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    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
    • You can counter a Judges's question on why you didn't respond by pointing out that any company that charges you with stopping at a zebra crossing is likely to be of a criminal mentality and so unlikely to cancel the PCN plus you didn't want to give away any knowledge you had at that time that could allow them to counteract your claim if it went to Court. There are many ways in which you can see off their stupid claim-you will see them in other threads  where our members have been caught by Met at other airports as well as Bristol.  Time and again they take motorists to Court for "NO Stopping" apparently completely forgetting that the have lost doing that because no stopping is prohibitory and cannot form a contract. Yet they keep on issuing PCNs because so many people just pay up . Crazy . You can see what chuckleheads they are when you read their Claim form which is pursuing you as the driver or the keeper. they don't seem to understand that on airport land because of the Bye laws, the keeper is never liable.   
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    • Hello,

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TimsGirlfriend V's Halifax


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After reading through the web site I have now decided that I will post my letter requesting my bank statements tomorrow. The only thing I cannot seem to find is when you write to head office to ask for bank statements do you send the letter via registered delivery and if you write a cheque for the £10 cost is it just made payable to Halifax? I'm sorry to ask but my brain is aching and my eyes bleeding from trying to get my head round all this information.

Thanks in anticipation :)

S.A.R - (Subject Access Request) sent 2/11/06

Statements Received 02/12/06

Prelim sent 25/01/2007

LBA sent 09/02/2007

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  • 2 weeks later...

I have sent off my SAR today requesting my statements. I take it you do NOT include the weekends in the 40 day deadline? I did say it was a stupid question lol :wink:

S.A.R - (Subject Access Request) sent 2/11/06

Statements Received 02/12/06

Prelim sent 25/01/2007

LBA sent 09/02/2007

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40days in total

 

regardless of weekends, holidays, daytrips, or even tims birthday...

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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40 calender days, not working days.

Regards

 

 

S

 

 

Halifax PLC - £607 - SETTLED IN FULL

Halifax Card Services - £1142 - SETTLED IN FULL

 

MBNA Europe - £842 - SETTLED IN FULL + INTEREST!

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Thanks for the answer, I really was not too sure. I have gotten my head around most of this process but its the silly things I'm not sure about! :D

S.A.R - (Subject Access Request) sent 2/11/06

Statements Received 02/12/06

Prelim sent 25/01/2007

LBA sent 09/02/2007

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Hello, Tim'sgirlfriend, I know exactly what you mean, took me ages to find out the simplest stuff like the 40 days, but just keep going, if someone asks a daft question there'll be quite a few releaved you did.

 

We are all in the same boat, at different places but we know where you're at, coming from, just keep reading, that's the empowering bit.

Saxon

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  • 2 weeks later...

Just a quick update. Halifax received my SAR and have ackowledged receipt. They have said they will send my bank statements by the 18th December and today they cashed my cheque so I am well and truly underway.

S.A.R - (Subject Access Request) sent 2/11/06

Statements Received 02/12/06

Prelim sent 25/01/2007

LBA sent 09/02/2007

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Hi,

It sounds like we are neck and neck, im due mine on the 15th December, and cheque cashed today. I will keep an eye on ur thread to see how u get on.

Good luck :)

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  • 2 weeks later...

I had a nice little letter rom the Halifax today telling me my statements had been ordered and I should receive them shortly. The thing I am wondering about is I know I am supposed to send the LBA when I have been through the statements however with Christmas coming up I am unsure as to whether to do this before Christmas or wait until the New Year when it will be easier to deal with in regards to dates, deadlines and having to file at the court. What would you guys do?? How are you getting on Seaside? Anything through your end yet?

S.A.R - (Subject Access Request) sent 2/11/06

Statements Received 02/12/06

Prelim sent 25/01/2007

LBA sent 09/02/2007

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I got the same letter as u yesterday. And some one told me that we shud get the statements nornmally a couple of days after the letter, (fingers crossed)

But from everything i have read i think we still stick to our time line, regardless of the holidays. If you hear any different then we will do as advised.

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Hi! Just read through your post and I add things differently!

Firstly if your SAR was sent on Nov 2nd allow two days for postage then 40 days. I make that December 14th. I know what Halifax said and it's only four days. BUT you're doing this on your timetable - not theirs!

 

After receiving your statements go mental with a highlighter then put them all into the relevant spread sheet. (If it's bog standard failed DD's etc use the 'simple' one. Then send the prelim with a copy of your charges AND NO INTEREST (that comes at court) then 14 days plus postage after that send the LBA with the same schedule of charges. 14 days after that file on line. After that send copies of charges and interest but that's not important at the moment.

I know the festive period can be busy but lets face it - once the spreadsheet is filled in it's two letters and an online form to fill in!

Keep at them, the letters make no difference between weekends, holidays etc. 14 days is what they get and that's it.

Hope I've helped

 

A D

  • Haha 2

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

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Hi seaside, good to see you. It does make more sense to stick to the original dates and at least then it will be over and done with by around the end of January. Thanks for the tips AD, and your right it is just two more letters and then the court thing after all. I will post again when I have a total of charges. I really haven't got a clue how much I have paid them over the last few years, am hoping for a nice little lum sum to start the new year off!!

S.A.R - (Subject Access Request) sent 2/11/06

Statements Received 02/12/06

Prelim sent 25/01/2007

LBA sent 09/02/2007

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That's the attitude. We're in charge of them on this one, and boy do they know it!

As for the MCOL, I told someone else today you can go to the website and practice! You can actually do your proper claim in advance and save it, that way you can do bits at a time and if your unsure come back here and find out.

It's a doddle!! (ish)

Bet your in for a surprise when you look at the totals at the bottom of the spreadsheet!

 

A D

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

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I did say it was a stupid question lol :wink:

 

If your the girlfriend of the tim I know, I would not have expected anything else :)

 

Just to add, even though you have said 14 days to them, you wont have lost anything by allowing them 16etc. With Xmas coming up, you will probably be busy

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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I'm not going to file a MCOL but am going to file at the court in person as I have read on other threads that as I am in receipt of tax credits that I will not have to pay any charges to bring the case.

S.A.R - (Subject Access Request) sent 2/11/06

Statements Received 02/12/06

Prelim sent 25/01/2007

LBA sent 09/02/2007

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I understand. That means you can print off copies of the N1 ( the form that you file) and follow the steps here, if you want to practice/take your time.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

or here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

this might be worth a read too.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

I know your not doing it on line but everything you will need is covered in those three links.

 

A D

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

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I will do that AD but probably after I have sent the prelimanary as I don't want to bung my head up with info and get the procedures mixed up, which does seem to happen.

Isiris what can I say? Cheeky so and so! :D

Will post again when I have more info, take care guys.

S.A.R - (Subject Access Request) sent 2/11/06

Statements Received 02/12/06

Prelim sent 25/01/2007

LBA sent 09/02/2007

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Same for me tims g, looks like we in the same boat right till the end! Just need to find out where the court is..! lol

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STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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I kow where ours is as I'm halfway through trying to settle finances with my ex husband through court and have to swear the paperwork to the judge this afternoon. I'm also due back in work shortly after 6 months off maternity leave, I don't do things by halves lol.

S.A.R - (Subject Access Request) sent 2/11/06

Statements Received 02/12/06

Prelim sent 25/01/2007

LBA sent 09/02/2007

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Good luck with that, i see what you mean, Your head must be ready to burst...! lol

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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I'm not going to file a MCOL but am going to file at the court in person as I have read on other threads that as I am in receipt of tax credits that I will not have to pay any charges to bring the case.

 

Same route as I intend to take, I've not got as far in my claim yet though.

 

However, I am also receiving tax credits but there are some strange rules about this. We get Working Tax Credit and that alone does not qualify for the charges to be negated. You have to have some other status.

 

I am trying to find out more about this as I've been unemployed since February and can't afford to pay the court £120, even if I am going to get it back. I need to have that amount of cash to hand, and I don't.

 

Thankfully, a friend works at the court so I'm going to ask him if he can advise me, or find out. From what I've read on the courts website, I may have to complete some forms to demonstrate to the court what the total incomings and outgoings are for the household before they will consider if they are willing to allow non payment of the court fee.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Evening Girls and Boys,

Well I got my bank statements this morning and it appears I have run my account far better then I thought I had. I have totalled my charges to £494.00 before interest, with interest it comes to £654.68. Apparently that 9 years worth lol. Now I have sorted my spreadsheets both with and without interest like a good girl, but I am a bit worried that as the amount without interest is relatively low to a bank that they may just pay me back and I will lose out on my interest. Should I just go for broke straight away and file the schedule with interest??

S.A.R - (Subject Access Request) sent 2/11/06

Statements Received 02/12/06

Prelim sent 25/01/2007

LBA sent 09/02/2007

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They'll just ignore the interest if you do that, you can only claim that part at the court stage. From the threads I've read on here it's far better to follow the procedures and put a claim in to the bank for the charges, when they refuse and the time limits expire, then go for the court stage, and then you get to add the interest.

 

It is, of course, up to you if you wanted to accept an offer from the bank before taking legal action. But, as I keep reading, it's your money and you have the right to claim it back, with the interest. It just takes a bit of time for all the procedures to take place.

 

You have to give the bank the chance to make matters right, by refunding the charges and coming to an agreement, before you can take them to court. It's also a little worrying to see that you've gone the full 9 years, most people are only claiming for 6 years - I've long since forgotten just why that is as I trawl through the many threads on the topic, but think there's some legality involved. Worth checking?

  • Haha 1

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Thats because they sent me bank statements from 1997. The first bank charge I have is in 2000 though so they are not going that far back. I also have no intention of taking a partial settlement, its my money they've taken. I have since read other threads and will adjust my Prelim to show £494.00. Will keep you posted.

S.A.R - (Subject Access Request) sent 2/11/06

Statements Received 02/12/06

Prelim sent 25/01/2007

LBA sent 09/02/2007

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