CL Finance Claimform - old halifax credit card **WON+Charges back fron the OC**

[ukaviator]

Hello Kia

 

I have moved this as you were not getting too much help where it was, (no offence to the people who posted).

 

Can you give us an update on what's happened here?. . If they have judgement you need to do something. Do you have all of your statements yet?

 

Uk

[kia]

yes they have judged it in their favour i do have the statements now and im going to try and get it set aside as for the statements i dont know what to do with them any help will be appretiated thank you UK owe you one sweetie ;)xxkia

[ukaviator]

Ok. .go through your statements and highlight all of the charges. Overlimit fees, late payments fees etc. You will need to fill in a shedule of charges Spreadsheet. As this is now a long way down the road, add some interest at either the Contractual Compounded rate or at 8% under S.69. if your worried about claiming CCI.

 

There is a Calculator spreadsheet here:

 

http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Just change the APR rate in the box on the right. To get your APR, see if it's on the statement, if not call them and ask what it is, but don't talk to them about anything else.

 

You need to fill in the Form N244 to get the Judgment set aside. This will cost £75 though. On the form you need to add the reasons you are applying for the set aside. Amend the POC (Particulars Of Claim) for the Halifax Card to suit your needs in that section. I would send a postal order to the court for the fee, as it looks like you are close to running out of time. N244 link is here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

Amend your POC from the list for Credit Cards, found here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

You must also put in your POC that you want the Default removed from your Credit records, as this was issued due to the charges being placed on your account.

 

Uk

[**Tilly**]

hi kia

if you have recieved all of your statements you need to go through them and do a schedule of charges then you will

be able to see what they owe you

[kia]

right UK ive copyed the form but it says its for halifax credit card is this right and the POC does this need to be done now or when i go for them in court cos if its with this set aside do i have to do the scedule now too as im hopeless at spreadsheets ask CF i really struggled with last ones im getting all mixed up all ready helpppxxkia

[ukaviator]

Hi Kia . .

 

Put down the charges on Word for me with the APR. Just leave off your bank details, you can add those later.

 

I need, date they charged you, amount, reason for the charge, and your current APR. If you e mail me those, i will do a spready for you.

 

Uk

[kia]

u still want this UK as ive not got right SAR and brain is very slow today due to a slight over indulgence to the alcahol kind or will i wait cos number all mix around at the moment but i now what a slave driver u are and bossy with it :Dlet me know ok ;)xxkia

[kia]

right ive printed it off UK and im completely stuck now help please and ive done the sar ready for posting whats the address again it wasnt on the letter :Dsee uk ive got me finger out finally ;)xxkia

[sea-sidelady]

Send everything here...

 

HALIFAX PLC

TRINITY ROAD

HALIFAX

WEST YORKSHIRE

HX1 2RG

[kia]

thanks love xxkia:D

[sea-sidelady]

Your welcome...

[kia]

right heres were things are up to now i sent off the N244 from filled in last week and not heard a thing back heres what i put on the back of it

 

I wish to apply for a set aside as i did not receive the response pack when the claim was issued.

 

 

Had i received the claim i would have submitted a defence and a counter claim against the claimant,

as it is my belief that no credit agreement exists.

 

 

I wouldn therefore respectfully ask the court to set aside the judgement on the basis that i never recieved the claim pack that was requested on the 20th september 2007 and consquently was denied the opportunity to repsond to the claim.

Which i would have as it is my sincerly held belief that no cerdit agreement exists and the debt is unenforceable in law CCA1974

 

In addition to this is was at the time on medication prescribed by my doctor which caused me to become disorientated and forgetful and i am currently obtaining a report by my gp to confirm this but he is on holiday till the 6 november 2007.

 

Could the court please stop any enforcement of the judgement until after the hearing to set the judgement aside

 

signed me

 

right im in the process of getting that letter it should be done today now as for the counter claim i did not mention in the letter that i was in the process of a counter claim at the moment as the SAR has gone off should i have done or what cos i could send it still with the letter from the doc is someone could look this over and let me know as i dont know whether i was supposed to say that and the sar im still waiting for statements to come but ive told theres a quicker way let me know if anyone knows and im getting a bit bambozzled with this tomlinson order whats that and do i do that or wait for statements as ive been told time is of the element thanks for any help u can give xxxkia

[ukaviator]

A Tomlin order is a court order in the English civil justice system under which a court action is stayed, on terms which have been agreed in advance between the parties, and which are included in a schedule to the order.The order permits either party to apply to court to enforce the terms of the order, avoiding the need to start fresh proceedings.

 

Have you just received the Tomlin Order?, or was it sent to you before your N244 was filed?

 

This could be good timing, as this will give you time to get your claim for the charges and default ready.

[kia]

no it was T that said i should have it uk should i cos im confused they never sent me it advise please xxxkia

[ukaviator]

Hi Kia

 

Do you have your statements from the Halifax from the first S.A.R - (Subject Access Request)?.

 

Have the Halifax been given judgment for the debt owed?

 

You have filed your N244 and are waiting for the judge to give you a hearing date for the set aside or stay. You should hear about this very soon. Maybe an idea to call the court on Moday and chase this up a bit as you have'nt much time.

 

Meanwhile you have requested another upto date SAR to check on the later charges added to the account. Send me that with your account number and personal details blanked out, and i will sort out your charges spreadsheet with some interest. It's £750 already to claim back without these other charges and interest, so hopefully we can get back a lot more

 

Keep us posted

 

Uk

[kia]

hiya UK right not get statements yet from the sar i sent last week as the first sar i never sent the money this time i have sent it over a week ago now. yes they have been given judgement in their favour.yes i have filed my N244 and yesterday i recieved letter from the court saying they have agreed to the hearing for the set aside and theyve transferred the case to southport so what happens now take it i wait now.theres no date on the letter as its been transferred thats everything i think let me know if its not uk alright oh ill send you the ones ive got yes later got class to go to sorry and i cant scan things new printer doesnt do it so ill have to hand type it ok xxkia ps the letter it came on was not statements it was just like a letter it was what they sent xx

[tomterm8]

Hi Kia, Robdblynd asked me to look in.

 

First a few questions:

 

1. have you agreed to a tomlin order or have they offered you a tomlin order.

 

2. when was the default judgement issued.

 

3. When did you apply to set aside default judgement

 

4. How many charges were applied to the account

 

Tom.

[kia]

right first i need to tell you that i got a date yesterday its the 6th december in southport now as its been transferred

1.theyve not offered a tomlin order no

2. 15 the october

3. The postal order was dated the 29th october

4. not sure of exact amount of charges cos ive had to resend the SAR as i didnt send the 10 pounds with first one so they just sent a letter with the charges on it so uk said to ask again so i requested that on not sure cos i never changed the date on the letter well too late now il have to find the receipt for postal order that will say and ill put it on when i know but i think the times up on it so what now thanks tom and UK when your back need both your help xxkia

[tomterm8]

Cool. that's all very good to know, especially about the tomlin order.

 

is it possible for you to post your set aside application? Minus personal details.

[Robdblynd]

Would #37 be what you were after Tom?

 

Or do you want all the details entered on the form , cos Kia's scanner doesn't work so she'll have to type everything out for you.

[kia]

ill type it out after me tea if u need me to tom ok let me know xxkia

[tomterm8]

No, it's not necessary to type the entire form out. I think it would be a good idea to flesh out your legal arguments in a witness statement, and submit it to the court at least 2 weeks before the hearing.

 

When is the hearing?

[kia]

the 6 th dec so need to do it soon then and havent got a clue how to do that what do i do about no statements yet tricia said something about not needing to do a sar now that i can do a cpa or something like that cos theres no sign of them yet so what do u suggest tom xxkia ps thanks for your help x

[kia]

still no statements getting panicky now uk tom what do i do now xxkia

[kia]

no statements again so what now then time is moving on xxkia