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    • or 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.    Below is CE  evidence to POPLA and  2 photos of my evidence. I have omitted other CE evidence as it includes personal and private details. I will upload POPLAS decision soon    CE to POPLA   ce to popla.pdf ce to popla 2.pdf ce to popla 3.pdf ce to popla 4.pdf ce to popla 5.pdf view approaching car park.pdf view from my parking bay.pdf
    • Hi MIE   I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.    In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.    I’ve not received any documents or a response to my SAR.    Particulars of claim in #5.    Defence below (I know it’s not the best, but it’s all I could come up with).   DEFENCE   1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019.   2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.   3. This claim relates to an alleged salary overpayment.   4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011.   5. It is admitted that the Defendant has made a payment of £465 to the Claimant.   6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested.   8. The Defendant is unable identify through financial records that amounts were received as alleged.   9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information.   7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim.   8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement.   9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred.   10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor].   11. Claimant’s Solicitor has not sent any of these documents to the Defendant.   12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received.   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.   15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.   16. It is denied that the Claimant is entitled to the relief as claimed or at all.   Statement of Truth The Defendant believes that the facts stated in this Defence are true.
    • Thread moved to Debt Collection Agencies Forum.   Andy
    • We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.   Andy
    • the pursuers don't have to serve a DN the original creditor did the pursuers have failed to prove one was ever served. fatal under section 87 of the CCA    no signed cca nor relevant T&C's    
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My husband passed away a few week ago not done anything financial except cancel a few direct debits

 

 

His yearly pension forecast came today so I phoned them they asked who I banked with they then offered to inform the Halifax on my behalf as they were part of the same company (I said no)

 

 

The Halifax account is a joint account I am the Main Account holder

 

Will they freeze /close the account when i inform them this is my main account ?

 

My husband has 2 halifax credit cards both up to date with payment dont want to stop payment incase they take the money i have in the bank (offset) can they do this ?

 

Can they offset the credit card debt against his pension ?

 

 

Thanks for reading any gidance would be helpfull

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Hi hallowitch.

 

 

I'm so sorry to hear about your husband. :hug:

 

 

I've flagged your thread for the site team, I expect they and others will be along to advise. Don't rush to tell the Halifax, when my mother died I was advised to leave the bank account open and notify them when it suited me.

 

 

Best, HB


Illegitimi non carborundum

 

 

 

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if he is named on an account then yes they can offset.

 

now if the fact of his death makes any legal change here i'm not sure

 

you say the cards are in his name only and that you want to keep paying.

not sure you can..surely legally they must close the cards accounts down and will be after the money from his assets/estate

 

have you got a sols involved?

might it not be prudent to get a parachute account opened and move all possible income and income payment to one they cant get their muggy hands on?


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My husband passed away a few week ago not done anything financial except cancel a few direct debits

 

Please accept our deepest condolences hallowitch.

 

 

The following is an assumption that you both credited the Halifax current account and that the payments for credit card came from the same account.

 

His yearly pension forecast came today so I phoned them they asked who I banked with they then offered to inform the Halifax on my behalf as they were part of the same company (I said no)

 

Set up a new current account away from Halifax....no connections

 

The Halifax account is a joint account I am the Main Account holder

 

Will they freeze /close the account when i inform them this is my main account ? Dont inform them yet ..you are the main account holder

 

My husband has 2 halifax credit cards both up to date with payment dont want to stop payment incase they take the money i have in the bank (offset) can they do this ?

 

Possibly as he was an additional holder..although not the main...once you have a new current account in place with all your DD/SOs set up and payments running in...inform them of his death and enclose a copy of the death cert..dont make any further payments.

 

Can they offset the credit card debt against his pension ? Not if you tell them to pay the pension to your new account.

 

 

Thanks for reading any guidance would be helpful

 

Andy


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Thanks for that will go open new account tomorrow I didn't know they could offset from a pension that was my main worry

 

how do I find out what banks are not connected to the Halifax or Santander please

thanks

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nationwide, co-op or post office are good and you can do the application on line.


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Sorry for your loss. Your joint account will be changed to sole ownership.

 

The credit card will have to be paid from your husband's estate. Whether his pension forms part of his estate depends on the arrangement.

 

I'd recommend that you seek independent advice on this one. If you don't get this right you in the future you might have an inheritance tax liability, have a creditor try and make a claim on the estate

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Sorry for your loss. Your joint account will be changed to sole ownership.

 

The credit card will have to be paid from your husband's estate. Whether his pension forms part of his estate depends on the arrangement.

 

I'd recommend that you seek independent advice on this one. If you don't get this right you in the future you might have an inheritance tax liability, have a creditor try and make a claim on the estate

 

Assuming there is an estate ?...If not they will have to write them off...hence the need to distance from Halifax...hence the need to get the pension paid to a new Bank.


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no estate No savings he went self employed in april and we kitted out a van and other expense's no life insurance no idea how it happened but his policy is accidental death only might manage to pay this months and next months mortgage but that's it

 

 

so its all a bit of a mess

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There is an estate (it just a term that refers to all the money and assets owned by the person). But if it's insolvent then there's no funds to pay the debts so creditors don't have a choice.

 

It's a wasted effort opening a separate account as you can't just choose what forms part of the estate. Debts also have to be repaid in priority order - secured creditors first, funeral expenses next and unsecured debts like credit cards are toward the bottom. Most pensions allow inheritance so can be left to a beneficiary without becoming part of the estate. The joint account will move to sole ownership.

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nationwide, co-op or post office are good and you can do the application on line.

 

Thanks all up and running

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