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    • now you mention a concierge at the block- now this can be  a deciding matter because if the concierce gave you permission or even failed to tell you that you couldnt park then that creates a new contract between you and the landowner that overrides the one the landowner has with the parking co. If they didnt intend to create now conditions the man on the door should have told you " you cant park there mate" and that would have been that so even silence is permissive. I would also bet that the wording of the siognage is very limited as to creating contract and big on prohibition so we need to see pictures of the signs so we are able to confirm y suspicion that this demand has no legs whatsoever..   Adding my tuppence worth on the merits of using other sites or not- The advice given  on different sites will often clash and that can cause problems whe trying to follow a procedure. I feel we do pretty well here and follow a path that suits most cases and our general advice on not appealing is correct in most cases and definitely true in all cases involving the IPC. If you want to shop around that is your choice but stick with one forum when you decide to ask for help or you will get confused as to what to do and when. Coupon-mad is an excellent  poster and is a good lay rep to boot but I find the rest of the forum where she posts is a bit slower on the uptake. Some of the facebook groups deal with POPLA appeals only and others try and get you to buy the services of their star posters to write for you when that shouldnt be necessary.
    • Yep. PayPal because of protection  
    • You could either go against the delivery company or you could go against the supplier of the fridge. Depends on which you feel is the easiest target. Arrow are in Wigan. Crampton and Moore are in Sheffield. They are both liable to you in contract. Crampton and Moore are liable to you because they are your direct contracting party. If you attacked Arrow, their first response is very likely to be that you don't have any contract with them and that your contract is with Crampton. However, you would be claiming third party rights on the basis of the Contracts (Rights of Third Parties) Act 1999 which gives you all the rights of a direct contracting party as long as you are clearly intended to be a beneficiary of the contract and you aren't expressly excluded by the contract between Arrow and Crampton and Moore. I think you will have to take your choice. Personally I would go for Crampton because I don't think they shouldn't be let off the hook and I think they should take responsibility for the delivery agents – so to a great extent it's a matter of principle for me. If you go after Arrow, then Crampton will get off Scott free. If you go after Crampton, then Crampton will go after Arrow – which means that they will both be held to account – but Crampton will do your dirty work for you. Have you had quotations for the repair to the doorframe et cetera? Whoever you decide to go for, I think you will have to be very methodical. If you decide to go for Crampton then I think that you should write to them and tell them that you reject their position that your issue is with their delivery agent Arrow. Tell them that you consider that you are contractually entitled to a delivery carried out properly and that this did not happen. That you expect reimbursement of all damage from them and that is then up to them to claim from Arrow with whom they have a contract. I would then put Crampton/arrow on notice that you will be getting independent assessments and quotations for repairs to the damage caused by their agent and that if these assessments and quotations cost you any money then you will be adding this to the value of the claim that you eventually bring against them. You should invite Crampton/Arrow to visit your property and to inspect the damage for themselves and that they can do this by appointment with you at any reasonable time. Tell them that you will keep them informed at all times including giving them advance notice of visits by your own inspectors and that you will provide them with all copies of assessments and quotations and that if they will not step up and shoulder their proper responsibility – you will have no hesitation in suing them in the County Court. If you decide to proceed against arrow then you should send them a similar message – suitably amended. Then you should set about organising the quotations. As soon as you have made appointments, you should send Crampton (or Arrow) and email telling them the date and time and identity of the inspector and the cost which has been talk to you. Invite them to make any objections but tell them that they are notice. You probably need to send in this email seven days before the date of the visit by the inspector. Then once you get an assessment and a quotation, send a copy of it immediately to whoever you are dealing with so that they are fully informed. The idea is to make sure that you are completely transparent – that you have done your utmost to involve Crampton at every step of the way and that you have given them every opportunity to object – or to carry out their own verification. In that way, if the matter goes to court, you will be able to show to a judge that you've acted reasonably and in utmost good faith at every step of the way and that Crampton/arrow were fully aware of everything you are doing and had an opportunity to comment. That lot for starters
    • Yes it seems to be. These were challenged in  appeals some years ago, because the term for Total Credit read "Limit" or some other . There were also other prescribed term issues, sadly it failed, and I dont think they have been challenged since.
    • If it was an IVA it would have effected your property. Easy to get in not so to get out, whereas an agreed arrangement you can just walk away
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jayneuk

Jayneuk v Halifax

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Hi,

 

Been directed to this site by a friend. Just done my sar letter, but I'm a bit confused about where to send it to. On another site I was looking at it gave an address in Fife, then I saw one somewhere else in Yorkshire, or should I just send to my local branch?

 

Jayne.

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HBOS PLC

Trinity Road

Halifax

HX1 2RG

 

or your branch, it'll be tredirected via internal mail.

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Hiya Jayne,

welcome to the forum. The address is

HALIFAX PLC

TRINITY ROAD

HALIFAX

WEST YORKSHIRE

HX1 2RG


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Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Thank you very much. I will get the letter sent off tomorrow. :-)

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Hi Jayne

Take a few mins to read my thread - jaxads - it'll give you an idea of the timecales in my claim against the Halifax. Good luck!


jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Thanks Jaxads. Just read your thread. Hope my claim is as quick. I'm feeling a bit daunted by it all at the moment, thinking I am bound to do something wrong and cock it up!

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Just remember to stick to your timescales. You're calling the shots here, not the Halifax!!!!!


jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Ok TideTurner, thank you very much.

 

Does anyone know whether the Halifax tend to send out a list of charges or all the statements? If it's statements there will be a huge amount of pages because one of my accounts has been very active. God knows how I will get through them all and add it all up without missing any.

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Hi - I got a huge bundle of envelopes -- about 50 I think. There were 3 statements per envelope - what a waste!! When you go through the statements with your highlighter, each time you find a charge its brilliant!!!! You may need to sit down at the end of it when you add all the charges up - lol!!! I went through all of mine with a highlighter and then went through again with a different coloured highlighter and I'd actually missed about £200 worth!!! Definitely worth double checking.

Whilst waiting for your statements, its worth taking the time to read through the other threads and learn from them. I find this site so addictive, I cannot keep off it. Don't know who to take on next - tee hee!! Best wishes. jaxads.


jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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I'll get my highlighters ready then! To be honest, I don't think it will be a lot, because I don't remember having that many charges, but I'm sure it will be a couple of hundred or so, and definitely worth doing :)

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I got all mine in 2 envelopes. 1 for each account. I had a lot of fun with my highlighters. he he.

Be prepaid for the wait as they seem to be taking their time sending them out. But use the time to read up as much as you can.


HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Yes, I've got the sar ready to send.

 

Tideturner, I thought you shouldn't add the 8% at the start?

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The spreadsheet calculates the 8% from the start. Normally you would print a copy off without that column showing when you make your initial claim, but no harm in leaving it showing - although you cannot claim this until the case reaches court stage, if it does.

 

All claims made for repayment of charges are on the understanding that if the bank offers the full amount then you must take it and are then unable to file a case at court. If you do not reach agreement with the bank, and go to court, the court system allows the 8% to be added, plus repayment of court fees.

 

Some people also put in a claim for the £10 SAR fee, but it's not clear if this is a genuine claim as you have only followed the Data Protection Act rules in requesting your information. It's not an unfair charge by the bank as they did not determine this. Some add it in and get it, others don't.


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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OK I understand that. Thank you Hillards.

 

What is the part of the sar about manual intervention about?

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Also the sar asks for my whole banking history, but I have banked with them since I was 16 - shouldn't I just ask for the last 6 years? Sorry to be asking so many questions already.

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Under the Data Protection Act 1998

Schedule 8 Part 1 (2) provides: -

"eligible manual data" means eligible data which are not eligible automated data;

Banks have been known to deny access to information as it is held in a manual format (in a physical file).

Nobody writes information by hand these days, so if they have a physical file, the documents contained in it will have been created on a PC and are therefore held in a digital or magnetic format.

Regarding the time you have to claim, you have 6 years from the date of discovery of your loss. The Banks will claim otherwise, however, it is now becoming clear that as charges were made, the reason for such charges was concealed from the client.

Limitation Act 1980 S32 (1)(a),(b) and © provides: -

32 Postponement of limitation period in case of fraud, concealment or mistake

(1) Subject to subsections (3) and (4A) below, where in the case of any action for which a period of limitation is prescribed by this Act, either--

(a) the action is based upon the fraud of the defendant; or

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant;

or

© the action is for relief from the consequences of a mistake; the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. References in this subsection to the defendant include references to the defendant’s agent and to any person through whom the defendant claims and his agent.

You may therefore claim for all of your losses – then wait for a defence.

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Guys, get your lips around this post!

 

KAZZAW v Lloyds Asset Card - EVERYONE READ POST 15 !!!!!!

 

General Form of Judgment or Order

 

To the Claimant

 

kazzaw

 

 

Before District Judge ................. sitting at Lincoln County Court.

 

EX PARTE

 

IT IS ORDERED THAT

 

The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.

 

Dated 28 December 2006

  • Haha 1

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Oh dear, now I'm confused. Will I be claiming for charges over the last six years, or charges in the whole time I have had the accounts? (which in my case is since I was a child, presumably when my card cash account switched to a current account).

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Jayne

 

The normal course of action has been to claim the previous 6 years, from the time you became aware of the charges being unlawful. This is often taken to be the date of sending your S.A.R - (Subject Access Request) in, just so everyone worked to the same timescales.

 

During the process of reclaiming you are able to add any further charges added to your account, up until the time the case reaches the court stage. All you do is amend your spreadsheet and add a new copy with each letter you sent to the Hx or court. Once a case is lodged at court you have a set figure for the claim, but the 8% interest is added at a daily rate.

 

However, some people have gone back further than 6 years and have managed to claim their charges back. The Hx have seen saying they will defend such actions, but still give in before it reaches a court hearing. They just pay up and send a letter on the lines of it not being comercially viable to defend the case.

 

You're supposed to believe that's because it would cost them a bomb to attand court with their solicitors, but reading between the lines it is because they are unsure of their ground and don't want to risk the court saying they have to pay up. This would open the floodgates for many more cases to be settled without needing a full court hearing as the Judge would be given details of such a case to influence his ruling.

 

The Hx just try and make it as difficult as they can in the hope they'll put you off, although there is always the risk it would go to court if you are doing something 'different' like this. I'm sure there are a few threads about where this is discussed further:

http://www.consumeractiongroup.co.uk/forum/halifax-bank/51169-missy-halifax-over-6-a.html

http://www.consumeractiongroup.co.uk/forum/halifax-bank/41508-over-6-years.html

http://www.consumeractiongroup.co.uk/forum/halifax-bank/30737-thurley-halifax.html

- there may be more, that's just from a very quick search.

 

In the end, it's up to you if you want to go further than the 6 years. You have to make sure any communication you send states what your claim is, and quotes the correct legalities I would imagine. Most people have gone for the 6 years and been happy with that from what I've read on here.


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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Hmm don't know what to do. The Thurley thread seems to end rather abruptly and with no conclusion, so I'm thinking maybe it's best to just stick with the 6 years and not get greedy! I will wait to get the statements anyhow, and see what the figures are.

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A few days ago!

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The Limidation Date should commence from that date if you can show concealment S32(1)(a)(b).

 

It is also considered to be the date that you first complained to the Bank. I am claiming all of my charges, in the belief I didn't know the charges were unlawful until recently. I am also claiming damages for loss of appreciation on my property, stress and relocation expences.

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