over 6 years

[moses]

Hi folks

wondered if anyone can help.

 

today is the day I can file for default but the Halifax have paid the 6 years worth of charges into my account but said they would defend for the 2 years prior to that. I wrote a partial acceptance letter saying I would continue to claim the remainder but it seems it has not been delivered- was posted last Monday post office web site still can't confirm. I have been trying to ring the MCOL helpdesk ( to inform them of part payment) but can't get through-I thought it might be cos I was ringing from Spain but my husband has been trying as well

Now I don't know if I can just file by default or will the fact that the figure they now need to pay has changed effect this in any way?

 

many thanks

[moses]

Hi again

 

have just managed to get through to MCOL (going round all the houses!) and a very nice lady there told me to just go into the claim and start the default and it will ask me how much I am claiming so I can adjust the figure(deducting the part payment) and adding on the daily interest & take it from there so here goes.........................

[maybelline]

good luck, Halifax are defending 1/5th of my claim as it goes slightly over 6 years, they filed their defence and it is with the judge until 16th when I will know if the judge has listed it or if Halifax have asked for a stay. not hijacking your thread just letting you know others are in the same boat. I should point out though that my case is slightly different because i am arguing on 'cause of action' as I am following up an earlier request for return of charges and the whole period of charging does still fall within a six year scale.

[moses]

Hi Maybelline,

don't worry about the thread the more the merrier! Did you go for default or had they already filed the defence? just asking cos although I've filed for default I've read on several threads that they can enter a defence after the deadline-which I don't think is very fair what's the point of having a time limit if it can be abused???? I wish you luck & keep in touch

[maybelline]

no I did not go for default as did not have one but I have also seen on here that they are entering their defence 'rather late'? It seems to come down to how flexible the judge/court is willing to be, but I think you can complain about it if they do so, also, it does not look good for them when it comes before the court as you say, abuse of the system and all that! good luck.

[WILKINSS208]

halifax entered a defence in my case for claim back to 1990.

i am taking it further and sent off another £100 for case in court.

they are defending my whole claim, even though they have paid me the last 6 years ????

[maybelline]

hello, halifax paid my six years but I have continued to pursue the final part as I believe I am entitled to it, they have said they are defending the whole claim, not possible since they have already paid part of it, then they offerred the part they paid again!?? now i have asked for judgement on the remaining sum and the court has said my figures are different, well, yes that is because some it has been paid and that is clear from all the attached paperwork. i am going to the court next week to sort it out with them.

 

also, just a thought, do we have to argue just the limitations act points or argue the charges aspect first/also? do the banks want to argue about their charges at all?

[maybelline]

crashbandicoot - hows it going? any news.

[moses]

Hi guys- a happy new year to you all- just updating ..my claim has been set aside as the Halifax are defending the 2 years prior to 2000 using the old limitations act etc... have a court date -28 Feb in sunny Blackpool but hoping it wont get to that, I must sit down & get my head round it all & start doing some serious reading of this site again!!! Oh by the way I've had a copy of the defence & a letter from the court explaining the set aside but no allocation questionaire should I be expecting one??

[moses]

Hi Maybelline

 

How's your claim going I think I am in the same situation as you. The halifax have paid out the 6 years of my claim but not the 2 years previous which I was also claiming & now I have had a defence against the whole claim too.I haven't as yet entered into any communication with them and haven't received an AQ from the court.. did you? I have a court date for the end of Feb and wondered if we are supposed to come to an agreement before if poss & also have you prepared your court bundle? I'd love to hear from someone in the same boat as me so we can compare notes anyone?

[crashbandicoot]

Sorry folks, been away for the weekend so only just seen this. I now have a court date with Halifax for 8th Feb. They dispute my interest and my one charge over 6 yrs and claim they've paid the rest into my account - they haven't. I haven't done my bundle yet, as I'm hoping they'll settle before I have to put all that paperwork together....being lazy..lol.

 

I did call them and leave a message to say if you're willing to settle in full please call me, otherwise we'll proceed as normal (i.e. see you in court).

 

So just waiting now. If they don't budge over the next few days I'll send my bundle in about 16-17 days before the court date, with mhy arguments against the limitation act etc.

 

Hope you're all ok.

[maybelline]

Hi, I will be going to the court tomorrow to ask for enforcement, but will check to see if they have applied for a set aside, which I believe they will do, I spoke to Halifax on the phone who say they will defend because they believe that the six years starts from the date of the court claim (not so IMHO). good luck to all those with hearing dates, no, I have not got my bundle together yet but have most of the documents ready, but I do know I will have to rehearse the whole argument very well before going in to court:)

[moses]

Hi folks I haven't been on this site for a while as too much going on on the homefront' anyway I'd appreciate some comments if poss

 

Just to get up to speed the Halifax have paid 6 years worth of my claim into my bank account & is now a distant memory ( Christmas an' all!)

 

Went for judgement on the outstanding 2 years & they have gone for a set aside. Had some paperwork from the court :-defence etc & a date of the 28 feb at Blackpool court

 

I phoned the court today as I was not sure of the next step & the lady I spoke to said that the judge would agree with the set aside as you cannot claim for anything over 6 years as it would open the floodgates for all claims"If I had an injury caused over 6 years ago which was still ongoing I would be able to claim for that" was her example and she told me to go to the CAB to get some legal advise as I could end up having to pay costs to the bank

 

Am now pooing my pants as I can't a) turn up in court & speak for myself!

b) afford the banks costs

What shall I do now:eek:

[maybelline]

who did you speak to at the court and are they legally trained to come to a conclusion on this, also I thought you could not set a precedent in a small claims court, just a thought.

[moses]

Hi Maybelline

 

Thanks for replying I'm not sure who the lady was I spoke to as I just started explaning my enquiry to the reception/switchboard & she said I'll put you through to the right person so you don't have to repeat it all. The lady I then spoke to was quite adamant that the judge wouldn't agree with me and said if she were me she would get some strong legal advise if I were going to continue

 

Where are you up to with your claim?

[maybelline]

hello moses, I have requested enforcement because no defence was submitted and they were in default because of the time elapsing, I have no news on this and am expecting it will be a set aside which they have until the end of this week to request. I had a different reaction at my local court who seemed to think that the date of discovery was the relevant starting point, but I was not speaking to a qualified solicitor so I have to take their comments lightly. with all the background research done on this site re: Limitations Act and the numerous threads discussing this I do feel confident that it can be tested, the problem is that is has not yet been tested in court. As soon as I learn if a hearing date has been set for my case I will post it on here. have you tried to PM one of the mods for help with your legal case?

[WILKINSS208]

hi

im at hearing stage with this with halifax. they are defending claim 1990-2006. however, they have already paid me for last 6 years but wont pay previous years.

they have submitted defence and hearing is in march. i have to get all evidence ready now etc, not looking forward to it but must be done. yet to hear of everyone who has been to court and won prior to 6 years......have you???

[Glenn UK]

Hi Maybelline

 

Thanks for replying I'm not sure who the lady was I spoke to as I just started explaining my enquiry to the reception/switchboard & she said I'll put you through to the right person so you don't have to repeat it all. The lady I then spoke to was quite adamant that the judge wouldn't agree with me and said if she were me she would get some strong legal advise if I were going to continue

 

Where are you up to with your claim?

 

Hi moses

 

A point to bear in mind is that the people at the court may think they know what their talking about, they might I suppose, but they are not the ones making the judgement, so you don't have to take any of them.

 

Secondly the limitations act is a serious issue, you need to be reading up as much as you can and putting together your case.

 

If you haven't read the thread about charges older than 6 years i suggest you have a look. Theres lots of thoughts and ideas in there, and someone asked if they have to argue about the lawfulness of the charges, that IMHO is an important part of the issue relating to the limitations act.

 

If the charges weren't unlawful then Sec 32.1.c wouldn't apply, neither come to that would sect 32.1.b.

 

If it was you who said you couldn't represent yourself at court then perhaps i might suggest you see if theres someone in your area who is prepared to act as your buddy, possibly speak for you.

 

HTH

 

Glenn

[moses]

Many thanks for that Glenn

I just start to panic when things don't go straight forward & I automatically think I can't do it. As you can see I keep leaving it a few days but I am determined to have a go so now will do some reading round the forum but if I do have to go to court it will be difficult as I live in Spain & was hoping they would settle before then

Anyway will keep trying but do I need to speak to the Halifax before the set aside date of the end of Feb?

 

Many thanks

[moses]

ps whats IMHO?

[maybelline]

In My Honest Opinion

[moses]

Thanks maybelline

 

not computer savvy or text savvy not really in this century!!

[maybelline]

moses, how is the warrant request?

 

p.s. do you have another thread.

[moses]

Hi Maybelline

 

My situation is this:-

17/11 I issued a warrant paid £55 for the privilege as it doesn't seem to mean anything:mad:

 

29/11 phoned the baliffs office was told they would be going in by the end of that week- as if:rolleyes:

 

13/12 phoned baliff again she said it was impossible to enter the halifax office(what happened to brute force!) but she had spoken to someone there & it wasn't like him not to take action after her mentioning the warrant(oh well that's alright then!)

 

Christmas week received notice of set aside to be heard 28 Feb together with defence quoting statute barred re limitation act etc

 

Just pondering as to what to do next- do I need to enter into dialogue with Halifax to avoid wasting court time etc

 

I have been using Thurleys thread as we were at the same stage but he's gone very quiet- hope he's ok but not heard from him for ages but his thread is Thurley vs Halifax

 

Ps it's nice to have someone interested so please keep in touch:)

[maybelline]

moses - I remember the thurley thread which is where I first saw wifeand I's thread saying they were paid more than 6 years. I am at a very similar stage, a warrant was issued at the local court but was forwarded to halifax bailiff yesterday, I think I will hear about a set aside in the next few weeks and then I will have to put all my reading and notes together into a clear argument to take into a hearing if it gets listed, I understand there would be a hearing prior to the full hearing (cant remember what thats called but can be looked up on hmcs website for procedure), good luck, I will keep you posted

 

also - I think maybe I should have put the local branch address for enforcement rather than Head Office, considering what you say about 'not being able to get into the building', mr Purcells bailiff managed ok! :)