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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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Drewster_UK

Drewster v Halifax ***WON***

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Hi All

 

1st post here, although been reading through loads over the last few weeks. What a great site this is.

 

I asked for my 6 yrs of statements mid December and recieved 23 letters through the post yesterday. I've gone through all the charges and was amazed to find £3,422 worth.

 

I've sent my 1st letter recorded delivery with a print out of charges today to my local branch, they've got 2 weeks to reply as I understand, then its the LBA letter.

 

I'll sit and wait, to see what they come up with.

 

Cheers

Drew


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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Hi All

 

1st post here, although been reading through loads over the last few weeks. What a great site this is.

 

I asked for my 6 yrs of statements mid December and recieved 23 letters through the post yesterday. I've gone through all the charges and was amazed to find £3,422 worth.

 

I've sent my 1st letter recorded delivery with a print out of charges today to my local branch, they've got 2 weeks to reply as I understand, then its the LBA letter.

 

I'll sit and wait, to see what they come up with.

 

Cheers

Drew

 

Hopefully a full offer ;) Keep us informed.


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Well that was quick. I've received a letter today from them saying they have passed my letter onto customer relations, who will be in touch.

 

Does anyone one know if customer relations will actually contact me?

 

Regards

 

Drew


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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they do eventually by letter acknowledging your 'concerns with the charges' yeah too right we are!

 

just keep to your timetable. it seems, after reading some of the other threads, that the Halifax are beginning to offer full refunds instead of stretching it out to the court stages............no harm in calling before you do the MCOL bit............see my thread for number or Hillards thread....

 

good luck


S.A.R - (Subject Access Request) sent 1.10.06 (chq cashed 6.10.06)

Acknowledgement recvd. 9.11.06...(1 day before 40 day limit)

prelim sent 13.11.06. (rcv.14.1.06)

ack.rcvd. 24.11.06

LBA letter sent 29.11.06

settlement offer 11.12.06 declined 13.12.06

called Halifax 0121-234-1068 3.1.07 ..........settlement letter for full amount of £1474 on its way ! won't be happy till money in my acct!

recvd settlement letter for the £1474. signed and returned. 5.1.07

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Hi Folks

 

Just double checking before I send my LBA off tomorrow. Is it the name of my local courthouse i put on the letter?

 

Not heard a peep from the Halifax, since that initial letter, so off the LBA goes in the morning.

 

Thanks all

 

Drew


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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just a little bump before bedtime :D

 

I'm sending it tomorrow morning. So if anyone can confirm it's your local courthouse you put on the LBA that'd be great.

 

Night :)

 

Drew


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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So if anyone can confirm it's your local courthouse you put on the LBA that'd be great.

 

I'm confused the LBA makes no reference to any courthouse. Where were you thinking of putting it?

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just a little bump before bedtime :D

 

I'm sending it tomorrow morning. So if anyone can confirm it's your local courthouse you put on the LBA that'd be great.

 

Night :)

 

Drew

Also confused - what procedures are you following that involve the court at this stage ?

 

Suggest reading a lot more, the FAQ's (http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/) , http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html, other threads - you're obviously going wrong somewhere?

 

The LBA can be found here:- http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html


Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Thanks for the replies - I was using the LBA from Martin's MSE site, I'll use the template on this site instead.

 

Cheers

 

Drew


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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LBA posted recorded delivery this morning - I'll wait and see what i get from the Halifax over the next fortnight.

 

Thanks

 

Drew


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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Hi All

 

Just a quick question : Up till now on both the prelim and the LBA letters i've sent, I've only listed charges for unauthorsied OD, unpaid DD's etc.

 

Is it possible to claim for the interest caused by going overdrawn, these charges usually are around £5 or so each month.

 

If it is possible to claim for these charges, am I to late? Or can I add them on to the mcol, which I file early next week?

 

Thanks for all the help so far.

 

Drew


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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I'd really appreciate it if someone in the know could answer my quesstion above, Id like to get my ammended claim ready before the weekend if it's possible.

 

Many Thanks

 

Drew


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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I noticed on the mcol template - it states the month/year your account was opened - is it vital to put that info, i don't no when i opened my account.

 

Cheers

Drew


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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just a quick question : Up till now on both the prelim and the LBA letters i've sent, I've only listed charges for unauthorsied OD, unpaid DD's etc.

 

Is it possible to claim for the interest caused by going overdrawn, these charges usually are around £5 or so each month.

 

If it is possible to claim for these charges, am I to late? Or can I add them on to the mcol, which I file early next week?

 

Thanks for all the help so far.

 

Drew

 

I've just totted the amount up for overdraft interest alone, and it's almost £500, can someone pleeeeeeeeze let me know if i can add this on to my claim, I've not mentioned it on prelim or LBA and i file MCOL on Thursday.

Just a quick yes or no would be most welcome.

 

Thanks

 

Drew


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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This is just my opinion.

 

I claimed for interest accrued by them taking charges out and making me overdrawn. And they paid me!

 

I would amend your schedule of charges to reflect this and then send a letter to Trinity Road today saying, further to my LBA I will file on Thurs the enclosed schedule blah blah.

 

I don't think it matters too much that you haven't mentioned it before because when we file on MCOL we add on for the first time the interest that the spreadsheets work out!

 

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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Much appreciated mate - I'll do just that.

 

Thanks Again

 

Drew


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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yes drewster i was also aid out in full by the halifax, you can indeed claim for interest accrued re going overdrawn due to charges Biffa

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Thanks for the confirmation biffa - I received a goodwill gesture letter from halifax today for just over £2000. I've just sent the Rejection of settlement letter back to them, along with a copy of the revised charges.

 

Cheers

 

Drew


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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Hi Drewster, could you tell me what address have been sending the offers etc so I can make sure mine gets direct to the correct dept please?

Many Thanks


Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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I think it's dependent on where u live in the UK - I'm in the North West, so my offer came from Leeds, so i sent my ROS back to the Customer Relations dept in Leeds.

 

Where u from? I'm sure someone here can point u to the correct regional location. If not, sending letter to the Head office at Trinity Road will always end up at the correct place, although it may take a little longer to get there.

 

Regards

 

Drew


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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Hi Guys

 

I'm just filling the MCOL in, ready to submit tomorrow morning. It's a bit of a daft question, but just want to make sure it's right before hand.

 

Where it's asks for "Amount Claimed", I'm assuming I put the whole total, ie including the interest. Is that right?

 

Thanks

 

Drew


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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Drewster

 

That's what i put, the total yes.

Don't forget the £10 for the access request if you paid for your statements.

 

MC

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thanks mate - all sorted - ready for submittal 1st thing in the morning...:D


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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I noticed it says "I will send another copy of the charges to halifax", on the mcol template, have people been doing this as a rule? Will the court need a copy also? If so do you include the 8% interest figures?

 

Regards

 

Drew


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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Well mcol was issued to halifax this morning - i just hope they are a bit too busy over the next 14 days to notice i've served them :D

 

Cheers

 

Drew


02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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