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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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jayneuk

Jayneuk v Halifax

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If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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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


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

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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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