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    • Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
    • I have received an email in the last 10 minutes 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024  It also includes a "Notice of Hearing" stating that the application hearing will take place on 13th June at 10.00am.  Confused as to whether I need to attend this ?
    • I've received this notice to keeper. I work for the NHS and was delayed due to patient care. I park here regular and and have never had any issues. I've looked at the evidence on the portal and other than showing that i entered at 12.59.33 and departed at 17:14:14 it doesn't state how long i overstayed for. I paid for 4 hours parking over the phone which i wont have done till i got parked but as its over the phone i have no receipt or record but it is not possible for me to have been in excess of 15mins from the photos alone but I'm unsure having read other threads whether grace periods are 10 or 15 minutes. I havent appealed yet but and was about to but in appealing i'm showing i'm the driver which i gather is something you state we must never do. I don't like confrontation but £60 seems extortionate. Hope you can help. 🤞 1 Date of the infringement 30th May 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 30th May 2024 [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s 3 Date received 5th June 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No reference to schedule 4 just says"...we the creditor reserve the right to recover unpaid parking charges from the registered keeper in accordance with POFA 2012." 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up NA 7 Who is the parking company? Carpark securities 8. Where exactly [carpark name and town] Northgate, Halifax Former Dews Car Park HX1 1XJ For either option, does it say which appeals body they operate under. IAS There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   Notice to Keeper.pdf
    • It never seems to amaze me how the chuckleheads think that No Stopping can ever offer a contract when it is prohibitory. In any case you did not accept the contract by entering the land, you entered the land to get to the airport for goodness sake. In most car parks there is a Consideration period that allows motorists to decide whether they want to stay in the car park . Here on a road, there is no consideration period and whether the motorist finds the terms agreeable or not even assuming that they are able to understand that they are being hoodwinked into believing they are being offered a  contract they cannot turn back. They have a plane to catch and even if they did turn back because they didn't accept the  No Stopping term of   the so called contract they would still have had to stop to turn around. Plus there is a question of Frustration of Contract. You had to stop at a pedestrian crossing .    
    • Just a couple paragraphs their WS that it might be useful to refer to specifically in the OP's WS... Para 6 A contract was formed with "the driver" of the vehicle. Para 8 "The driver" accepted the contract. (The "driver" is not named, or identified anywhere in the WS). Para 7 WHY would there ever be a "no stopping" restriction in a car park? (In Para 10, they specify that it is a "car park"). Para 11 "The Defendant" became liable." Again, they have not shown that the Defendant was "the driver", simply the keeper. Para 20 "It is a matter of agreement"? Not really sure what they're trying to say here...
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Please help me solve my Halifax Hell


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ok received a letter today from blair oliver & scott basically saying that they are still acting as agents for halifax and that i have to pay the full amount.

 

I will be ringing them and telling them that i will not be paying in full and that i will not be making an arrangement to pay either as i will only deal with halifax bank.

 

Any advice would be grateful

 

 

ok update, spoken to the debt collectors, argued with them, they was blah blah blah terms and conditions of the bank and that it has been passed over to them and that i must pay them. I tried to explain that as i willl be taking the bank to court to claim charges back, the bank would be paying me the money that the debt collectors want me to pay them, so they can give it back to the bank.

 

The DC are adamant that i have to pay them, now halifax want my overdraft back too, i am tempted just to go straight to the court claim and not bother with the LBA.

:p :p :pCARMEN :p :p :p

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Hi KYDCARMAN.

 

I have'nt read the whole thread as i was just about to log off and you seem desparate.When you asked for your charges back the account was in dispute.When an account is in dispute it can not be handed over to a collection agency until the dispute is sorted out.The Halifax have handed or sold off your debt to that agency when clearly they should have solved your problem with charges first.This would have sorted out your account and you would'nt have this hassle now.Here is some information you could put into a letter in the morning to try and resolve this.FSA is the Financial Services Authority.

Here is a link to the banking code in full.It will help you.

 

http://www.bankingcode.org.uk/pdfdoc...ING%20CODE.pdf

 

Check this briefing note.

 

Briefing Note BN 023/06

4 July 2006

 

FSA position on account closures and default charges

 

Generally, under FSA rules on dispute resolution and complaints, we would not expect any regulated firm to discriminate against a customer who makes a complaint.

 

However the relationship between a bank and its account holders, including the circumstances and manner in which accounts are closed, is governed by the Banking Code.

 

If you search this site for the letters about disputes you should be able to type out something warning them about the banking code they are breaking.

 

Sorry i can't stay any longer and search this for you as i am at work still.

 

Hope this helps..

 

Ukaviator

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WARNING TO ALL

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Thank you for your help, but it may seem that this is gonna be more complicated. I sent the prelim letter via recorded delivery on the 5th sept and obvisously they received on the 6th, now the letter i received from the hbos stating that they had pasted my account over to a debt collectors is dated the 6th. Now i know that they will state that they never received it in time or that it was sent to the wrong department.

 

The problem i have got is where i stand in the middle of all this!!!!

I think i shall be calling the debt collectors tomorrow to ask them for an exact date when halifax passed my account to them and then take it from there.

:p :p :pCARMEN :p :p :p

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Ok update, halifax passed over the account on the 12th Sept, so in theory they are in breach of the banking code. Best write them a letter to remind them of this and also send the LBA letter along with it.

 

Anyone got a link to the specific part of the banking code that i need as i have tried the link above that ukaviator gave but nothing. I have also looked at the banking code brochure and website but found nothing. Help with the letter would be appreciated.

:p :p :pCARMEN :p :p :p

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Thanks karnevil and again i am sorry that i had to pm you. I have sent the debt collectors a letter telling them that the account is in dispute but they won't listen to me and say that halifax will no longer deal with me. This is the problem that i have at the moment.

:p :p :pCARMEN :p :p :p

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If they don't listen to you, then you shouldn't listen to them. Direct all your correspondences to the Halifax and refuse to discuss the issue with Blair.O'.S'.

 

Send the LBA to Halifax if you haven't already - DO NOT MISS THIS STEP, you will do great harm to your case if you rush off to court.

..

.

 

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.

 

 

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I think Blair oliver and Scott are part of HBOS - perhaps thats why they are being such a pain and refusing to hand it back to Halifax?

Nikkiandmidgets Vs BOS (3) - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Capital One (2) - S.A.R sent 11/09/06, Prelims sent 20/10/06, LBA's sent 16/11/06

 

Nikkiandmidgets Vs Citi credit card - S.A.R sent 11/09/06, Prelim sent 9/10/06, LBA sent 28/10/06

 

Nikkiandmidgets Vs Halifax - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Egg (4) - S.A.R. sent 20/10/06

 

Nikkiandmidget Vs Littlewoods (3) - S.A.R sent 20/10/06

 

Nikkiandmidgets Vs Blackhorse - Prelim sent 20/10/06 requesting £125 charges to be refunded. LBA sent 16/11/06.

 

Nikkiandmidgets Vs Welcome Finance (Macadam Finance) - S.A.R and C.C.A request sent 20/10/06

 

My Mum Vs Halifax - S.A.R sent 11/09/06

My Mum Vs Capital One - S.A.R sent 20/10/06

My Mum Vs Citi - S.A.R sent 20/10/06

My Mum Vs SLC - S.A.R and C.C.A sent 09/10/06

 

Husband Vs BOS (3) - S.A.R sent 20/10/06

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Hi Kydkarman.

Here is the website for the banking code.

 

Banking Code Standards Board

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi,

I am also not using my account...its a joint one with an ex boyfriend who is failing to pay it off as agreed...they have said to me that they can "freeze" my account which will stop any further charges and then only interest will be added...

Maybe u could ask them to do this? Or if ur stuck u could apply for an emergency loan (interest free) from the benefits agency and use the money to get the account to a place where u can manage it till u get ur money back? Good luck,x

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Ok posted LBA letter off, just gonna ignore Blair.O.S, only have 2 weeks to wait and then off to court.......i think i am gonna need your help jonni2bad as i have a default to remove too.....lol

 

Anyway at least my other claim is settled...lol

 

Hi Kydcarmen, i think we are at almost the same stage with regard to claiming from HBOS. Though they havent defaulted my account and put it into the hands of debt collectiors yet! (that i know of anyway) So its a bit more simpler and straightforward for me.

 

http://www.consumeractiongroup.co.uk/forum/scotland/21041-so-begins-me-bos.html

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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Hi cj, I'm glad to hear that your case is simpler than mine, coz i wouldn't wish my situation on anyone....lol.....i see it like this, i have nothing to lose and will take it all the way if i have to. I expect i will have to take them to court to get the default removed, just waiting to see what happens with jonni2bads case.

:p :p :pCARMEN :p :p :p

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  • 2 weeks later...

Something along these lines...............

 

****************************************************

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act (1977) and at Common Law.

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

b) the removal of any prejudicial information which the Defendant bank may have passed to third parties in relation to the Account and in particular the removal of the Default Notice registered with any credit reference agency which was notified to the Claimant on or around [date], since this was caused solely by the level of disproportionate penalty charges. The Claimant’s request is made under the Data Protection Act 1998, section 14, which gives the power to the Court to order the removal of inaccurate personal data.

c) Court costs;

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

……………………………………………………………………………………………….

NOTES ON ABOVE - Not to be included in the Particulars of claim

1. Enter account number

2.Enter date(s) of account opening and, if necessary, account closure.

3. Enter sum for charges total

Section 1 - “[has] [had] an account” - remove the unwanted option

Section 2 - “the Account [has been] [was] operating” - remove unwanted option

Section 5 - [date] Enter date that you were made aware of the default notice.

..

.

 

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.

 

 

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ok thanks jonni2bad. This is what i have put, kinda copied it from the particulars of claim.

 

I am claiming the return of money taken by the defendant in the way of charges over the last 7 years and 3 months plus the interest they have levied on those charges. Also the removal of any prejudicial information which the Defendant bank may have passed to third parties in relation to the Account and in particular the removal of the Default Notice registered with any credit reference agency.

 

Do you think that is ok?

:p :p :pCARMEN :p :p :p

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Suits you...... :-)

..

.

 

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.

 

 

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Ok, just put in my N1 form at court, but it seems that i have a problem. I have just found out that the LBA letter to Halifax bank which i sent via recorded delivery, has not been delivered and therefore royalmail declare it as lost. So just wondering were I stand now, will halifax have grounds to fight this in court as they never received notice of court action or shall I just re-send the LBA letter stating that the original has been lost by royal mail and that I have now put in court claim?

 

Any help would be appreciated

:p :p :pCARMEN :p :p :p

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Recorded delivery is pants and I never advise people to use it. The slip that you retain is for proof of postage too - this will be enough for the Court.

 

Recorded delivery items sent 'in bulk' to large organisations are never signed for. Instead, the post office tends to issue a general bulk update as being delivered, but just because this item was not part of one, it doesn't actually mean it didn't arrive.

 

A FREE Certificate of Postage is much better, not least because of the FREE part, but also this acts as proof for court and you don't end up worrying about something later described as 'lost'.

 

You'll know next time :-)

..

.

 

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.

 

 

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Ok not sure if I need to start a new thread or not but here goes......I have a joint account that I had with my ex with halifax bank. Now I have not been able to get my name taken off the account as of yet as it is overdrawn. I haven't had access to this account since we split up in feb this year. Halifax keep sending me letters asking me to pay this back and now I have been told that on the 23rd October they are registering a default on me (yes another one) they have already given me a default from my studdent account.

 

Can anyone help me with my next step to stop them from registering a default on me before they actually register it. I have tried (god knows how many times) to explain to them that the account is nothing to do to with me and hasn't been for 8 months but halifax being halifax just don't want to listen.

 

I tried the s.10 letter with my other halifax account and they stated it wasn't relevant, so i'm stuck as to what to do now.

 

I know this is jonni2bads area of expertise....lol....but any help is appreciated

:p :p :pCARMEN :p :p :p

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You need to write to their legal department and state that the debt on that account is formally disputed. This should be enough to prevent them from continuing with the action, although they (being borderline useless sometimes) might still proceed. If that happens then you would have good reason to force the removal through a court action.

 

You should explain the circumstances surrounding this account in the same letter.

 

HBOS

Legal Services - Retail Division

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

Send it SPECIAL delivery

..

.

 

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.

 

 

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Hey jonni, I will be sending this letter to the legal department and was just wondering if you thought there was anything that I had missed out?

 

Should I send a s.10 letter too?

 

 

 

Dear Sir/Madam

I am writing to you concerning the letter I received dated 9th October 06. The letter states that a Default Notice has been issued to me concerning the above account.

 

I would like to inform you that I have not had access to this account since November 05. Although this is a joint account, I am no longer Mr xxxxxxxx partner and have not been for the past 9 months. I have not been able to take my name off the account, as Mr.xxxxxx will not sign the requested form. On many occasion I had contacted the bank to inform them of the fact but you still insist that as my name is on the account that I am still liable for the debt. The debt is not mine but Mr. xxxxxx and I should not be expected to clear this debt or receive a Default Notice, as myself did not incur the debt.

 

I would like to inform you that if you do not remove the Default Notice issued against me for this account that I will take legal action against you to remove it.

:p :p :pCARMEN :p :p :p

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