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    • Hello dx100uk, After months of waiting for a response I finally got a reply and I must say it was the worst 4 months of my life the - fear of the unknown. So, they wrote back and said I was in the wrong BUT on this occasion they  would not take action but keep me on file for the next 12 months. It. was the biggest relief of my life a massive weight lifted -  I would like to thank you and the team for all your support
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    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
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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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      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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oliver vs halifax ***SETTLED IN FULL***


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ok where do i start??? in feb went into local branch to change my address, filled in the form and nothing ever happened. had kinda stopped using my acc and was using just my bussiness acc instead. so as nothing ever happened went back into my branch in may and asked why my address hadn't been changed!!!??? problem with our banks running several systems i was told fill out another form all will be fine! so filled out another form and bingo my pension that i had with them sent me a letter thought this is it all done. on 20th july nathan stone my pension manager called me to review my pension. 27th july pension review day came in i went when he tapped in my details i came up with mulitple addresses warning on his computer!!! it then clicked that still not had any statements from them. my acc was now over my overdraft limit due to me forgetting to cancel a direct debit strangley enough though it was only the bank charges that had sent me over the limit!!! explaineed that not been getting statements or letters he went and spoke to the manager and manager verbally agreed to refund my charges back to my acc and thios would than put it inside my limit. ok this is the good bit start of aug comes and Nathan Stone phones me and says they have shut your acc because of being over limit. went into branch and they bounced it back to head office saying nothing to do with us. filled a official compaint stating all of this and more and 4 weeks later got a reply that if you read between the lines that stated tough luck default to your credit score added it's all my fault that letter was from Nicola Don!!! First phoned my pension manager Nathan Stone from horsham branch to see what he said about the manager refunding my charges and he can't quite recall our conversation (now very upset thought that Nathan Stone was a nice guy!!!) phoned her up (nicola Don) on her direct dial number (01383 426825) and am afraid to say went round and round in circles which at that point had it refered to a senior customer relations manager. she kept banging on about the banking code of conduct to which i replied that they don;t stick to it with regards to there unfair bank charges (had been on this forum and was already to send letters!!!) to which she replies that halifax doesn't think that they are unfair and that is their final answer, i then said i would like to make an official complaint that i would like to reclaim these unfair charges. put phone down and kicked myself that i didn't just do it the letter way but was angry and upset by now!!! so then i got a letter thanking me for my letter (THERE WAS NO LETTER IS THIS A STANDAD LETTER BACK FROMN THEM!!!) saying that they will offer £883 refund in charges i've worked out that i'm owed £4100 ish from them as i haven't followed all proceedure on here any clues what to do next???

HALIFAX MONEY CLAIM ISS FOR £4k 26/10/06:mad:

 

Look out :eek:

 

Cap One

EGG

lloyds tsb!!!!

 

:cool:

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Hi Oliver

 

The letter does sound standard, and is most definitely them trying it on as always with a low offer. I know you've not followed the exact steps so far, but hopefully you've now read round the site and know whats needed now?

 

If not go to the FAQ's section and read the Step by Step instructions. I presume you have your statements already to work out the charges figure? There are spreadsheets in the Templates library for calculating the interest they owe you also.

 

When you're happy with the Schedule of Charges and have a final figure....

 

As I understand it the Prelim letter (again in the library) is all about giving them notice that you want your money back. If it does ever go to court (unlikely), it looks good that you gave them time to pay up. From the sound of your case, its already a good while since your phone call. If its 14 days I would consider moving on to the Letter Before Action stage now - you'll need to tweak the wording of the template a bit - this gives them another 14 days to get their act together before you file your claim with the court (and again makes you look a nice person to the court!).

 

Stick to the steps and follow the advice on this site and you should get your money back :) - out of curiosity have they not defaulted / closed this account down?

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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interest alone is £600 bored and sat and worked it out lets see if they wanna take it to court!!! gonna have a look through the forum but does any one know if halifax have apperared in a court yet???

HALIFAX MONEY CLAIM ISS FOR £4k 26/10/06:mad:

 

Look out :eek:

 

Cap One

EGG

lloyds tsb!!!!

 

:cool:

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No, but you still have to be prepared for them to do so.

..

.

 

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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Exciting Week. My Closed Bank Acc Is Now Open Again Nathan Stone And The Manager Of My Local Branch All Of A Sudden Remembered The Conversation That Took Place But This Co-insided With A Letter From Fsa Saying That I Had Logged A Complaint With Them (although No Action Was Taken Does Anyone No If This Would Have Cost Halifax Anything???!!!) On Same Day As Phone Call I Recieved A Letter Basically Telling Me As I Had Refused Their Generous Offer To Go Hang My Self Now Only One Day To Go Before I Can Go To Money Claim And Recover My Losses And Also Gain Some Interest!!!!

HALIFAX MONEY CLAIM ISS FOR £4k 26/10/06:mad:

 

Look out :eek:

 

Cap One

EGG

lloyds tsb!!!!

 

:cool:

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money claim being done and filed tomorrow got my time scale wrong all set to go though!!! sent suit to dry cleaners just in case!!!!

HALIFAX MONEY CLAIM ISS FOR £4k 26/10/06:mad:

 

Look out :eek:

 

Cap One

EGG

lloyds tsb!!!!

 

:cool:

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  • 2 weeks later...
  • 2 weeks later...

money claim has been acknowledged, will now wait and see what happens!?!?!

sounds silly but fairly nervous about it all!!!!

HALIFAX MONEY CLAIM ISS FOR £4k 26/10/06:mad:

 

Look out :eek:

 

Cap One

EGG

lloyds tsb!!!!

 

:cool:

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  • 2 weeks later...

money gone into my bank today!!!!!

no letter as yet sure that will come as soon as stop off my account donation on it's way.

no quibble about daily interest full amount up to today!!!!

i'm a very happy bunny!!!!

HALIFAX MONEY CLAIM ISS FOR £4k 26/10/06:mad:

 

Look out :eek:

 

Cap One

EGG

lloyds tsb!!!!

 

:cool:

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Well done!!

 

Enjoy it.

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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CONGRATULATIONS

 

latest scores.......

 

CAG users: 682 (at least)

Halifax: 0

..

.

 

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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