MacBoy Vs. Halifax and Hello To the Group!

[**Tilly**]

Tils sends herself to the naughty corner thinks to herself should have guessed mac

already fired of letter

[moneyhelp]

Just popping my head in the door Mac - you're doing just great!

[MacBoy]

Thanks, Money:D

[MacBoy]

Update (Credit Card Account)

Right. Time to take stock. here's the latest timeline of events:

 

1st April: Claim Issued

 

7th April: Court Sent Claim to defendant

 

9th April: Date Deemed Served

 

11th April: Halifax file Acknowledgement of Service intending to defend all of the claim. I have yet to receive said defence.

 

14th April: Court send notice of Acknowledgement of claim

 

18th April: I receive notice of Acknowledgement of claim

 

21st April: Halifax make 'offer' to settle (i.e. drop the full amount of charges into my CC account (it's still sitting there), pay no interest, admit no liability and add a £75 cheque for Court costs.

 

23rd April: I send rejection letter to HFX, instructing them to remove the money placed in my account, returning the £75 court costs cheque and stating my intention to continue legal action unless i get a full refund of charges, interest and costs. They have still not removed the money from my account.

 

If I'm correct, this gives HFX until 23rd April to file a defence. They have not done so, or I have not had sight of it.

 

Again if I'm correct, this gives me leave to request Judgment from the court.

 

But am I correct? It's difficult to tell with this seemingly psychotic behaviour of the Halifax, paying and also saying they intend to defend...

[**Tilly**]

Yo Mac,

 

They made you an offer you rejected it, you told them to take the money out of

your account, they haven't, you have recieved no defence papers,

Go for judgement go get them

[**Tilly**]

 

 

How to enforce a Judgement.

 

http://www.consumeractiongroup.c o....t-how-get.html

 

 

:D

[photoman]

Yo Mac,

 

They made you an offer you rejected it, you told them to take the money out of

your account, they haven't, you have recieved no defence papers,

Go for judgement go get them

 

Agree !!

 

PRACTICE DIRECTION – THE SUMMARY DISPOSAL OF CLAIMS - This Practice Direction supplements CPR Part 24

 

Go get 'em

 

PM

[MacBoy]

Thanks, guys

 

Just one thing - on the Notice of Issue form in the Request for Judgment section, there is a space for 'interest rate'. Am I likely to come unstuck here, as I'm going for something other than the standard 8%?

 

Or should i just stick to my guns?

[**Tilly**]

Sorry mac was just reading your poc again, If it were me i would stick to my gun's

 

 

[kennythecelt]

Agreed, go for it. You are not far away!!

 

This looks good.

[**Tilly**]

Mac if nothing else i have learnt in the last few days is fight for what is yours

you have got this far, like kenny said you are nearly there.

[MacBoy]

Thanks again for all the info and advice guys..

 

I'm inclined to go for it and specify the exact rate I'm using (on the basis that the court should be acting according to the CPR, not assessing my claim, as it hasn't been heard as yet).

 

However, I think a judicious call to the court to find out whether a defence has been submitted (and I just haven't received it), is in order first. I'll put in a call Tuesday

[MacBoy]

BTW, Kenny - i don't seem to be getting reply notification mails even though I'm subscribed to this thread - is there something wrong with CAG's systems at the moment?

[**Tilly**]

I'm receiving them mac have you clicked on that little ticky box thingy

[MacBoy]

Yup. All relevant boxes ticked & clicked.

[**Tilly**]

hmmmm someone let those gremlins out again

[**Tilly**]

And the instant notification box

[MacBoy]

Everything Tils... in fact I never unticked anything - all has always been in place

[**Tilly**]

Try unticking them and reticking them i had to do that a while back,

[MacBoy]

Good idea Tils - will give it a try

[**Tilly**]

Good idea Tils - will give it a try

 

 

I do have them every now and then Mac

[kennythecelt]

BTW, Kenny - i don't seem to be getting reply notification mails even though I'm subscribed to this thread - is there something wrong with CAG's systems at the moment?

 

Hi MacBoy

 

Is this just recent?

Did Tillys recomendations work?:o

If not let me know and I'll ask about.

 

You enjoying the holiday??

[saintly_1]

I have had a problem with email notification ...... it could be a problem with your isp

[MacBoy]

Saintly - I don't think it's an ISP issue - I'm still getting instant notifications from other forums I'm a member of.

 

Again, I have not received notification of either yours or Kenny's posts today - even after folllowing implementation of Tilly's suggestions

 

And yes, Kenny me OLD.... I'm loving the nice weather and what remains of the holiday, ahead of what will be a most stress-packed week!

[**Tilly**]

Saintly -

 

- even after folllowing implementation of Tilly's suggestions

 

 

 

Gawd what you do this morning swallow a dictionary