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    • I would say so yes but ofcourse only in the years the charged it not running till today.
    • please complete this:     and scan up the PCN bothsides to one multipage pdf read upload   dx  
    • Must satisfy POFA if they want to ground Keeper Liability, so no Keeper liability, their RoboClaims always try to sue both as if they can jointly and severally, but the Courts should be looking at the was Driver or Keeper and chuck the claim out for being vague, but they don't  They might if POFA fails and they know they are onto a loser, might have a last gasp and try to rely on Elliott v Loake a criminal case so not applicable to a Civil claim, and CPS v AJH Films, again not applicable as is about employer/employee, they will do this to try to get someone to cough up before a case they know they are going to lose to salvage what they have already paid ou to go to court.  I would delete the  line   As the keeper of the vehicle, I decline as is my right to name the driver (s) at this time"  That is an oblique reference to the duty to name driver in a Criminal case, and is the Elloitt v Loake scenario.   Others will have better ideas, but lloking decent.
    • Good morning request sent off yesterday to moriarty law  but today got this load of tosh  Combine Jul 17, 2019.pdf
    • In response to your question, I have a copy of the title deeds showing ownership and also the leases. No idea what to do with that info though!   I should be most grateful if you would review the attached brief draft defence on page 1. The page 2 thoughts are a work in progress.   The POFA point is weak in my opinion, but having read a lot of analysis of the requirements, I haven't managed to come up with anything beefy.   I should be grateful for any ideas on that, as it seems like a failure to follow procedure would be a strong defence.   Also it asks for the driver's details on the PCN and then the claim states the Defendant was the registered keeper and/or driver, but I don't really understand whether there's a point of defence there.    DRAFT DEFENCE 1)      The claimant has failed to prove that VCS had a contract with the landowner (The West London Property Corporation Ltd.) in August 2015, and therefore failed to show either a legitimate interest in controlling parking at the Berkeley Precinct, or the authorisation to make charges on their own behalf, for any overstay in the carpark, including for first-time offenders (relevant to Tesco lease). (no response to CPR 31.14 request delivered and signed for at 10.32a.m. on 9th July) 2)      The claimant has failed to prove that VCS obtained a planning permit from the Sheffield Planning Department under the Town and Country Planning Act 2007 (also requested in my CPR 31.14 letter) and that there were prominent signs in existence at that time, showing clearly the terms and conditions for parking and the charge payable for any breach. Therefore, the three elements of offer, acceptance and consideration required for a contract were not met, and no contract existed. 3)      The claimant failed to issue the PCN in the timescale required under the Protection of Freedoms Act 2012 for keeper liability and, allowing for the 2 day delivery time afforded to Royal Mail, it arrived a day later than the 14 day deadline. The parking company has not met the keeper liability requirements and therefore keeper liability does not apply. The parking company can therefore only pursue the driver. As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time. As the parking company have neither named the driver(s) nor provided any evidence as to who the driver(s) were, I submit I am not liable to any charge.    
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I do not understand why you're blaming the Halifax for irresponsible lending.

 

As you were aware off your own financial circumstances being not good before applying for the loan, why then did you apply for a £7000 loan? Esp as you were already struggling financially.

 

The Halifax did not force the loan on you, you openly admit you applied for it & you surely could have cancelled the loan application. (In the first 14 days if I remember correctly).

 

You also state you used £5000 of the loan to pay off 2 debts, this then would have freed up the monthly payments you used to pay towards them. What happened to this money? As this money could be used towards the repayment of the loan.

 

Surely you should bare the responsibility of your own actions instead of blaming the Halifax for your own predicament.

 

This is not a personal attack on your self, but I'm trying to show you how this looks from the outside & how your own actions brought you here.


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Oh the Decision Reference Numbers (DRNs) seems to be different from your complaint reference. The look like this for example: DRN16540628

 

Who was your Ombudsman and what month and year was the decision made?

 

The date of the decision was the 28th April 2015.

 

There appears to be no DRN reference, only the on I have given.

 

The ombudsman was Nicolas Atkinson.

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Financial institutions ARE NOT SUPPPOSED TO LEND IRRESPONSIBLY. They dont follow the guidelines. They were aware of the posters financial circumstances but lent to him anyway. I see this all the time.They know damn well debtots are going to default but couldn't give a toss.

 

Why are you sticking up for Halifax? Are you an employee? They have a very bad rep for treating debtors badly.

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Judge did you have the money? yes! all thats needed


:mad2::-x:jaw::sad:

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Judge - did you have the money.

H

Answer - yes, but I was desperate and they didn't follow the rules on enfordeabilty.

 

Judge - are you a loan shark

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I have written a lengthy email of complaint to Lord Hunt who is Chairman of the Lending Standards Board.

 

I have told him about how the FOS have ignored emails detailing evidence against Halifax which they have completely ignored.

 

They never replied to the letter I put in with my decision to reject their decision.

 

Gobsmacked that a major bank can lend money left right and centre, then deny causing debt to the customer.

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Well here's the Ombudsmans decision: http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=80566

 

To be honest I doubt you will get the outcome you are seeking. I cant see any wrong doing from Halifax either.

 

So your saying that although the bank has put me in almost £10K worth of debt they havent done anything wrong?

 

I was not asked why I wanted the loan, so am sorry but I disagree.

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but you were

it was for refinance of existing debts you were already repaying....

 

 

dx


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To be fair to the poster, I think he's arguing irresponsible lending and the rules and guidelines around this.

 

Unfortunately they are only guidelines and because of this the FOS use this as a get out of jail free card on the behalf of the financial institutions.

 

I can well understand the posters frustration with FOS, I sent them a voice recording of a conversation with a bank rep during which she threatened me with court action if I insisted on dealing with my debt by letter only and actually told me that legally they could only deal with the matter over the phone. The actual word she used was "illegal". The charming adjudicator couldn't see what was wrong with the conversation. Ex bank employee do you think?

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This is why I rejected their decision and told them where to go

I also showed financial difficulty after the loan was granted, I missed 2 payments, and I was paying less on other credit; the adjudicator and the ombudsman completely ignored the fact that I argued and showed missed payments etc on my credit report.

 

Utter appalling service I received, and I complained to the FCA about it, and they accepted my complaint!!

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I have 2 debts with Halifax, a credit card and a loan.

 

I stopped making payments to my IVA over a year ago.

 

To cut a long story short, I have noticed on my Noddle credit report that the debts have disappeared.

 

Also, when I wrote to the Insolvency Exchange whom originally had the debt, this was not acknowledge in the response.

 

I also disputed the debt with Noddle, they contacted Halifax to seek to remove the default, and Halifax ignored the request.

 

So my question is, how do I find out what happened to the debt, and has it been passed onto someone else?

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Maybe a SAR to Halifax, have you any idea if the debts show on any of the other CRA's.

What year are the debts from.


 
 

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Maybe a SAR to Halifax, have you any idea if the debts show on any of the other CRA's.

What year are the debts from.

 

The credit card was taken out online in September 2006, the loan online in 2011.

 

They have completely gone from my credit report, I have not had anything in writing to say where the debts have gone.

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so not hit the defaults 6th birthday?

 

 

dx


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so not hit the defaults 6th birthday?

 

 

dx

 

Nope. Account has been in default since the start of the IVA on the 1st June 2012.

 

Up until recently the debts were logged with the Insolvency Exchange.

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wait and see then

typically if the debt has been sold on the account doesn't usually disappear

just gets the debt buyers name substituted where the OC's was.

 

 

dx


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wait and see then

typically if the debt has been sold on the account doesn't usually disappear

just gets the debt buyers name substituted where the OC's was.

 

 

dx

 

So if the debt has been passed on to someone else, would they have been told the debt is under an IVA?

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sold on not passed

 

prob not

 

just a few basic details on a spreadsheet that ges into a computer

and it churns out an automatic threat-o-gram


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I have just recently received a copy of an alledged personal loan application through Halifax which was taken out online.

 

I am very concerned, that Halifax made an incorrect error.

 

At the time of the personal loan agreement was made by Halifax, I was not living at the address to which it refers to.

 

I also have some concerns over the fact that I was given a very high interest rate of 13.13 percent.

 

I believe at the time of being given the interest rate, my credit score was okay.

 

Is there anything I can do?

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Was this in reply to a cca request?

 

When was the loan taken out?


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Yes it was a CCA request, loan was taken out online in December 2011.

 

They put an incorrect address on the paperwork, and charged me an unfair 13.13% interest rate, considering my credit rating was okay at the time of application.

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Do you have a copy of the original agreement

 

Interest rate pricing would be related to their perceived risk which presumably you accepted

 

13 pc would not be considered excessive


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When replying to a cca request, for compliance the correct address must be given at the time of the execution of the agreement

 

 

The copy agreement

 

CONC 13.1.4

01/07/2014

FCA

(1) The copy of the executed agreement should be a 'true copy' of the original. However, as confirmed in the case of Carey v HSBC Bank plc [2009] EWHC 3417 (QB), in this context the term 'true copy' does not necessarily mean a carbon, photocopy, microfiche copy or other exact copy of the signed agreement. There is no obligation to provide a copy which includes a copy of the signature.

(2) The firm can reconstitute a copy. It can do this by re-populating a template of the relevant agreement form with the details of the specific agreement taken from its records. If the firm does provide a reconstituted copy, it should explain that that is what it has done, to avoid misleading the customer that this is a contemporaneous copy.

(3) The terms and conditions should be those applicable at the time the agreement was executed. The name and address at the time of execution must be included.

(4) The reconstituted agreement should contain a heading prescribed by the CCA and any relevant cancellation notice.

(5) If the reason why no copy is given in response to a request under these sections is that there never was an executed agreement, the firm should acknowledge this in its response.

(6) If the agreement has been varied, the duty is to provide not only a copy of the agreement as originally executed but also either:

(a) a copy of the latest variation given in accordance with section 82(1) of the CCA relating to each discrete term of the agreement which has been varied; or,

(b) a clear statement of the terms of the agreement as varied.

(7) Further, section 180(1)(b) of the CCA and regulation 3(2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 expressly allow certain matters to be omitted from the copy. There may be excluded from the copy of the executed agreement to be provided under these sections:

(a) any information relating to the borrower, hirer or surety, or information included for the use of the lender or owner only, which is not required to be included by the CCA2 or by2 any regulations made under the CCA as to the form and content of the agreement;

(b) any signature box, signature or date of signature;

© in the case of pawn agreements, any description of the article taken in pawn.

The statement of account

 

CONC 13.1.5

01/04/2014

FCA

If the firm possesses insufficient information to enable it to ascertain the amount and date of any sum which is to become payable, it is sufficient to indicate the basis on which they would fall to be ascertained.

Failure to comply

 

CONC 13.1.6

01/04/2014

FCA

(1) Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.

(2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.

(3) In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.

(4) The firm should, in any communication or request for payment in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable.

(5) In the judgment of McGuffick -v- The Royal Bank of Scotland plc [2009] EWHC 2386 (Comm) Flaux J held in a case under section 77 of the CCA that passing details of a debt to a credit reference agency and related activities do not constitute enforcement under the CCA. He also held that steps taken with a view to enforcement, including demanding payment from a claimant, issuing a default notice, threatening legal action and the actual bringing of proceedings, are not themselves 'enforcement' under the CCA. On the other hand he confirmed that the actions listed under sections 76(1) and 87(1) of the CCA did amount to enforcement notwithstanding that some of the actions 'less obviously' amounted to enforcement. These actions are demanding earlier payment, recovering possession of goods or land, treating any right conferred on the debtor by the agreement as terminated, restricted or deferred, enforcing any security and terminating the agreement.

(6) While Flaux J agreed with the decision of HHJ Simon Brown QC (sitting as a Deputy High Court Judge) in Tesco Personal Finance v Rankine [2009] C.C.L.R. 3 that commencing proceedings was not enforcement, but a step taken with a view to enforcement, both he and HHJ Simon Brown appear to have been drawing a distinction between commencing proceedings and entering judgment in those proceedings.

(7) This guidance deals only with the question of whether an agreement is unenforceable in relation to sections 77, 78 and 79 of the CCA. A lender's rights to enforce an agreement may be restricted for a variety of reasons, by the Act, by or under the CCA and by virtue of the general law.

(8) However, where a firm is aware that an agreement is unenforceable because of non-compliance with an information request under section 77, 78 or 79 of the CCA, a firm should make it clear when communicating to a customer about a debt that the debt is in fact unenforceable. Failure to do so, in that case, would in the FCA's view unfairly mislead the customer by omission. Any communication that implies expressly or otherwise that a debt is enforceable when it is known that it is not, would be misleading. One way to avoid this would be for the firm to explain to the customer the full meaning of 'unenforceable'.

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So let me get this right, because Halifax failed to put a correct address at the time of executing the agreement, does that mean the agreement is void!?

 

If so, can I use this against Halifax if the try and collect on the debt?

 

Also, there are no signatures on the said loan agreement because it was done online!?

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