Grant123 Vs BOS/HBOS.

[grant123]

Hi what does IMHO mean ??

[maryhillgull]

Grant123

 

IMHO means in my humble opinion,

 

There is a chance that any new cases against the banks will be stayed by the courts in England while they wait for the High Court decision, however it is probably a good idea to submit the case as leaving could affect the limitations i.e how far back you can go. Just be prepared for a long wait on the other hand you might be lucky and not get a stayed:-)

 

Cheers

[kennythecelt]

Hello again

Please remember that what I am suggesting is in the middle of a transition period and everything is changing fast and my suggestion is only that and based on what I have picked up plus a bit of latteral thinking.

 

Stevokenevos suggestion was perfectly good and people in Scotland were on occassions using a relatives address in England and the local court. That appeared to work well and it did for him and others. Best was furthest north of England as possible in case you needed to travel to court at short notice. As Maryhillgull has stated, this possibility has changed slightly.

 

The current situation may turn out that cases will be stayed in England, sometime soon. However, this has not happened yet, but must be considered as likely/ possible. You could just get away with it however. The legal situation in Scotland is likely to be different and cases may well continue, from what I understand.

 

The FOS as you know is not a possibility. Thats our tough luck unfortunately.

 

I did not file at court and have settled 3 accounts with HBOS- VERY LUCKY!!! However, it shows what can be done by phoning them constantly. You could consider this approach.

 

One of the big complaints against HBOS is the way they refuse some claims yet pay out on others eg me and others of course, of which there are many. You can put that to them directly and in writing. You seem to have sent your claim letter on 20 July, which is not that long ago. Who sent the refusal letter,, as this sounds like the first stage refusal, I may be wrong. So please give a little more info.

 

Will check in later to see what other facts are!!

 

[stevokenevo]

Stevokenevos suggestion was perfectly good and people in Scotland were on occassions using a relatives address in England and the local court. That appeared to work well and it did for him and others. Best was furthest north of England as possible in case you needed to travel to court at short notice. As Maryhillgull has stated, this possibility has changed slightly.

 

Just to point out, you do NOT need an english address to claim in england, all you do is fill in the N1 form online, print it off and post it to the court local to the defendant e.g your banks english headquarters address.

 

The Moderators and helpers are working on a petition which will allow cases to continue and overturn any 'stays' which may or may not be imposed.

[kennythecelt]

Thanks for that Stevokenevo. Howz tricks????

 

Hope you can make sense of this grant.

 

If not, let us know.

[grant123]

Morning guys

 

I'm 99% sorted now.

 

But................

 

Thanks very very much for your replies. I really appreciate them.

 

I was thinking about using the MCOL system for my claims as opposed to thge N1 , purely because of the higher claim limit.

 

Does anyone have any thoughts on this ?

 

Cheers

[kennythecelt]

Morning, sorry but I have no personal experience. Someone will help though and we will get you there.

 

I do still think that you might be able to get this sorted by calling HBOS at the claim team. Worth a shot??

 

Might also be better if your thread was in HBOS forum- could a mod or site helper please assist and move this thread over to HBOS?? Thanx! :)

[stevokenevo]

i believe darren here http://www.consumeractiongroup.co.uk/forum/lloyds-bank/42969-darren-lloyds-tsb.html has used mcol

 

Send him a message i am sure he will be pleased to offer advice, he has claimed in england several times over the last year!

 

good luck

[grant123]

Hi

 

Has anyone from Scotland used MCOl, giving an friend or family address in England, when they perhaps were'nt living at that address ?

 

Cheers

[kennythecelt]

Hi Grant

Yes, I came across some and once I find particular cases I will post some links. In the meantime, you could use the search facility on the toolbar above.

[grant123]

Hi everyone

 

Quick N1 question.

 

On the N1 POC is the date the money became owed to me the date the first charge was taken ?

 

If not what does this mean ?

 

Any help would be appreciated.

 

Thanks

[stonedecroze]

Depends on how you are claiming interest Grant.

 

If you are using spreadie to calculate charges then this is how mine looks

 

5: Accordingly the Claimant claims:

 

a). The return of the amounts debited in respect of the charges in the sum of £xxxx.xx

b). Court costs in the sum of £xxx/xx

c). The claimant claims interest under Section 69 of the County Courts Act 1984 at the rate of 8% per year as from date of first charge to date of filing of N1 in the sum of £xxx.xx and also at the same rate up to the date of Judgement/Settlement at £xx.xx per day ( to get this multipy a + b by 0.0022 this wil give daily rate in pence. You can also add £10 SAR fee if you paid it here I believe if not some-one will correct this) OR at such a rate and for any such periods as the Court deems just.

d). Here you can add your £10.00 SAR fee if applicable.

 

I have also added another para here "the Claimant will also ask for any and all cost incurred by Him in bringing this action to be paid by the Defendant"

 

don`t know how this will work I`m trying to get money back for postage, stationary, Book and Lawpack small claims kit ( SEE LINKS ON LEFT, GOOD INVESTMENT) so far over £100.00 plus time for day off work to attend Court. Parking fees kept all reciepts etc. I`m not holding my breath on this, but After all Howard`s p*ssing me around it is worth a try.

 

Hope this helps.

[grant123]

Hi sorry maybe did'ne explain myself to well it was the part in the lilac font I was to sure about.

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

Cheers

[stonedecroze]

Yeah it is date of first charge to date of filing of N1.

[grant123]

Thanks mate,

[stevokenevo]

Grant if you have a look at my cap1 thread, there is a great POC courtesy of UKAviator, i basically copied it just changing the personal details ;-)

[kennythecelt]

http://www.consumeractiongroup.co.uk/forum/general/107764-claiming-back-bank-charges.html

[grant123]

Hi

 

I've just completed and posted my first N1 form. I have sent it to the court in Halifax next to the HBOS head office.

 

Fingers crossed.

 

Cheers

[grant123]

Hi

 

Has anyone had a stay put on their case ?

 

Cheers

[stonedecroze]

Hi Grant, I think some have and Barclays lost a load had them set aside. there is a thread about on here somewhere. But IMHO I dont think thay they will apply for stays as they have to ask for each individual claim and it will cost them loads, and as they will prob expect to lose in the current situation, I just can`t see it happening. Good luck!!

[stonedecroze]

Just found it Grant. look here http://www.consumeractiongroup.co.uk/forum/general/109416-barclays-refused-stay-we.html

[grant123]

Cheers

 

Your a big help.

[stonedecroze]

Sokay lots have helped me. payback time LOL

[grant123]

Hello everybody

 

Has anyone has a stay placed on their case at Halifax Crown Court ?

 

I've found a list, link below which says they are staying all cases can anyone confirm this ?

 

http://www.consumeractiongroup.co.uk/forum/general/109936-find-out-here-if.html?highlight=groovycaz

[grant123]

Hi

 

FSA to review waiver see below.

 

 

http://www.consumeractiongroup.co.uk/forum/general/108220-fsa-review-waiver.html