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    • more detest the insurrectional ex variety dx
    • Laura, I was surprised that the Director said that you hadn't appealed twice. I thought that the letter you posted on 24th June was the second appeal and that was to the IAS. And they did say that there was no further appeal possible. Could you please explain how many times you appealed. I am going to read your WS now. PS  Yes I meant to say that the keeper did not have a licence therefore it was wrong of them to assume he was the driver and the keeper. Thanks for picking that up.
    • In answer to your questions yes even though it wasn't called that, it was the NTK. Had it been a windscreen ticket you would not have received the NTK until 28 days had elapsed. In earlier times if the warden was present then a windscreen ticket would have been issued. It nows seems that the DVLA and the Courts don't see a problem  with not issuing a ticket when a warden is on site. A period of parking must mean that ther e has to be a start time and a finish time in order for it to be considered a period. A single time does not constitute a period. I am not sure what you mean by saying it could be taken either way.  All they have mentioned is  the incident time which is insufficient. There are times on the photos about one minute apart which do not qualify as the parking period because they are not on the PCN itself. The reason I asked if the were any more photos is that you should be allowed 5 minutes Consideration period for you to read the signs and decide whether you want to accept them and you do that by staying longer than 5 minutes. if  more  do not have photos of your staying there for more than 5 minutes they are stuffed. You cannot say that you left within the 5 minute period if you didn't , but you can ask them, should it get to Court , to provide strict proof that you stayed longer than the statutory time. If they can't do that, case over.
    • I recently bought some trainers from Sports Direct and was unhappy with them and their extortionate delivery and return postage charges. I tweeted about being unhappy, and received a reply from someone claiming to be from Sports Direct asking me to send my order number and email address by pm, so a claim could be raised. Which I (stupidly) did. The account used Sports Direct's name and branding, and a blue tick.  The following day I received a call from "Sports Direct Customer Service", and with a Kenyan number. They asked for details of the issue, and then sent me an email with a request to install an app called Remitly. They provided me with a password to access the app then I saw that it had been setup for me to transfer £100, and I was asked to enter my credit card number so they could "refund" me. I told them I was uncomfortable with this (to say the least), and was just told to ring them back when I did feel comfortable doing it. Ain't never gonna happen.  I just checked my X account, and the account that sent the message asking for my details is gone. I feel like a complete idiot falling for what was a clear scam. But at least I realised before any real damage was done. if you make a complaint about a company on social media, and you get a reply from someone claiming to be from that company and asking for personal details, tread very carefully.   
    • The good news is that their PCN does not comply with the Protection of Freedoms Act 2012  Schedule 4.. First under Section 9 (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; The PCN does not specify the parking period. AS you rightly say the ANPR times do not include driving to the parking space and then from there back to the exit. And once you include getting children in and out of cars especially if seat belts are involved the time spent parked can be a fair bit less than the ANPR times but still probably nowhere near the time you spent. But that doesn't matter -it's the fact that they failed to comply. Also they failed to ask the keeper to pay the charge.  Their failure means that they cannot now transfer the charge from the diver to the keeper . Only the driver is now liable. As long as UKPA do not know who was driving it will be difficult for them to win in Court as the Courts do not accept that the driver and the keeper are the same person. Particularly as anyone can drive any car if they have the correct insurance. It might be able to get more reasons to contest the PCN if you could get some photos of the signs. both at the entrance and inside the car park. the photos need to be legible and if there are signs that say different things from others that would also be a help.
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here we go


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:) Welcome ruthieanne,

 

Did you send the 'Data Protection - Subject Access Request' letter when you asked for a copy of your statements.

 

As well, and I can see that you joined in June, but if it will help you if you haven't looked already:

Further links in my sig.

 

mechs :-)

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Hi Mechs

I sent the 'Data Protection - Subject Access Request' letter 16/6/06 and received a bog standard reply acknowledgement, statements ordered and will be sent cheque has been cashed and don't know if I should be hassling them now.

Do the 40 days start from the date on my letter or the date the cheque clears? I keep rereading the faqs and various threads but am assuming that since my letter was acknowledged the time scale is based on my 1st contact.

 

its good to know there is a wealth of support within this forum:)

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Sent the first letter with a cheque, 4 days later i recieved about 22 letters containing statements from the last 6 years. just sending a letter to request the charges back. will let you know.

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Sent the first letter with a cheque, 4 days later i recieved about 22 letters containing statements from the last 6 years. just sending a letter to request the charges back. will let you know.

 

:) Welcome, Daz,

 

Please start your own thread so we can keep track of it and give any advice and help needed.

 

mechs

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Hi Mechs

I sent the 'Data Protection - Subject Access Request' letter 16/6/06 and received a bog standard reply acknowledgement, statements ordered and will be sent cheque has been cashed and don't know if I should be hassling them now.

Do the 40 days start from the date on my letter or the date the cheque clears? The 40 days began when they received payment. I keep rereading the faqs and various threads but am assuming that since my letter was acknowledged the time scale is based on my 1st contact.

 

its good to know there is a wealth of support within this forum:)

It certainly is :)

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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  • 1 month later...

well long time no speak

 

sent my prelim letter claiming back charges of £1,737.98. on 09-08-06 got a letter back saying that they received letter in their specififc dept 15-08-09 and that they will get back to me within 4 weeks... not good enough I think! now the 14 days are nearly up and I am going to send the LBA without any further conversation with them or should I give them a further week if they reckon they only got the letter on the 15th? :confused:

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  • 3 weeks later...

Hi all

quick update

sent LBA offer of £260 made by halifax now received a default notice for £770

can they do this if they know i'm disputing the charges made?

 

HALIFAX BANK

DPA SENT 16/06/06

PRELIM REQUEST SENT 7/08/06 £1,737.98

LBA SENT 23/08/06 £1,947.98

OFFER MADE 30/08/06 £260

DEFAULT NOTICE SERVED 5/09/06

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just trying to fill in mcol now i have written the following

 

I have a contract with the defendant bank

since 01-04-99, conducted on their standard

terms and conditions. I am claiming return of money taken by the defendant in way of

charges over the last 6 years and interest

they have levied on the charges. The bank's

charges are a disproportionate penalty, therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts)

Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify charges but they have declined to do so.

The claimant also claims interest under

section 69 of the County Courts Act 1984 at

the rate of 8% a year from 1-06-00 to

1-09-06 of £1947.98 and interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of £0.00022

 

so if they bank are serving a default saying that I have not conducted the account appropriately and am in breach of the terms and conditions should i be panicking?? the bit at the top of the claim says the 'account

is conducted on their standard terms and conditions' bit concerned about this default business :(

 

 

HALIFAX BANK

Data Protection Act SENT 16/06/06

PRELIM REQUEST SENT 7/08/06 £1,737.98

LBA SENT 23/08/06 £1,947.98

OFFER MADE 30/08/06 £260

DEFAULT NOTICE SERVED 5/09/06

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I was under the impression that they couldn't default you whilst it was in dispute.

 

I'm sure one of the mods will correct me if I'm wrong....

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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The claimant also claims interest under

section 69 of the County Courts Act 1984 at

the rate of 8% a year from 1-06-00 to

1-09-06 of £1947.98 and interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of £0.00022

£1947 seems rather high. Is this your charges + 8% interest?

This figure should be the 8% interest on your charges as in the Simple s/s

The daily rate is just your charges X 0.000222 eg £495 x 0.00022= £0.11p

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  • 3 weeks later...

aargh

trying to work out my sums for mcol

total charges claiming £1,946

8% of that is 155.68 now do i multiply this by 6 (years which makes £9934.08??????????)

or do i submit my daily rate of 0.00022 which is £162.92?

 

useless at maths and completely flumoxed

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Hi Ruthie, deep breaths......

 

the 8% interest is charged from the date it was incurred, if it occured exactly one year ago it would obviously be 365 days. If the charge was £30, it would be (£30 x 0.00022) x 365 = £2.41

 

The easiest way to do this is using the simple excel spreadsheet, you just put in the date, the amount and it works the interest out for you.

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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aargh

trying to work out my sums for mcol

total charges claiming £1,946

8% of that is 155.68 now do i multiply this by 6 (years which makes £9934.08??????????)

or do i submit my daily rate of 0.00022 which is £162.92?

 

useless at maths and completely flumoxed

 

The 8% is applied by the spreadsheet in the templates, it calculates this based the number days since the charge was applied. You cannot simply add 8% to the added up total to date as this is the interest rate over the YEAR. Some charges may be older than a year (= more interest) and some less than a year (= less interest).

 

Have you used the spreadsheet provided on the site to produce your schedule of charges?

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well just sent mcol after finally finding the money!!

i need to send my schedule of charges to the court anyone know the address? i'm sure i saw it earlier and now i've lost the plot

blood pressure is now through the roof lets wait and see!!!!!!!!!!!!!

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Hi there, you don't send the schedule of charges to the courts unless you get to the AQ stage, then you need to supply more info about the case.

 

currently the halifax are not taking it to that stage though, and are settling after a week or so from acknowledging.

 

Good Luck!

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Ignore previous comment, It was based on a friends experience where the northhampton court actually sent the schedules back saying that they were not required at this time!

 

read the following post's which appear to be better informed - http://www.consumeractiongroup.co.uk/forum/halifax-bank/37257-sending-schedule-mcol.html

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congrats on yours though they made a quick decision there. hope mine will be the same

 

Cheers ruthieanne, still haven't actually received the cash yet though :mad:.

 

Considering ringing them and being arsey about the daily interest rate that they have 'forgotten' to add in, but really need them to pay up this week as am racking up more charges as we speak (the £250 MCOL fee has made the month VERY tight!).

 

Good Luck!

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Hi guys

quick update:mcol issued 11/10/06

acknowledged 13/10/06

not heard anything else.... it looks as though many have been settled within 7 days and now i'm getting panicky

has anyone recently had a long wait following acknowledgement?

:confused:

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