Jump to content


  • Tweets

  • Posts

    • Hobnail you don't know Elms too well yet. I am surprised that they got as close as they did to adding up to 30. I think the poor dears get confused because most other letters they send out are to give 28 days notice. They even  have difficulty with their two times table and often consult with the char lady to confirm that 2 plus 2 equals 4.  Just act on the notion that they are total numpties and you won't be far out.
    • To carry on from the above post it may be helpful to go through their WS using their numbers. 9] motorists do NOT accept the contract when entering the land. First they have to read it and understand it and then they realise that a] "No stopping" is prohibitive and cannot offer a contract. b] the signs around the bus stop do not mention who issued the No Stopping signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and the creditor be identified.  10]There is no mention of £100 charge for breaching the No stopping request or if there is it is far too small to read even for a pedestrian. 11] no matter how often VCS say it, it is NOT a contractual clause   22]" the claimant has given the Defendant its contractual licence to enter the site". No it hasn't. This is a road leading to the airport. All sorts of people are going to the airport-travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers, buses. It is absolutely ridiculous to attribute VCS wth any sort of permissions. The land owners yes, but not VCS . There can be no sort of analogy between a car park and a major thoroughfare where VCS have no place as it is not relevant land.   23] there can be no contract as there is no offer only a prohibition. And it is not relevant land no matter how Mr Walli attempts to prove otherwise. 25] VCS may have won a few times but none quoted was on an airport covered by the RTA and its own Byelaws. They also have lost more cases than they have won using their prohibitive signs. 26] First one has to consider if there is a contract. Is it relevant land? No. Does a valid contract exist betweer VCS and Peel? NO.  27] the signage at the bus stop may show the conditions ie  no stopping, and restricted zone but not the terms ie is there a charge for stopping and who is the creditor. The last section of the sign is illegible  29] already stated that a WS between VCS and peel is not a valid document 31] it will need more than the Claimants feather to outweigh the case against the Defendant no matter who was driving. 32] there is no law of agency involved. This is not a case of employer/employedd relationship. VCS are muddying the waters because they have no way of transferring the driver's liability to the keeper 33] this a red herring. There is no list of highways at all  on the Highways act 1980 so this is a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. 34] there ican be no comparison between a railway station and an airport. Totally fatuous analogy.  35] yes the landowners can bring in their own terms but what the cannot do is overrule Byelaws and the Road Traffic Act. 39] surely the paralegal cannot be that ignorant of PoFA. If Bye Laws are involved then the bus stop is not relevant land and so the specious argument about FGW is rubbish   36] what on earth is he talking about with Permits. There is no mention of permits on the signage and even if there were  would it mean that Permit holders were allowed to stop on No Stopping roads? There are enough examples on CAG to counter act their idiocy on continuing charging the extra £60   46] VCS had NO reasonable cause to apply to the DVLA for the Defendants details. No valid  contract with the landowners No stopping is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for a motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP so not valid the WS contract does not appear to authorise VCS to pursue motorists to Court Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   48] what is this guy on? You weren't in a car park you were on a bus stop 59] this case is totally without merit. I am not surprised that the paralegal will not be turning up. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. Could have been said in at least half the time without the repetition and trying to make a case where none was there. One particularly bad example of misdirection was in the photographs. The Clearway sign shown near the bus stop is very unclear  unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.      
    • just type no need to keep hitting quote...   your defence doesnt need any return of docs.. carefully read what has been posted here and in the other threads i pointed to in your old thread merged here too.   redwood/harwood or STA or brachers.   just use our enhanced google search box.   uni fees is useful too.   this guy is just in front of you    
    • Tech firm CEO Jeff Lawson warns bosses not to make hasty judgements about their employees.View the full article
    • I have just spent last few hours registering and signing up and filling in all the details.   Below is a POC I have drafted.   The defendant is a parcel delivery company DPD (UK) LIMITED On 09/08/2021 the defendant agreed to deliver the claimant's parcel containing a PlayStation 5 Disc Version value £530, to an address in the UK. The delivery fee of £7.79 was paid by the claimant. Parcel tracking number: ???????? Parcel reference no: ????????? The defendant failed to deliver the parcel and have reported it as lost on 20/08/2021. The defendant refuses to refund the full value of the item and the delivery fee. The claimant seeks £530 being the value of the item, £7.79 delivery cost and legal fees.        (Sorry for being stupid but this POC is supposed to go where it says    " Claim details Why you believe you’re owed the money: " right? Reason why I'm asking is because I don't see anywhere it specifically says what are your particulars of claim)   Tomorrow being the 15th day, I will be ready to click it off (assuming the POC is ok)    I have read a few more hermes/packlink etc stories where they were resolved and gives me hope I will regain my lost money.  Will carry on reading up as much as I can.  
  • Our picks

Halifax, prelim letter help ** WON**


delilah 9
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5184 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

My cousin has asked me to help her with claiming back her charges from Halifax. I have a question which i need help with though with regards to the prelim letter and the dreaded interest question.

 

Going through her statements I find the amount she has been charged (charges as notified), then a small amount , always less than £1 (interest debited-notified last month). Should this small amount be added to the schedule of charges or left until LBA? I want to get this in order as she is claiming back just short of £3,000.

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

  • Replies 73
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

The interest can be claimed but it has to be propotioned to the charge, so no the total interest debited is not claimable. If it is just a small amount, maybe you should just go after the charges on their own. Use one of the spreadsheets in the bank templates library to list all of the charges. Do not delete the entries already there, just type over the top of them and then delete the ones you don't need. The interest worked out on the spreadsheets relates to 8% interest which is only claimable at the court stage.

 

any problems - just ask

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Link to post
Share on other sites

Halifax Plc

Trinity Road

Halifax

West Yorkshire

Hx1 2rg

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. .

Link to post
Share on other sites

Thank you, everyone is so very kind on these forums:D. Got to help my son too, i think that is why she asked me.:) Didn't tell her I am getting help from you kind folks, I'll more than likely return with another daft question.:o

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

I am in the process of completing the prelim letter to Halifax for my cousin but not sure how to word the 'What I require' bit?

 

Her statements only show 'charges as notified', there is no breakdown of what she was charged for.

 

Can someone help please? :)

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

I am in the process of completing the prelim letter to Halifax for my cousin but not sure how to word the 'What I require' bit?

 

Her statements only show 'charges as notified', there is no breakdown of what she was charged for.

 

Can someone help please? :)

 

in there you put how much they owe you in charges, and if you are claiming it the overdraft interest. Be aware that you can only claim the od interest that is a direct result of a charge, if you are unsure of this I would leave this amount off.

 

 

 

 

 

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.

Link to post
Share on other sites

Thanks, it's all still a bit confusing as she does not have a OD set up because her bank refused it when she opened her account a few years back.

 

Each and every charge on the statements is listed as 'charges as notified' and that is what I have on the spreadsheet ready to go. There are very small charges of 'Interest debited-notified last month' but I have left these out.

 

Sorry should have used the other thread I asked questions on the other day.:o

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Thats fine, also I shall merge the threads.

 

 

 

 

 

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.

Link to post
Share on other sites

  • 2 weeks later...

Ok, it's time for the LBA letter to be sent. I printed off 2 sets of charges schedules originally but left the 'days since offence' column on. Obviously those will be different now so do I have to do it again or can I just send it as it is?

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

  • 3 weeks later...

Hi, my cousin received a letter today which acknowleged her LBA sent 4th May. They have told her that they will contact her by the 19th June with a proper reply and after investigating her complaint. So it's time to get the ball rolling for court I would think. She is a bit concerned as she doesn't get paid until the 7th June and is worried about the court fees. Do these fees have to be paid when you file in the small claims?

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Yes all court fees have to be paid at the time of the filing, unless you are exempt.

 

Here is the list of court fees...

 

County Court Fees

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. .

Link to post
Share on other sites

  • 1 month later...

Hi, almost completed the form N1 but can someone help me with 5a & 5c section please? I'm not claiming the OD interest just the 8% so do I leave this bit off? *and any interest charged thereon;*

 

The date money became owing to you would be the date of the 1st or last charge?

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

You dont need to fill in that bit.

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. .

Link to post
Share on other sites

Is this right?

 

1. The Claimant has an account ******** with the Defendant which was opened on 30/09/2001

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £3037.00

 

b) Court costs;

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from ??/??/???? to 22/06/2007 of £672.36 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.66 (calculator actually came up with 0.668 14)

 

 

I believe that the contents of these particulars of claim are true

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Yes just follow the template, and put in your details,

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. .

Link to post
Share on other sites

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from FIRST CHARGE to 22/06/2007 of £672.36 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.66 (calculator actually came up with 0.668 14)

 

Did you not use the spread sheets as this works it out for you. It makes no difference.

 

It looks fine.

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. .

Link to post
Share on other sites

No you still need to fill all the POC in.

 

It was just with you saying you had used the calculator to work out the 8%.

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. .

Link to post
Share on other sites

Ok, thanks for your help SSL. Off to deliver this lot to the courts now after getting my cousin to sign it. I feel stressed out asking what I think are dumb questions, but the money isn't mine worst luck.:o

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...