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    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Spam Getting to Grips with Halifax.


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Thanks Elsa :)

 

I did calm down eventually and rang the customer complaints desk.. they agreed that the situation was a tad stupid and rang the SAR team for me.

They told me that whenever requesting SAR or CA to make postal order out to HBOS Plc and that despite different contact addresses being given they end up in the same place i.e. the SAR team, so to send them both back in the same envelope.

 

She has also credited my bank account with a fiver to cover the cost of postage and phone call so thats a fiver off my overdraft at least.. ;)

 

As I said in my silly question thread in the Halifax forum I'm now looking for things to complain about to see if I can write off the balance...:p

 

The smile is back, and the paper bag lies dormant at the front door awaiting the next missive from the postman.

 

Spam.:)

 

( Elsa- been trying to rep you for the last couple of days advice but they won't let me...:( so consider yourself 'repped in public'.... THANK YOU :grin:)

Edited by Spamalot
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They say money talks......mine just keeps saying "Goodbye"

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Er, hello... Why are you even calling them? You've been more than reasonable in even sending it back to them with written instructions - if their monkeys can't even understand that, I can't understand why you're trying to mop their mess up. For me, this would be a case of waiting for the 40 day period from their receipt of your original request to pass, then I'd hit them with a S.A.R. non-compliance claim to force their compliance with it. They can't seriously expect a Judge to consider their behaviour as reasonable in this situation.

 

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Er, hello... Why are you even calling them? You've been more than reasonable in even sending it back to them with written instructions - if their monkeys can't even understand that, I can't understand why you're trying to mop their mess up. For me, this would be a case of waiting for the 40 day period from their receipt of your original request to pass, then I'd hit them with a S.A.R. non-compliance claim to force their compliance with it. They can't seriously expect a Judge to consider their behaviour as reasonable in this situation.

 

as car says you are making a rod for your own back

 

now you've started it though at least make sure you remind them that irrespective of the banking of the funds their "time " started way back

 

I know, I know...:oops: I still have trouble fighting the big boys and standing up for myself! I will be keeping an eye on the time they are due to respond though... the original requests I sent have the reg post bar codes on them from the first delivery so they are the ones I will be quoting when they go overdue...

 

Spam. :-)

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They say money talks......mine just keeps saying "Goodbye"

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( Elsa- been trying to rep you for the last couple of days advice but they won't let me...:Cry: so consider yourself 'repped in public'.... THANK YOU :grin:)

 

Awww..I just saw this, you are a sweetie! No thanks needed I get just as much support & friendship back :)

Just catching up as my OH was on holiday, so could only get on here for short periods without neglecting him too much! (Till the tennis started, which he likes, but it bores me to death, but at least I get some me time back LOL)

Plus building a duck house (unfortunately can't claim it on MY expenses) ready for the babies arriving on Sunday. No crispy duck jokes!

Take care,

Elsa xx

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  • 2 weeks later...

Hi Folks,

 

As a result of my SAR I have received a copy of the agreement ( which I already had) and a statement of account.

 

On the statement it shows exactly £100. worth of charges.

 

A £20 charge a £30 charge and a £50 charge with no explanation as to what these charges refer to.

 

I think the £20 refers to them not being able to collect the amount from my current account because I had exceeded my overdraft but as to the others who knows!

 

There was nothing about charges on the agreement so can anyone tell me if this is unlawful or not.. I do have a table of charges which was sent after the defaults. In fact I didn't receive it until March this year but that's the first I'd heard of them and also this is the first time that I knew charges had been added to the account..?

 

Thoughts anybody

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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Spam, I am just subbing as I was in exactly the same situation as you and they have taken me to court over it. They could not produce a default notice only a "style" default notice. I dont know where to turn either. They are asking me to accept the agreement is enforceable and withdraw my defence.

 

My interest calculations were wrong also by £8.00 per month. I thought a rate of interest was a prescribed term. See you learn something new every day.

 

Good luck

 

HH

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Morning Spammie :)

I think the £50 is a charge for Default Notice issue?

They should surely have detailed what the Charges are for, and included a key to any abbreviations. You should have got much more than that..screen shots of your customer records etc.

Just a thought...which SAR template did you use? This sounds more like a response to the Bank Charges template than the debt oriented letter...

Hope you're OK hun,

Elsa x

PS I'll be back on here as per usual on Monday morning, another holiday week for my OH has kept me busy..

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Thanks for the support Hammy... I shall subscribe to your thread and see if we can beat them together! :rolleyes:

Hi Elsa.. Welcome Back... hows the ducks? ;)

 

Back to business... thinking on it, the reply could have been to my CA request... It didn't actually say as far as I remember so I could have had a bit of a senior moment about that :oops:... I'll have a check.

 

I am a bit concerned though, because despite my bravado and saying I won't pay them because of the dodgy default etc. Thay haven't actually said that the agreement is terminated and I'm wondering If I'm not in as strong a position as I thought I was..:eek: There's been a lot of speculation on the dodgy default thread while you've been away and it's left me in a bit of a quandry over this one.

 

Anyhoo, I shall get my ten ton Halifax folder out and check the corres again..

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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Yeah I was catching up on the DN thread earlier. Trouble is, many people on here know more about it than the judge will!

 

The ducks are fine..but don't like rain!!!!

(They're not waterproof yet..usually its mother duck who passes on her own waterproofing oil to them, but they've only got me...:eek:)

 

Here they are...:)

 

duckscropped1.jpg

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Awww..I just saw this, you are a sweetie! No thanks needed I get just as much support & friendship back :)

Just catching up as my OH was on holiday, so could only get on here for short periods without neglecting him too much! (Till the tennis started, which he likes, but it bores me to death, but at least I get some me time back LOL)

Plus building a duck house (unfortunately can't claim it on MY expenses) ready for the babies arriving on Sunday. No crispy duck jokes!

Take care,

Elsa xx

 

people would be quakcers to even try!

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Keep it down you two... I've got pigeons hatching on my windowsill..:p

 

Just to get back to the matter in hand... It's true... I did have a senior moment and the Ca and statements were as a result of my CA request.:oops:

 

The £50 charge could be for either.. Default expired or Instruction of agency to collect balance and the £30 charge would appear to be for a Pre- Default notice.

 

Personally, I think £30 & £50 for a piece of paper to be sent second class to me is a mite expensive and they should think about changing their delivery service and paper suppliers.

 

Disgruntled Spam. :(

 

You can carry on now children. :p

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They say money talks......mine just keeps saying "Goodbye"

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  • 2 weeks later...

Nitty Gritty time..

 

Well, SAR reveals that interest has been suspended on the loan...not stopped.:( Therefore I'm beginning to feel that as they've been covering their tracks with arrears notices recently, HBOS may have been doing their homework and claiming an 'unlawful termination' after a dodgy default could prove to be a bit of a problem...

 

I suspect they will keep this up 'til the end of the 'term' so I don't think the prospects of getting this one written off are looking too good.

 

Anyhoo, all advice welcomed from the knowledgeable ones out there...and as per usual I will keep digging and delving:D

 

Spam. :)

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They say money talks......mine just keeps saying "Goodbye"

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Nitty Gritty time..

 

Well, SAR reveals that interest has been suspended on the loan...not stopped.:( Therefore I'm beginning to feel that as they've been covering their tracks with arrears notices recently,

do these have all the correct amounts on spam?

HBOS may have been doing their homework and claiming an 'unlawful termination' after a dodgy default could prove to be a bit of a problem...

bit of a conflab going on abt this here spam:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/208663-tale-dodgy-dn-further-28.html#post2345200

however, if u go back to x20s posts on the original thread he sorts that aspect out i believe. not easy to get ur head round but i think he basically states that even an unlawful termination can be allowed in law, therefore there are no grounds for further issuance of DNs, unless of course u agree to reinstate the contract.

 

I suspect they will keep this up 'til the end of the 'term' so I don't think the prospects of getting this one written off are looking too good.

comes down to the DJ on the day i spose, but u can only put the facts in front of them as best u can and hope u get a good one.

 

Anyhoo, all advice welcomed from the knowledgeable ones out there...and as per usual I will keep digging and delving:D

sorry abt the knowledgeable bit !!

Spam. :)

 

 

keep goin spam, gets a bit daunting on the run up to the hearing but its like a big match, all ok once u get under way...

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