Jump to content


  • Tweets

  • Posts

    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
    • This is simply a scam site.  It's been shown to be a scam in the national press and on national TV. Please fill in the the forum sticky and upload the invoice you've received. In fact what you have is an invoice, not a fine, a private company doesn't have the power to issue fines.  
    • Moved to the Private Parking forum.
    • Good afternoon, I am writing because I am very frustrated. I received a parking fine from MET Parking Services Ltd , ( Southgate park Stansted CM24 1PY) . We stopped for a quick meal in Mcdonalds and were there fir around 30 mins. We always do this after flights and never received a parking fine before.  Reason: The vehicle left in Southgate car park without payment made for parking and the occupants southgate premises. they took some pictures of us leaving the car. i did not try and appeal it yet as I came across many forums that this is a scam and I should leave it. But I keep getting threatening letters.  Incident happened : 23/10/2023 I did contact Mcdonalds and they said this:  Joylyn (McDonald’s Customer Services) 5 Apr 2024, 12:05 BST Dear Laura, Thank you for contacting McDonald’s Customer Services. I’m sorry to hear that you have received a Parking Charge Notice following your visit to our Stansted restaurant.   We've introduced parking restrictions at some of our restaurants to make sure there are always parking spaces available for customers.   We appreciate that some visits such as birthday parties or large group visits might take longer and the parking restrictions aren't intended to stop this. If you think your stay will exceed the stated maximum parking time then please speak to a manager in advance.   Your number plate is scanned by our Automatic Number Plate Recognition (ANPR) system when you enter our car park, and then again when you leave. If you have overstayed the maximum time allowed, you will not be notified straight away- a Parking Charge Notice will be sent to you via the post.   If you feel that a Parking Charge Notice has been issued in error, please contact our approved contractors who issued the charge in order to appeal the charge. Unfortunately McDonald's are unable to revoke parking tickets- the outcome of the appeal is final and cannot be overturned by McDonald’s.   Many thanks for taking the time to contact McDonald’s Customer Services.   Can someone please help me out and suggest what I should do next?  Thank you 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Barbershop0 v Halifax


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6092 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

This is my first posting, so I may be a little naive. I have a mortgage with the Halifax. My total charges on my account since inception amount to £967. The charges for the last six years amount to approx £650.00.

 

On the 12th Dec 2006, I sent my LBA to Halifax for the full amount of £967. On the 20th December Halifax sent me an offer of £650 in full and final settlement.

 

I do not know whether to accept this or continue with the court action for the full value as £317 of this is older than 6 years.

 

Thanks in advance, for any assistance.

Link to post
Share on other sites

  • Replies 87
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

If my understanding is correct then the courts are not recognising claims of over 6 years, I even read on here that the courts phoned one claimant to tell them this so you may need to accept the 6 year offer which is a result in itself.

Good Luck

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

Link to post
Share on other sites

Firstly, the statute of limitations is 12 years with a mortgage. Secondly, lots of people are claiming for more than 6 years with the banks because the statue of limitations does not apply if you were not aware that a debt existed. ie the banks have duped us into thinking that these charges were unlawful. I would definitely press on with your claim for the full amount. After all, its your money.

Link to post
Share on other sites

... I even read on here that the courts phoned one claimant to tell them this.....

Unfortunately there are people in the courts who have very little understanding of the finer details of these claims. It is not necessarily the case that courts have taken a position and are refusing this point - we still feel as though there is a case to be answered as far as section 32 is concerned (concealment or mistake).

http://www.lawcom.gov.uk/docs/cp151apa.pdf

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

  • 1 month later...

Hi On the 17th january, I completed my County Court Claim. This was deemed to be served on 18th January. The Halifax had until 5th february to reply. Fortunately they didn't reply and on 6th February I asked the Court to make a judgement.

 

The total claim has risen to £1553.49 with interest & costs. I shall now wait to see if the bank pays out.

 

Can the bank appeal if they don't like my sums, after the deadline has expired?

 

Thanks in advance.

Link to post
Share on other sites

Unfortunately, what often happens is that the banks file their defence late (after the deadline) and the courts accept this. This happens all too often.

 

Just wait a few days and see what happens. Dont be suprised if they file late and its accepted.

  • Haha 1
Link to post
Share on other sites

Hi Thanks for your advice, it seems that I am in the hands of the court now. I filed for judgement on the 6th Feb and have heard nothing from the bank or the court. I suppose its just a waiting game now?

 

Any advice please.

 

Regards

Link to post
Share on other sites

Hi On the 12th Feb I rang the court to see if judgement had been sent, as I hadn't heard anything. The court officer told me that they were currently issuing judgements for the 22nd of Jan and it may be a week or two before they got around to issuing mine.

 

Doesn't it sicken you to know that you have paid £120.00 court fee for them to send two initial letters, then not have enough staff to issue proceedings promptly, maybe the Halifax could do with employing these efficient staff!

Link to post
Share on other sites

Hi

 

A further update, rang the court today to be informed that the bank had now acknowledged my claim. After telling them that I has requested judgement on the 6th then the bank had acknowledged the claim outside of the time limit, I was not happy. The court told me that they would Request Judgement today and send me Judgement today.

 

I sincerely hope that they do, I feel that I have fought the banks and now am having to fight the Courts.

 

If judgement comes through the post before Monday then I think that I might have reached the finish line.

 

Passing the finishing line will be sending the baliffs in on Monday, after paying my £55.00 fee.

 

Fingers crossed and hoping!!

Link to post
Share on other sites

Hi barbershop0.

 

I had a similar situation with my claim at the moment where I asked for judgement after the initial 14 days only for the Halifax to give an acknowledgement. I then had two cash deposits put into my account (no offer or anything) the day after the acknowledgement but they weren't for the amounts I am claiming for. I instructed Moneyclaim to continue with my claim and sent a schedule of charges and a letter to Halifax 2 days ago. I received a defence from the Halifax yesterday saying that they are disputing the remaining balance as it doesn't match their records. Am deciding whether to continue and complete the Allocation Questionnaire and prepare for court.

 

It can get a bit frustrating but stick with it. Best of luck.

01/11/06 Sent S.A.R

02/11/06 Royalmail.com tells me letter is delivered (40 days and counting)

07/11/06 Electronic proof of delivery shows letter signed for

08/11/06 Cheque for 10 english pounds taken from my account

25/11/06 Received letter saying statements are on the way

01/12/06 Received statements

Link to post
Share on other sites

Melros, you need to ask them why your claim doesnt match their records. You have clearly sent a schedule showing the amounts, reason for penalty and date. Ask them to clarify which charges they are disputing. It could be something silly like they refunded a couple of the charges and you havent noticed on the statements. They will use this to pick your claim apart if they can.

  • Haha 1
Link to post
Share on other sites

Hi

Rang the bank again, usual fob off, they suggested that I take the letter to the branch. I asked if they would recommend me taking a baliff with me. No reply.

 

Then they said someone would ring me back within 48 hours. I suggested that this was my second time of calling and just wanted a cheque.

 

The call end with me expecting a call back before noon, letting me know the position.

 

I'm not holding my breath!!

Link to post
Share on other sites

Hi

Rang the bank again, usual fob off, they suggested that I take the letter to the branch. I asked if they would recommend me taking a baliff with me. No reply.

 

I'm not holding my breath!!

 

I love it lol.........:D

 

Oh i really hope you get ur call back. They might just put it in your account.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Hi Toffeeman,

 

Will go to court on Wednesday to ask if there is any delay in issuing a Warrant of Execution or if the baliffs will go in within a reasonable time.

 

I wouldn't want to wait for weeks if I paid for the service.

 

Any advice please.

Link to post
Share on other sites

Hi

Rang the Haliprats today and after speaking to about 6 different people, I was told that my Claim wasn't on the spreadsheet so I cannot be paid out. They said that I would have to get the Court to write to them. I told them that wouldn't be a problem.

 

I have just been to the Court and filed a Warrant of Execution today 21st Feb. Today the court are issuing Warrants for the 9th Feb, so I shall have to wait at least 8 working days before they get around to mine.

 

I think the Halifax will be getting a letter from the baliff soon, instead of a letter from the Court.

Link to post
Share on other sites

Go for it - it's not like they weren't aware of your claim.

More incompetence from the Helliprats..!!

If you found my advice to be useful, then please click the scales to the left - Thank you.

 

Halifax - 13/01/2007 - Prelim sent

Halifax - 27/01/2007 - LBA

Halifax - 19/02/2007 - Filed N1

Halifax - 21/02/2007 - Telephone call from Halifax offering FULL SETTLEMENT (inc costs & 8% s.69) - RESULT!!

 

Advice & opinions given by Survivor are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...