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    • doesn't matter you've admitted about the DN and anyway where have you done that and to whom?   by assignment arrows are the creditor regardless to your acking of that fact or not.      
    • Just ignore the letter.   Block/bounce their emails or let them come through so you know what they're up to, and keep us posted.............   😎
    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • For PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH       For either option, does it say which appeals body they operate under. Yes    …………………..     This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.      My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.    POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.   docs1.pdf
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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

:D

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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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HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

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first ensuring you have removed all Personal Information before converting to PDF.

if you dont have MSOFFICE, use openoffice its free and has a PDF converter.

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- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

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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

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?

 

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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