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    • Hi i have attachd photos and the letter also there are 18 questions   1.Do you uderstand the caution? "you do not have to say(or write), anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court, anyrthing you do say may be given in evidence.   2. please sate your full name and address   what is your occupation and how long have you held this position.   what is the name of your employer the company you own?   3. please give your full account of how waste that contained correspondence addressed to you was found to be fly tipped material depositiied it then shows a map.   4. did you produce the controlled waste, shown in KM2 - KM6 below, deposited on the named road.   KM2 I have never seen before in my life KM3 is not a clear picture i cannot say i recognise or dont recognise these objects.   5. if not, do you no who produced the waste shown in photographs KM2 - KM6 depositied ---- if so please state there name and address.     6. did you deposit the waste, shown in photographs.   7. if the awnser is yes to question 6, please state why and the date you depositied the waste.   8.if the awnser was yes to question 6, did you ask permission to deposit the waste there? if so please give details of person or company.   9. if you did not depsoit the waste shown in photographs KM2 - KM6, depositied (name of road) do you know who did? please state name, address.   10. have you organised or paid to have any waste removed?   11. if the awnser to question 10 is yes, do you recognise any of this waste in photographs KM2 - KM6 pkease state photograph numbers.   12. if you asked or employed a third party to remove or organise and manage removal of waste, please state details name address etc. as well as a written agreement.   13. if you trannsgerred waste to a third party please state on what date, how i found the individuals and when i contacted them.   14. if you did employ or ask someone to remove the waste produced by you, did you check to see if they were a licensed waste carrier with the enviroment agency.   15. if you transferred waste to a third party describe the vechile used to transport the waste away.   16 uf you transferred waste to a third party please describe the persons involved.   17. did you do everything you now believe to be reasonable actions in the circumstances to make sure that any waste produced by you was transferred to a authorised person or registered waste carrier? please list actions taken, what else could you have done to check?   18. is there anything else you wish to add.     I have trid to upload files direct to this website but it said error 200   https://docdro.id/gnI3oBJ   https://docdro.id/BsMEPgn   https://docdro.id/i70Eu9U   https://docdro.id/gOhhUVe   Sorry i pressed something my keyboard and it sent
    • Thank you for that. I can't see any photos though, maybe you're working on that.   HB
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Hi all,

Have a joint overdraft with the Halifax which now stands at £2900. Around £1900 of this is due to charges. We have subject access requested them but only receaved copy statements. We have written several times but letters requesting a copy of our credit agreement keep getting ignored. We have also filed for the fees back under hardship rules but all we got was an offer of £28 if we signed an exceptance form that said this was for full and final settlement of our charges claim. Subsequent letters told us if we didn't like it to complain to the ombudsman.

This account is around 13 years old and despite paying £50 a month for the last year Halifax are now saying our arrangement plan is over and we must pay the full balance.

Needless to say we are not in a position to do this.

Does anyone know the rules covering an overdraft facility and subject access requests?

Do we have to keep on paying till the balance is clear and then claim back our money when the house of lords business gets sorted?

If we left this and forced Halifax to take us to court could we apply for a stay on judgement due to the high level of bank changes?

All help, hints, links or just moral support appreciated.

We do not currently have any priority debts but can proove hardship.

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Hi,

While I'm not up on bank charges, I do believe you won't have a credit agreement because they are for loans and credit cards. There should be paperwork from when you opened the account and/or applied for the overdraft.

 

If you think you are missing paperwork from your SAR, write to them giving them a time limit to supply.

 

Complain to the Information Commissioner [you can do this online]

 

Reject the offer and carry on with the demand for refund. Have you shown them that you are in financial hardship?

 

If they refuse, complain to the OFT, Trading Standards and the Financial Ombudsman. You could always copy in your MP.

The OFT don't take on individual cases but collate all complaints and when they have enough, they investigate.

 

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Hi all,

Have a joint overdraft with the Halifax which now stands at £2900. Around £1900 of this is due to charges. We have subject access requested them but only receaved copy statements. We have written several times but letters requesting a copy of our credit agreement keep getting ignored. We have also filed for the fees back under hardship rules but all we got was an offer of £28 if we signed an exceptance form that said this was for full and final settlement of our charges claim.

To clarify that is only of the hardship part of the claim and not the full claim since that is still reclaimable.

Subsequent letters told us if we didn't like it to complain to the ombudsman.

This account is around 13 years old and despite paying £50 a month for the last year Halifax are now saying our arrangement plan is over and we must pay the full balance.

If this is on the current account then I think it is reasonable for you to argue that you have been acknowledged as being in hardship and that you can repay token payments until the conclusion of the OFT test case issues and can formally put into place payment arrangements.

Needless to say we are not in a position to do this.

Does anyone know the rules covering an overdraft facility and subject access requests?

Do we have to keep on paying till the balance is clear and then claim back our money when the house of lords business gets sorted?

House of Lords is the first part of a two part OFT Test case and will not change the issue of refunds yet.

If we left this and forced Halifax to take us to court could we apply for a stay on judgement due to the high level of bank changes?

If you forced Halifax to take you to court, you would have a strong counterclaim on the bank charges

All help, hints, links or just moral support appreciated.

We do not currently have any priority debts but can proove hardship.

 

If there are no priority debts then I would agree with Halifax however, I would take the case to the FOS on the basis of the payment plan arrangements and the fact that they have acknowledged the fact that you are struggling with your finances since they offered an interim payout of £28.00.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Thanks for your help.

I am still unclear about exactly what I am asking for that wasn't supplied in my subject access request.

I clearly asked for a true copy of the regulated agreement as per the template letters on this site but if this account isn't subject to the 1974 consumer credit act they have complied.

Do I have to issue another sar and if so do how should I phrase this request?

Maybe something on these lines:

 

Please supply all documents relavent to this agreement that show:

a) Alleged terms and conditions that were agreed to as stated.

b) That both parties in this case are liable

c) The extent of each parties liability and to which party the burden of the debt falls to first or how you work our joint liability in reference to joint account.

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