aitchy1711 v HBOS - court action defended

[Aitchy]

Hi folks, I am reclaiming £4500 on behalf of my mum. I've gone through all the motions re letters and MCOL and stuff and last Friday (June 15) the bank defended, claiming they "dispute the whole amount you have claimed". Eight days later I haven't heard a peep out of anyone. Should I chase the baddies? Cheers, Iain.

[dolphin939]

Hi try ringing them

Hi my claim with the Halifax, they paid the full amount into my account on 19th june 2007 £5635.05.

N1 filed 23rd May 2007

Deemed served 25th may 2007

Acknowledged 1st June 2007

Keep on fighting and you will get it.

Heres some helpful numbers 01422 391096 or email

rachelhinchliffe@HBOSplc.com

Today 20th June I discovered that 2700.00 had been taken out of my bank, I rang Halifax and was told it was interest on a loan, I told them that I didn’t have any loans so she put me on hold and cam back after 5 mins and said there’s been an error I will get someone to call you back in 5 mins (I smoked 5 cigs in 15 mins) got no call back so I rang them and they said sorry about the error your account as been refunded with the 2700.00 what a cheek?

[Aitchy]

Try ringing MCOL, the bank or the local county court? Hmmm. I will try them all on Monday.

 

The only thing I gave my mum responsibility for was checking and itemising all the charges on her old statements. What if she has claimed too much? Does that mean we are screwed? Anyone?

[moneyhelp]

Are you claiming in Scotland or England?

[Aitchy]

Are you claiming in Scotland or England?

 

Hi, I'm claiming in England using a friend's address. Claim issued with MCOL on 16 May.

[moneyhelp]

I presume by that you mean you are living in Scotland - if so, this may have more info for you http://www.consumeractiongroup.co.uk/forum/scotland/

 

Good luck with your claim.

[Aitchy]

I presume by that you mean you are living in Scotland - if so, this may have more info for you http://www.consumeractiongroup.co.uk/forum/scotland/

 

Good luck with your claim.

 

Erm, thanks. I'd already looked in there (and virtually everywhere else before I posted). In any case, as far as I know you can't claim via MCOL unless you use an English correspondence address so the Scotland forum isn't much use as I'm technically claiming in England.

[moneyhelp]

Dusary is the main man for Scottish claims

[Aitchy]

Dusary is the main man for Scottish claims

 

:? But I'm claiming in England!!!

[sea-sidelady]

You have to wait your 28 days from when it was deemed served.

The should of recieved that date a few days after you filed.

[Dusary]

I'm here!

 

Aitchy - since you are going down the MCOL road - that's OK, you've got an address in England.

 

But, you could also have filed an N1 in an English County Court.

 

However, to answer your original question:

 

YES! CHASE THE BADDIES! GO FOR IT!

Keep us informed of all that's going on.

[Aitchy]

You have to wait your 28 days from when it was deemed served.

The should of recieved that date a few days after you filed.

 

I am now more confused than I was when I started.

 

The case was issued on 16/5

It was deemed served on 21/5

It was acknowledged on 22/5

It was defended on 15/6

It is now 23/6 and I have heard nothing.

 

Don't worry. I will call MCOL and HBOS on Monday for an explanation.

[Dusary]

Yup!

 

I just tried calling HBOS - and they're SHUT!

 

Did somebody warn them?

[Aitchy]

Yup!

 

I just tried calling HBOS - and they're SHUT!

 

Did somebody warn them?

 

Haha. It looks like it.

 

I found this in the Nationwide section. It appears MCOL are struggling to cope so to others in the same boat, the message seems to be don't panic.

 

"Nationwide put in a defence on my claim on the 28th day on 30th May & I haven't heard anything either. After a week I phoned MCOL and they told me they were six working days behind, last Thursday I phoned them again & they advised that the paperwork had been sent to my local court & I would hear direct from them not MCOL on Tuesday or Wednesday this week (two weeks after the defence was put in). I think the delays are due to the massive numbers of claims going through the courts (1000+ with MCOL alone each day). I panicked about the delay last week & a few posters quite rightly told me to chill, which I started to do a couple of days ago & I now found that my nervous twitch has gone! You will hear shortly I am sure & then Nationwide will get round to refunding you!"

[Dusary]

I panicked about the delay last week & a few posters quite rightly told me to chill, which I started to do a couple of days ago & I now found that my nervous twitch has gone!

 

 

Yeah!

 

We've all been there!

[Aitchy]

Hi everyone, the bank put in a four point defence to my claim but the AQ was dispensed with. I called the court today to find out what's happening and they say the judge has requested more information from me (a letter from the court is on its way). So the fight goes on.

 

The case was issued on 16/5

It was deemed served on 21/5

It was acknowledged on 22/5

It was defended on 15/6

[Aitchy]

Hi folks,

 

The judge has asked me to file a new particulars of claim and a break down of each charge, "specifying the date, amount and type of each charge claimed", copying in the bank.

 

I had actually done all that already but I will send again.

 

It sounds pretty straightforward but if anyone else has been in this position, words of encouragement or help would be appreciated.

 

Cheers, I.

[sea-sidelady]

Did you send a spread sheet with your claim? and send it to the bank aswell

[Aitchy]

Did you send a spread sheet with your claim? and send it to the bank aswell

 

Yeah, I sent the spreadsheet to MCOL after filing my claim and I sent a copy to the bank (for about the third time!!!). I suspect the court copy may have gone missing, which is always a risk if you go through MCOL as you have to send it separatley to the particulars.

 

I have saved the spreadsheet though so will just send it again. Fingers crossed.