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    • There are 2 photos from my evidence previous post [Docs 1 pdf 2.81 mb] First is the view I had approaching car park to the right, this differs enormously from google street view. Even with just 1 car in the carpark can you see any signs ? There is a small road sign in that photo too that was left behind following the roadworks and temporary traffic lights that hid the sign at the front. Second photo is a view from where I parked no wonder I did not see it, in fact the angle is worse viewing from drivers seat as the pole is in line with the tree
    • Pardon late reply, had a busy last few days. I will make enquiries to the Council or Valuations Agency tomorrow when they are open. I am a little apprehensive about getting the dentist involved although I wasn't warned about the new parking system at the time. I have photos but  will need to reduce the mb size of them as 4.5 mb is maximum upload on here. They will also need editing to blot out reg numbers etc. I was given 28 days from CE to cough up after the POPLA decision and that will expire in a few days time. I intend to take this all the way and to save further action [e.g. debt collectors with the £100 rocketing to the thick end of a Grand]   write to CE and tell them take me straight to Court as all letters will be ignored. 
    • Hi, i am not sure if this has been discussed before, i have a feeling it probably has. My partner has claimed carers allowance for looking after her uncle for the last 3 years. She has also quite often worked part time. She has always told me she was allowed to work 15 hours per week and she has always stuck to this limit. However i have looked into it and found that the limit is how much you earn not how many hours you work. Her jobs have always been minimum wage so they have actually kept her just under the earnings limit. This is where i think this subject may have been discussed before, obviously in april 2019 the increase in NMW and the carers earnings limit increase resulted in someone working 15 hours at NMW being 15p over the limit. My partner had no idea she was earning too much until a letter arrived a few weeks ago from the carers people. They suspended her claim and she had to fill a form in  detailing her working hours and earnings etc over a certain period. My partner sought advice from the CAB who said this would be overlooked as it was such a small amount (15p). She received a letter on saturday saying she was not entitled to carers from april 2019 until sep 2019, (she stopped working in september and is not currently working). The letter does not say what they intend to do as she has already received her payments for this period. I have a feeling another letter may be on its way telling her to pay it back ? Surely this can not be right ? Another point to mention is that my partner had £2 per week took from her wages for her uniform, i put this down as an allowable expense but they have completely ignored this and not even mentioned it in the letter they sent out on saturday. As far as i was aware work uniform or equipment should be classed as an allowable expense, this in effect would take her below the carers earnings limit. Has anyone had a similar experience or can offer any advice ? I seriously cant believe they are doing this over 15p per week. Thanks in advance Steve.
    • You are onto something here... POFA s.4 states:   "6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)— (a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8...   8(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met....   (4)The notice must be given by— (a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given."   In the Claimant's WS, from para 54 onwards, they refer to p.9 of POFA regarding the issuing of the notice to the Keeper. They're relying on the wrong paragraph because, as they've issued a notice to driver, they should be relying on p.8, as I've quoted above. The notice to keeper can then only be issued once 28 days have passed. They're stating that it's 14 days, and that they have done this in your case.   Did you include POFA as a WS exhibit?
    • Thanks again!   With regards to evidence raised above, since the application is now scheduled for a hearing, what if I wanted to submit further evidence to support my case for the hearing.   How would that affect the already submitted Witness Statement with the application? (It was not originally meant for a hearing)
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Carlj021

Halifax Credit Card CCA Response

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Hello All,

 

I have received the first response of my request for CCA and would be grateful for your advice and direction as a result.

 

The request was for section 78 and I used the template provided on this site.

 

I have attached a copy of the letter.

 

There was 'No' Signed Statement of Account enclosed.

 

Of the other two stated enclosures Nos 2 & 3 there is no signature and the signature box is empty;

however I am confused as to why they have quoted regulation 3(2)(b).

 

For background the card was originally applied for in approx 2003.

 

If you need enclosures 2 and 3 attaching please let me know.

 

Any guidance is appreciated.

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They need the original CCA plus terms for a card that old


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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So what should I do if they have not provided a CCA

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Hello,

 

But do I stop paying and ignore or send some correspondence as to why I'm stopping payment?

 

Thanks

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If you could follow the uploading instructions given by dx please as your image is too tiny.

 

Can you perhaps also give us a little more history on the account.

 

Have you defaulted on the account or are you making minimum or token payments ?

 

Is there any Payment Protection Insurance on the account or default/penalty charges.


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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hello All,

 

Hopefully I have now uploaded so it can be viewed clearly.

 

I have had the Credit Card at least since 2003. I wrote to Halifax in Approx 2007 and said I was in financial difficulty and needed to pay them a token payment which I have been since and consequently unable to use the card.

 

I only recently last month checked my credit file and it is not showing as a default for Halifax, all though from memory, I am sure I had letters to say that I had been defaulted in the past. I believe the default has come off my credit file because it has been defaulted over the 6 years.

 

I am confident I never paid any PPI and if so the date for this since I did is also over 6 years.

 

The letter attached that Halifax have replied with says that they have enclosed the Signed Statement of Account - there was 'NO' enclosure titled 'Signed Statement of Account' enclosed, just the second two enclosures. The account was at one stage passed to Blair Oliver and Scott but appears now to be back with Halifax as that is who my statements come from.

 

As mentioned previously the other two enclosures they refer to each contain a past address of mine, but do not contain any dates or signature of mine.

 

It is also confusing that they refer to the Regulation that says they do not need a signature.

 

Greatful for your advice on what I should do next? If the outstanding amount is still enforceable and if I need to stop payments and write to them.

 

Also are they still in a position to apply a CCJ on me?

 

Thank you

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CCA 101,

 

Since April 2007, should a company want to take action against you, a reconstructed agreement would survice. In some instances, they wouldn't even need an agreement, just proof that you had used the account.

 

BEFORE April 2007, any action against you needs to be backed up with THE original agreement, not a copy or a reconstruction, THE original.

 

Now should you ask for an agreement they only have a copy of, they can send you what it would have looked like and they have 'legally' fulfilled their obligation. Unfortunately for them, without the original, they can do sod all except ask you nicely to pay.

 

The ball is now squarely in your court, you can stop paying (My advise), or negociate a reduced settlement (Make sure you do this properly) or carry on paying them (Why would you)

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Hi havinastella,

 

Do I have to notify then that I am going to stop paying them and the reason why or do I just stop?

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Entirely up to you.

 

There was a letter I once had thanking them for the CCa, that without your signature they would not get a penny more and you would defend any court action. I seem to have lost it!

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pers I would not invite letter tennis

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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pers I would not invite letter tennis

 

 

dx

 

Hi Dx,

 

So would your advice be to just stop paying and ignore or do you think I need to make it clear why I'm stopping payments.

 

What if it was a genuine error that they never included the 'Signed Statement of Account'?

 

Thank you

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they don't need to include a signed statement of account

 

 

they must provide the signed agreement and all the correct T&C's for time ofbirth

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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So given what they have provided - what would be your advice?

 

Do you agree with the paragraph thatthey have satisfied section 78?

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dunno wheres the scan of the CCA return?

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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So given what they have provided - what would be your advice?

 

Do you agree with the paragraph thatthey have satisfied section 78?

 

Do you not believe me? ;)

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Post up all of what they sent, they may have complied as far as s78 is concerned

 

if what they have sent is atrue copy of your original agreement

 

No signature is required to comply with s78

 

I would be wary of stopping payments if the account is still with the original creditor


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Hi,

 

Find attached the remaining docs in the attached PDFs I also now realise what they mean by a signed statement of account.

 

For the two CCAs that have been supplied the first page appears at the back of the document.

 

Advice and assistance appreciated.

 

Thank you

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so no signature anywhere

and unless you signed up online

which haliprats didn't do at that time

 

 

no dice haliprats.

 

 

they'll sell this on soon.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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So do I stop paying and if so do I notify them why ?

 

Thank you

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you certainly never tell anyone what / why you are doing something.

 

I notice you state this was an online account.

 

so you are on 'dodgy' ground if you completely stop all payments.

 

what are you currently paying them?

 

and have they been adding penalty £12 fees?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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DX,

 

This is not an online account - I have asked a number of questions in this thread which have been avoided.

 

I'm now in a position having provided the responses requested but still no forward on how to act and would appreciate advice from any one

 

Thank you in advance

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I do apologies

there was a post that was not your that said online now removed

 

I'm gonna have a re read

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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looking the docs that are in those pdf's in post 19

 

they have supplied a recon credit agreement

they have also supplied T&C's for card birthday

and one from later [after 2006 as it shows £12 default fees]

 

on the balance of probs

they have complied with a CCA request

 

now if they or anyone they sell the debt onto

wanted to do court, they'd need your signed agreement

not a recon

 

as at this present stage it is still with the OC

 

I'd p'haps drop the payments to say

 

 

I would not at this stage stop all payments

wait for it to be sold on

 

then CCA again, and if no signed agreement, stop paying the debt buyer

 

haliprats I'm sure will sell this on now.

 

if you write or not to tell them this is your choice

theres no reason too do this

 

but

if you relate to say financial difficulties

and indicate p'haps that you doubt they have an enforceable signed agreement

that will prob do the job.

 

anything else?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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