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    • the property is not yours you are not on the deeds you are/were not ever on the mortgage..   stop trying to do their job in scamming you.        
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
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Aaronsdad

Aaronsdad v them again!!

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Hi all,

 

I've been very remiss over the past seven days.

However, it's been a whirlwind.

They paid me last Thursday. I've been drunk. I've been drunk, again. I've shopped, and girls, I HAVE shopped!

I've flown 600 miles each way to see Aaron.

I've booked a Christmas holiday.

And now i'm back for a week or so at the moment to help anyone else, who thinks this is difficult.

Newbies! It isn't! It's as dificult as falling over on the way home from the pub on the night that they pay you!!!!!

 

Now I had an e-mail from my favourite Halifax person. The one I said in my last thread was so efficient she deserves promotion (any management reading this!). KELLY DUFFY

 

Kelly Duffy

Senior Customer Relations Manager

Executive Office

Customer Relations

Direct Dial 01422 326326

Fax 01422 326688

kellyduffy@halifax.co.uk

 

Use the links, she REALLY gets things done!!

 

 

I have mortgage and credit card statements due within the week.

When they arrive I might let the festive spirit do what ever it does then go for it in the New Year.

 

Until then, barring holidays. I'm here to help!

 

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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They are really dragging their heels this time! Would everyone else please stop sending requests to them so they can deal with mine!!!!!!!!!!!!!!!

 

I've had the 'no obligation ... manual intervention' thing but no more statements.

 

I've had enough for a while anyway.

 

On Sunday night I'm going on holiday!

 

When I get back in the New Year I'll be spitting nails again and ready for the fight.

 

Have a good one all. Thank you Mr Halifax for your pressie!!!!!! It's only my liver that doesn't appreciate it!!

 

A D

 

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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Thanks AD, look forward to your return! :D

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Good luck again AD, thanx for the contact email for Kelly at Halifax, I have just sent an email to her as I am trying to get info on an account that was closed last year and I know I can claim back on that.

 

Have a nice hol mate, U earned it.


TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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Hi All, Long story, been busy with stuff, but back again.

 

I actually need advice about this.

 

My next one is my credit card charges, and yes I've read the library etc!! However I've also discovered that the OFT recommended that £12 was a fair charge from about April last year. Apparently all the major players have sureptish, quietly, toned down the charges to this figure. As my charges are all pre 2004 surely this doesn't affect me and I should proceed as normal?

Anyone??

 

Secondly, the mortgage account. I have been sent documents (twice) about my last mortgage. It's gibberish. It is totally internal compu-speak and code. Never mind charges, it says that we only made three payments in six years! (Rubbish). Further it also keeps going on about letters with codes sent to me but the key that they gave me doesn't mention these particular codes!!!!! Therefore I can't work out if it cost me money!

 

Anyone?

 

Finally a technical one! When I sent my SAR I asked for all details held by them on me, which is what I believe the DPA to be. Between 95 and 98 I had two other mortgages and another credit card, it took umpteen e-mails and calls to get one credit card statements with one missing. Are they in breach? Or are they so fixated on the claiming of bank charges over six years that they assume that's what it means?

 

I'd appreciate a knowledgable answer on that one. I used to work somewhere where I had an input into SAR and it took bloody ages for my little input - never mind 12 years of banking.

 

I'm bordering on re-sending the SAR because going through the Registrar is too much time/trouble, and I wonder if I was right in the first place. Which I appreciate is negative because we should all complain and make them do it. I'm not desperate for a refund and I'm happy to stand up and argue, even in court. I just can't afford to have all my (limited) income go on court costs.

 

So guys and gals. I'll help anyone claim on their current accounts, but like the beginning of their threads when they start, I need a little bit of help to get these ones moving!!

 

A D

 

Ps, Aaron was 8 on Valentines day and he is at his 10 pin bowling party now!!


[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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Credit card query is sorted and the prelim for £300 was sent the other day.

 

I'm still at a loss about the mortgage stuff they sent me.

 

I'd be very grateful if someone would let me know what a mortgage statement actually looks like so when I ring up and make a nuisance of myself (again!) I know what I'm talking about.

 

When can we expect sigs and avatars back?

 

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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Hi All, What are the Halifax up to?

 

After complaining a lot and getting nowhere about the rubbish that they have been sending as a mortgage statement I finally talked to someone who agreed I shouldn't be getting the Borrowers report but a normal statement. (That was Sally Kaye a customer services manager).

 

Anyway I received two letters from them. The first was about the mortgage saying we'll get back to you in 4 weeks etc. I then rang the number on the letter and talked to the lady that had sent it.

 

Jacqui Mackenzie 01383 426821. She was very helpful and agreed I shouldn't have to wait any longer because I first asked in NOVEMBER!

 

Three hours later I had a phone call from a very nice man, Iain Blackwood, offering me a full settlement of £182. Not bad eh?

 

I don't trust them a bit so I didn't agree to anything and asked for my statements and their offer in writing. Just shows they can do it if they want.

 

Anyway flushed with that news I rang about the other letter which was re my LBA for CC (no reply to Prelim!). Usual rubbish my fault etc, etc.

 

So I explained how I relish taking them to court and was quite disappointed that they were settling on the mortgage because I wanted interest and court fees out of them. Were they going to settle on the CC £300 or were they quite happy to paying double (interest, court charges and solicitors fees) on top and giving me the feeling of another moral victory?

 

The question has been 'escalated' (their words) and I should hear back either today or tomorrow.

 

Quite sad really, I've run out of accounts and the claim I've been helping a friend with is judged on Wednesday.

 

Hey ho! There will always be someone needing a hand.

 

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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Well, well. Lot's been happening. Been with Aaron over Easter holidays - somethings are more important than bank charges!

 

On my mortgage account I decided to settle for the £277 they finally offered. This is almost a hundred more than before. I wanted more but thought I might be on a sticky wicket if it were to go further. It's all money though.

 

The last post I made on the 23/3 said they should be back to me in a couple of days re my credit card. When I rang yesterday they said that the 'complaint' was logged on 13/4! Considering my prelim was received on 24/2 they're not doing well are they?

Full of bon homie after the holidays I agreed to give them until Tuesday then I'll file on MCOL if I don't get the whole £300 back. They don't scare me - and don't let them scare you either!

 

Even better news was the claim I've been doing for a friend. After they filed a defence we were a bit down but lo and behold he got a letter today offering £3800 ish which is only about £150 short of the claim. He's bitten their hand off and I don't blame him. We both sent our SARs on the same day 1/9/06!!!! I was paid on 30/11! No wonder he's losing his hair!

 

So here I am folks. If I can help just shout.

 

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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Well, well. Lot's been happening. Been with Aaron over Easter holidays - somethings are more important than bank charges!

So here I am folks. If I can help just shout.

 

A D

 

Hi Aaronsdad, firstly I would like to ay that I am pleased that you were able to spend sometime over Easter with Aaron, that must have been wonderful:)

 

Now I am going to take you up on your offer ' I am Shouting Please " I know that everyone is very busy replying to posts etc so any additional help is really appreciated, I was wondering if you could take a look at my thread under Halifax " Fighting for the Money" I am just trying to make some sense of some stuff before we move on to the next step. I know that you may not be able to provide any answers for me but it is worth a try;)

Many thanks

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In sorting out the masses of paperwork, statements, letters etc that accumulate whilst doing this I noticed that there were charges in 99/00 that I didn't claim for on my first go because I was still a virgin and scared! In total it's £275 before interest. So nothing ventured nothing gained prelim and schedule will be winging their way south this afternoon!

 

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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