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    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
    • urm......exactly what you filed .....read it carefully... it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue. you need to get readingthose threads i posted so you understand. then you'll know whats maybe next how to react or not and whats after that. 5-10 threads a day INHO. dont ever do anything without checking here 1st.
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David v Halifax **Settled in Full**


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Me and my partner have been paying charges to the Halifax since 2002. We have 3 accounts with them (2 individual and 1 joint) and I have calculated that over the last year we have paid over £1000 in charges on all three accounts. I do know that we used to pay 4 or 5 charges a month in the last 3 years if not more. I stumbled on this forum and I have checked the FAQ's and advice people have been given in other threads, and I am now sending my SAR - (Subject Access Request) request letters (with £10 included in each letter) today via recorded delivery, and I believe I should now pull my finger out and get back the money that I have paid!

 

I look forward to any advice and I will keep people posted, if anyone is interested.

 

I calculate that we are probably owed around the £4000-£5000 mark:eek: , not including interest!

 

If I have posted this incorrectly, I apologies.

 

David

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Just a note and it is personal choice.

 

when you send something recorded delivery, it is just treated exactly the same as a normal first class letter. IE sorted and then taken out for delivery where the postie gets a signature. They do get lost.

 

Special delivery, while £4.10 I believe, is tracked from the post office to the point of delivery.

 

IE

Accepted at Post Office

Accepted from Post Office By Postman

Received and sorting

On Road

Recevie by delivery office

Received by Postman

Delivered

 

If its as much as you hope, I would defo pay the extra

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Thanks for that, I should have known really, we sent a 2 letters to GE Money home lending, both were signed for, but surprise surprise, they could not 'find' our letters.

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STOP!

 

You don't need to send 3 DPA letters and 3x£10 if you've got three accounts with the same bank. The clue is in the name; "subject" access request - it's a request for all information that they hold about you (the subject), not individual accounts.

 

You just need to put all the account numbers on the one letter.

 

Honest!

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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Can't stop!

Sorry letters gone!

 

I can claim the £10's back (hopefully)?, it will be worth £30 just to get MY money back.

 

Thanks for your help.

 

David

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With any luck, they either won't charge you at all (it's some banks policy not to charge) or realise the cockup and refund £20.

 

As you say though, you're claiming a chunk of cash so the "lost" £20 will still be worth it.

 

Good luck!

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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I have just been up into my attic, and I have actually found every single bank statement for all 3 accounts, from the first day we opened them! (I am so glad I invested in a filing cabinet!)

 

The total amount of charges we have paid altogether is £3130, not including interest.

 

I had sent the DPA letters yesterday, shall I wait for a response (40 days) or send a Pre-lim letter today asking for the money back (14 days to comply etc) including interest?:???:

 

Look forward to any replies

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Thanks is does help. It is only charges on the account for the last 4 years. I will get my letter sent tomorrow, Special delivery for each account.

 

Thanks for your help.

 

I will keep you posted!

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Still not sure you need 3 seperate letters... This could get well confusing, you're going to get 3 lots of replies, followed by 3 LBA letters and if you take it to a logical conclusion, 3 lots of court fees. If you did file 3 seperare claims, the Halifax would ask the court to merge them, so you'd be no better off.

 

If I was you (and I am so *not*), I'd merge these at the earliest opportunity.

 

 

Good luck to you!

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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Thanks, letters re-opened and I will put 3 account details, and one lot of money in one letter!

 

Where can I find the interest calculator?

 

Thanks again

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I have found the interest calculator!

 

Do I include the interest amount on my pre-lim letter or not, is this only done when filing the N1 CC form?

 

Thanks for your help.

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I have found the interest calculator!

 

Do I include the interest amount on my pre-lim letter or not, is this only done when filing the N1 CC form?

 

Thanks for your help.

Use the second (enhanced) spreadsheet to calculate the interest that was deducted from your account due to these charges - this is claimable from the beginning. It will also calculate the 8% interest (due to loss of access to the moneys claimed), but this doesn't get claimed until you file your N1/Moneyclaim.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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I have just had another thought, do I need to send a copy of every charge that I have been charged?

You can send a copy of the spreadsheet (excluding the 8% interest) to show the breakdown of what you are claiming.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Just to be sure, what is the £547? If it is the 8% (s.69) interest, you can't claim this until you get to the County Court stage, though you can make them aware of this value.

 

If the £547 is overdraft interest accrued solely because of the unlawful charges - include it in your initial, preliminary claim.

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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  • 2 weeks later...

Hello,

 

I had only 1 reply back for 1 account. Standard letter I would say.

 

It states that ' I will investigate your concerns as quickly as possible and contact you as soon as I can' etc. It is signed Penny Entwistle.

 

Should I send a LBA letter, or leave it untill they contact me back?

 

I have not recieved any replies on my other 2 accounts, as 14 days have gone by I will be sending them a LBA letter tommorow.

 

Look forward to any replies.

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If the 14 days are up and the money isn't nestled snug in your account then send the LBA. Don't wait for their frankly ridiculous 8 weeks to investigate.

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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