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    • Prices had already risen in expectation of action, with Brent crude near a six-month high last week.View the full article
    • Thanks everyone. Will speak with the manager first chance I get later today and let you know.
    • own topic created  tnx the info. dx  
    • this debt: MBNA Bank of Scotland Card debt- LInk got a CCJ - now want payment review - MBNA - Consumer Action Group and a barclaycard loan - did you ever send the a CCA in all these years.....when was it taken out?    
    • Welcome to the Forum. The PCN must be subject to Bye laws as the warning near the bottom of the PCN does not comply with the protection of Freedoms Act 2012 Schedule 4 Under Section 9 [2][f[] of the Act it should say: (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver ,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Their version states they are pursuing you as the driver [because of the Bye laws they cannot transfer the liability from the driver to the keeper] even though you are the keeper. Should it go to Court Judges do not accept that the driver and the keeper are the same person. Obviously on many occasions another member of the family may be driving instead of the keeper. Indeed anyone with a valid motor insurance policy is able to drive your car. if any of the three cars were not driven by the keeper they are not liable to pay the PCN only the driver is.  as long as they do not divulge who was driving those lovely people at Alliance haven't a hope of winning against them in Court. What a shame. However while those keepers who were not driving are in the clear all is not lost for the other keeper drivers. Alliance still have to prove who was driving which is difficult providing those keepers do not appeal.  It is quite often that on appeal the keeper may say "I entered the car park at....."  immediately giving away that they were the driver. Plus even if you appeal it won't be accepted as a] they lose £100 straight away and b] mostly all the major car parking companies are dishonest scrotes. In the meantime you will be on the receiving end of threatening letters from Alliance, unregulated debt collectors and fifth, sixth or even lower rated solicitors all trying to frighten the life out of you to cough up. They can all be safely ignored since if you don't contact any of them they don't know who was driving so have no information that the can use in Court to identify the driver. Some time in the future they may send you a Letter of Claim which must not be ignored. Just let us know and we will advise a suitable snotty letter to send them which will show that you are not afraid of them and are happy to turn up in court knowing that you will win. Sorry it was a bit long winded.  
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Burnside Vs Halifax

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The story so far then...


19th August: Sent SAR and received 51 pages of statemnts by 8th September.


10th September: Sent prelim and received reply on...


21st September: Saying, and I quote...


Customer Service Complaint


Dear Mr Burnside


I refer to your cardcash account and your letter dated 10th September


I was very sorry to hear that you have had cause to complain about the service that you have received recently.


In view of the nature of your complaint I have referred the matter to a Senior Customer Relations Manager within my Head Office who will now deal with you direct.


You will find enclosed a copy of our leaflet which tells you how we will handle your complaint


Your concerns will be dealt with as quickly as possible but if you need to speak to me in the meantime please telephone me on 0151 224 7541


Yours sincerely



Paula Hunter

Customer Care Manager



Next up: 25th September: Send LBA


Coupla questions now then...


1) When should I be issuing a claim with the court, and, where should I go to check what I should be doing in the next coupla weeks?


2) Is it likely Halifax will get nasty?


Ok, so that's 3 questions, nevermind :D Anyways, thanks for the help in advance people.

Halifax PLC

August 19th: Subject Access Request sent

September 10th: Preliminary sent

September 26th: Letter Before Action sent

Claim issued: 22nd October

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If you send the LBA 25th Sept then if no response by 9th Oct (14 days) file for court


the full procedure can be found here http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html


Each case seems to be different so you will have to wait and see


Best of luck

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  • 2 weeks later...

OK, had a reply from Halifax, offering £270~ for last 6 months charges. Yeah, right. Only problem now is I can't afford the £120 to file the claim, which I could've filed come Tuesday. Is there any help I can get with this from the court or elsewhere, bit stuck otherwise...

Halifax PLC

August 19th: Subject Access Request sent

September 10th: Preliminary sent

September 26th: Letter Before Action sent

Claim issued: 22nd October

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I am in same situation! I was offered £360, which I declined. I wrote giving them 7 days before issuing court action if charges aren't refunded in full, they just replied without further offer, but explaining that I can contact Financial Ombudsman! I don't have cash spare for court proceedings at present so am interested in any response!!! Thanks

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  • 3 weeks later...

Finally managed to pay the court fee. Went to do it on Monday and found they don't accept my card (sodding electron :p ), swo just had my mum over to put it on her card :D.


So, I know I have to send another schedule of charges to Halifax but is there anything else that needs doing while I wait? Can't believe this could finally be coming to an end.

Halifax PLC

August 19th: Subject Access Request sent

September 10th: Preliminary sent

September 26th: Letter Before Action sent

Claim issued: 22nd October

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Guest bluecloud

It depends on how you submitted the claim.


If you went to a County Court then you should have already submitted the schedule of charges with the N1. The Court will send everything to the Defendant (the bank). They will keep a copy on file and you should have received a notice from the Court telling you when the claim was filed, when it was deemed served and the claim reference number.


If you did via MCOL then you need to send a copy of the schedule of charges to the bank and to MCOL.


The address for MCOL is:


Moneyclaim Online

21-27 St Katherine's Street




Don't forget to include the MCOL reference on the schedule of charges.





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