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    • They will be at my friends house, I put all her paperwork in a file for her to keep safe.  They were sent direct to her in January 2023, just after the case was struck out looking at my past posts.  Guess the website went down last night? 
    • Good afternoon Stu. Many thanks for taking a look at my defence pdf and giving it the ok.   On the claim form Question 3 they ticked yes   'are you the claimant asking for an order that the defendant pay the cost of the claim?' . So it looks i can only hope the judge sympathises with my appalling treatment by the landlord and their agent.   As i previously said i was so desperate to find a place due to my previous eviction 7 months ago, i took something that i was not entirely happy with. If you look at the pics on my attached pdf, you can see masses of weeds at the front, side and rear garden, the back grass needs professional equipment to cut it, countless dead insects on many places including the kitchen window, same with the disgusting cobwebs. Regarding the garden The girl told me she would talk to the landlord but nothing was ever done, i have not touched the garden and its still in the same mess except there is lots of dead grass. I thought all agencies would get a cleaner in before a new tenant moves in but it seems the landlord was too tight to get this done. I was left with no option but me and my daughter to clean this up. Stu do you think its worth making the judge aware aware of the mess i faced when i moved into this house? pics of poor condition.pdf
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    • Hi Lookinforinfo Thank you for your words of encouragement re the mortgage. But sadly we have no pension to fall back on, we have always been self employed and never in the position to put extra money away into pension. But we are dealing with that. We are not in arrears but trapped by a dormant lender! Anyway yes there were 2 seperate NTK, date of infringement on one was 23/4/21 for my parents and the other was 28/4/21 to my husbandm (this is the one that was discontiunued). They were both issued on 26/5/21, well after the 14 days. Please see my parents NTK questionnaire below, I have uploaded this and pictures previously on this post. But if you look at the detail, this is why I say they are more or less identical in every way. Apart from I think my parents were in there for a minute less than my husbands car.  They entered at 16.58 and exited and 17.15. I am waiting to see my parents this evening to get the court notice to allocation for her one in August 2024. Ill upload that as soon as I can Many thanks   1 Date of the infringement 23/4/21 2 Date on the NTK 26/5/2021  3 Date received 1/6/2021 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] NO - I cant see it anywhere 5 Is there any photographic evidence of the event? yes  2 x pictures, 1 entering and 1 exiting  6 Have you appealed? [Y/N?] post up your appeal] no 7 Who is the parking company? Parking Eye 8. Where exactly [carpark name and town] Kenwood House, Tunbridge Wells For either option, does it say which appeals body they operate under. BPA
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Halifax pulling a fast one??


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Several months ago I cca'd the Halifax for my credit card account which I applied for over the phone. They could not produce a credit agreement (because they never sent me one to sign when I opened the account). So after lots of letters back and forth I complained to the FOS. I have now received a letter from the FOS, with copies of letters sent by Halifax to my old address!!

 

The letter from Halifax states that I am incorrect in saying that the creditor must produce a 'true signed copy' of the original agreement. They say that the requirement under section 78 is to produce a 'true copy'. Case law has made clear that this does not have to be an exact copy of the signed agreement but must contain 'every material provision' as stated in Burchell v Thompson (1920). There is no requirement for the true copy to be signed as the signature, signature box and date of signature are specifically excluded from being required in the copy section 3(2)b of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

They have sent me a copy of a document which states Credit Card Agreement Regulated by the ConsumerCrdit Act 1974.

 

The problem with their 'credit agreement' which they allegedly sent me at the time is that the 'agreement' has got my new address on! I only moved 4 months ago and I took the credit card out about 2 years ago!! So they've obviously just made it up!!! It is not signed or dated by me. And it is not signed by a representative of Halifax.

 

I would be so grateful if someone could offer me some advice. I am struggling as what to do now. The Halifax are fighting this one and the FOS aren't being much help to be honest.

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Hi Takeit,

 

If you could scan and post the agreement, remembering to remove your personal details, that would be a great help. Some how I don't think that this will be enforceable :)

 

Lex

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Hi

 

Sorry I don't have a scanner. The actual agreement looks ok but the fact that they have made it up by putting my current address instead of my address at the time really is a stupid mistake on their part.

 

I have emailed the FOS to let them know but have had no reply. I am now getting telephone calls from the Halifax demanding payment. I have just had a call from a lady who wasn't interested in the fact that the account is in dispute and just kept asking when I would be paying the account. She told me that if I didn't pay the account up to date she they would register a default and then take me to court.

 

The FOS aren't being much help here so I don't know what to do.

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You should call the FOS and log a complaint.They will take basic details and allocate you a reference number.

Following this they will send you a form to fill in and they write to Halifax telling them to give you a response.

You should keep things in writing with Halifa

I suggest calling the FOS on Monday morning.

 

In order to prove dispute status you will need to show it.

keep copies of everything between you and Halifax which can show they are acting outside their remit.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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