangel]

Whilst you are waiting for your SAR to arrive, you could amuse yourself reading the threads of ReallyMadWoman and lexis200.. especially their HBoS/RBS threads.

 

Thanks for that CB! Linked and bookmarked!

 

Best,

 

Coffee:angel:

[Undercover-Elsa]

Hi CoffeeAngel,

Are your current accounts also with Halifax, and does your income go into them?

If so I'd recommend that you open a parachute account with a completely seperate bank, otherwise they are likely to offset your card arrears if the going gets tough.

Halifax's teddy has been out of the pram so often, it's now hairless.

 

Elsa x

[coffeeangel]

Hi UndercoverElsa,

 

No I don't have any funds paid into either the joint account or my account with Halifax as they kept raping my account to off-set against the credit card debt, despite me telling them that they were depriving my children of much needed funds!

 

On another note, I am now of no doubt in my mind that they will play dirty! I sent my SARs to them on 28th September which I know they have received because they have responded as mentioned above in post 1 above although, I do not have delivery date confirmation as when I try and track and trace via Royal Mail, it just says "Item ******** was posted at ********* on 28/09/11 and is being progressed through our network for delivery". It's been well over a week now, so how long does it take for RM to update their system?

 

The reason I am so peed off now is because today I received a letter from Northampton County Court Bulk Centre - yep, they are taking me to court! The claim issue date was 4th October 2011 and the letter from HBOS acknowledging my SAR is dated 5th October 2011. So what's their game plan?? Can they do this given they have received my SAR BEFORE they have issued the claim?

 

I cannot scan it in, but I will type it up and upload. BRB

 

A seriously peed off

 

 

Coffee:angel:

[citizenB]

The SAR will have nothing to do with the Court claim. You will now need to adhere to a strict time table.

 

Issue date 4th October + 5 days for service = 9th October + 14 days to acknowledge = 23rd October + 14 days to submit defence (if this is your intention) = 6th November.

 

You will need to send a CPR31.14 to the solicitor named on the Claim form. This will be a request for any documents mentioned in the claim form, plus a statement of account showing how they have arrived at the sum they are claiming.

 

Less any figures, and identifying information, can you either scan in or type up what is on the claim form please.

 

Have a read of the pdf below.. it has links to all the information you require ..

 

 

[ATTACH=CONFIG]30616[/ATTACH]

[citizenB]

I have amended your thread title to indicate that a claim form has been issued and moved your thread to the legal issues forum.

[coffeeangel]

Thanks for moving the thread CB, appreciate it.

 

As I said, I don't have facilities to scan so I have typed it up below:

 

In the NORTHAMPTON (CCBC) County Court

 

Claim No: XXXXXX

 

Issue Date: 04 OCT 2011

 

Claimant

BANK OF SCOTLAND PLC

THE MOUND

EDINBURGH

EH1 1YZ

 

Address for sending documents and payments (if different)

COLLECTIONS AND RECOVERIES

ADMAIL 868

NEWCASTLE UPON TYNE

NE99 3BS

 

0845 6044123

[CREDIT CARD NUMBER]

 

Defendant

COFFEEANGEL

 

Particulars of Claim

 

The Claimant’s claim is for XXXX.XX presently due pursuant to a credit agreement entered into by the parties, full particulars of which have been supplied hitherto.

 

By an agreement dated XXXXX the Defendant has an account number XXXXXXXXXXXXX with the claimant. The Defendant has failed or delayed to adhere to the terms of the Default Notice issued by the Claimant under the terms of the Consumer Credit Act 1974. The balance due as at XX/XX/XXXX on said account is XXXX.XX

 

Amount claimed XXXX.XX

Court fee 190.00

Solicitor’s costs 0.00

Total amount XXXX.XX

 

Coffee:angel:

[AndyOrch]

No letters before Action or pre action protocol Coffee?

 

 

Regards

 

Andy

[coffeeangel]

The SAR will have nothing to do with the Court claim. You will now need to adhere to a strict time table.

 

Issue date 4th October + 5 days for service = 9th October + 14 days to acknowledge = 23rd October + 14 days to submit defence (if this is your intention) = 6th November.

 

You will need to send a CPR31.14 to the solicitor named on the Claim form. This will be a request for any documents mentioned in the claim form, plus a statement of account showing how they have arrived at the sum they are claiming.

 

Less any figures, and identifying information, can you either scan in or type up what is on the claim form please.

 

Have a read of the pdf below.. it has links to all the information you require ..

 

 

[ATTACH=CONFIG]30616[/ATTACH]

 

Thanks CB for working out timeline. On checking my calendar 23rd October is a Sunday. Does that make a difference?

 

Yes, I will want to defend as there will be charges on the account which as you know I want to reclaim. I am not running away from the debt from them, but I am not paying an amount which has charges included as well. This is why I feel that the SAR does have something to do with them now deciding to issue the claim as I have had lots of letters of "letter before action" from them before and they have never gone down this road. So do I need to counterclaim?

 

Also, who the heck are Collections and Recoveries? They sound like a DCA to me and not proper solicitors. Are they an in-house jobby to you think?

 

I will now take a look at the link you've kindly posted.

 

Lots of coffee for me today me thinks!

 

Best,

 

Coffee:angel:

[coffeeangel]

No letters before Action or pre action protocol Coffee?

 

 

Regards

 

Andy[/quote

 

Afternoon Andy and thank you very much for dropping by.

 

I'm just about to make myself a very large coffee and get stuck into the letters I do have in my possession (I confess to have been a shredding fiend in the past so don't have much) but I will post back shortly to let you know. Some of them are still in envelopes and not even opened (*hang head in shame*) .

 

Back soon and again, thanks.

 

Best,

 

Coffee:angel:

[citizenB]

The Claimant’s claim is for XXXX.XX presently due pursuant to a credit agreement entered into by the parties, full particulars of which have been supplied hitherto

 

They say full particulars have been supplied.. well this isnt strictly true is it ??

 

In your CPR31.14 you can request... The agreement, the Default Notice and a statement of account showing how the amount they are claiming has been assessed, iidentifying any default charges.

 

If they dont supply the information within the time eg 7 days then you will need to ask for more time as per the pdf above.

 

You need to get the request off ASAP, send it via Recorded/Special Delivery. Keep the receipt attached to your copy of the letter.

 

I am of course assuming that it will be your intention to defend ?

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?322383-Link-Financial-County-Court-Claim-for-Abbey-Bank-Account-Overdraft.&p=3580072&viewfull=1#post3580072

 

Have a look at post 13 in the link above.. you can see how Elsa has prepared a CPR31.14 for someone else

[coffeeangel]

Thanks CB. I have just PM'd you as I wasn't sure you were still online. Anyway, long story short, the link you supplied isn't working for me. Can you direct me to the right place for this?

 

 

And yes you are right, they haven't supplied anything!

 

Best,

 

Coffee:angel:

[citizenB]

Ok, I have made it a word document and posted below..

 

[ATTACH]30624[/ATTACH]

[coffeeangel]

Ok, I have made it a word document and posted below..

 

Thanks CB but maybe I need me specs, but I can't see it!

 

Best,

 

Coffee:angel:

[citizenB]

Yep, still here.. I have been superglued to the chair

 

Dont know why the pdf isnt working.. I have changed it into a word doc and posted in the one above this.

[coffeeangel]

Aha, I see it!

 

Thanks CB - top dude!

 

Best,

 

Coffee:angel:

[citizenB]

Excellent.. I thought I had lost the plot there lol. Does that format open for you ?

[coffeeangel]

Coolio CB - tis now working for Coffee!

 

)

[coffeeangel]

No letters before Action or pre action protocol Coffee?

 

 

Regards

 

Andy

 

Ok, so I have had a look through the very small bundle of letters I have and there is nothing in there about a default notice. I had an arrangement with them and was paying and some months they would send me letters (Blair Oliver and Scott) to say I was in arrears with it but I knew I had paid them so ignored. Lots of letters and in the last couple of months two FINAL NOTICE - CALL US TODAY letters and one NOTICE OF INTENDED COURT ACTION and then nothing until end of August when I got a letter from Halifax's Litigation Department saying NOTICE OF LEGAL ACTION which says:

 

"Please note that your account has now been passed to our Litigation Department to commence a court action for payment.

 

We have sent this leter before claim to you in accordance with the Pre-Action Conduct Practice Direction contained within the Civil Procedure Rules.

 

You can still prevent us taking court action if you pay the balance in full within fourteen days of the receipt of this letter. Alternatively you can call us on the number below to discuss your account our operators.

 

If you do not make a payment as requested or fail to telephone this department, court action will commence without further notice and in line with Pre-action Conduct Practice Direction we intend to rely on the following documents in court

 

copy agreement, default notice information and statements

 

We draw your attention to the following part of the Drections:

 

(a) Paragraph 4 of the Direction which sets out the court's powers to impose sanctions, such as cost or interest awards for failure to comply with the direction

 

(b) That ignoring this letter may result in us starting proceedings and this may increase your liability for legal costs."

 

This is all I have Andy. Thoughts?

 

Best,

 

Coffee:angel:

[AndyOrch]

Plenty of notice then forget that route:|

 

Andy

[coffeeangel]

So basically, I'm in a big pile of poop!

 

Best,

 

Coffee