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    • Well, we live on the same road so it should be the same postcode. When I spoke to dpd and asked why were my neighbours' address not on the list and she said maybe they're not of the same postcode and I checked and they definitely were.
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    • all DYL's are subject to a TRO. looking at this newish, ever increasing as old ind units have gotten removed, estate, there are only lines on one side, on the other there is a parking lane with traffic calming through which you mention. i seriously doubt your mate has any clue what he is talking about.!! its not a private housing assoc estate. so its a public council owned road. no construction co can just decide to draw their graffiti on a road. the DYLs are certainly there pre 2016 even before his home was built. now ive had a quick look to see if the main access to royal park road has signs. there is no royle park road even on your map but there is a royal barn road which leads to where you are parked royal road has a restriction sign on the pole by the fence of the electric substation jnc with gipsy lane there does not appear to be one leading in from the other end - tesco petrol station
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Morgan054 v Halifax - **WON**


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Hi Just thought i'd do a quick update on story so far and ask a question.

 

Halifax filed an Acknowledgement of Service on 3/8/06

 

The Defendant responded to the claim indicating an intention to defend all of the claim

 

The defendant has 28 days from the date of service of the claim form with particulars of claim, or of the particulars of claim to file a defence.

 

 

 

 

1. Is this the date from my original claim being filed ie. 25/7/06 or from the above date 3/8/06

 

 

If it is the former date then I should be able to obtain judgement by default first thing Tuesday

 

If it is the latter then 3/8/06 it is.

 

Bear in mind it is a holiday on Monday they will then have three days in which to comply or submit a defence. I have had no correspondence from Halifax since so now dont know what to expect.:confused:

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They have 28 days from the date they were deemed to have been served to file a defence.

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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They have 28 days from the date they were deemed to have been served to file a defence.

 

Sorry to sound thick, they were deemed to have been served on 27/7/06 so the 28 days was 24/8/06 am i right?

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Indeed you are - check with the court they they have not entered a defence, but more importantly with the Halifax, check the account - they have probably paid up already.

 

If not either, seek Judgment in Default - YOU are now in the WINNER'S ENCLOSURE!!!!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I've checked online account nothing paid in, so my plan of action was first thing Tuesday

 

1.Ring ICO for update on complaint filed with them

 

2.Ring County Court first to check if they have filed their defence

 

3.Wait for post 10.30ish just in case its full of statements:rolleyes:

 

4.Depending on results above off to Court to file

 

 

Really looking forward to Tuesday:D

 

Thanks everyone for advice wish me luck

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Quick update, went to court today but because of Bank Holiday they have an extra day to file defense

 

Close of Business today is the deadline so will be ringing court at 10.05 to check, if not it will be automatically processed as i left the declaration slip signed as it is so far away from me.

 

 

So wait again till tomorrow to read the next exiting episode:D

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Well surprise surprise no defense filed by them, so obtained Judgement by Default this morning, just wait again now,

 

I suppose they will apply to have it set aside no doubt unless of course one of their nice workers delivers the goods and pays up:D :D

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Do you think they'll send you your statements now, or will you just get money?

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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Iv'e had a letter dated 30/8/06 from a Rachel Hinchcliffe saying that according to their records the S.A.R - (Subject Access Request) has been complied with and they will be sending me a cheque for £40. :rolleyes: so i emailed this back to [email protected]

 

 

 

Claim No 6WX01273

 

Dear Rachel Hinchcliffe

 

 

Regarding your letter dated 30th August 2006 I have received today, I would like to clarify that I have not received any statements at all, that is why I instigated County Court proceedings, and until such time as they are in my possession I will proceed with County Court claim.

 

You have indicated in your letter that £10 fee will be refunded, however my County Court claim of £10 was for the extra costs of sending 2 x Registerd Delivery letters plus stationery trying to get you to comply with Data Subject Access Request, the initial fee was not requested to be refunded.

 

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents, I estimate this cost to be......£10.00

 

 

 

I trust that you will give this your most urgent attention as I have been waiting for my statements since May

 

Recieved a reply which said she would look into it then sent me this one

Dear Mr Morgan054

 

I have received confirmation that your request has been processed today, and the statements will be sent to you shortly.

 

I have also arranged for a cheque for £40 to be issued, and this will be forwarded to you within the next 7 days.

 

Regards

 

Rachel

 

R Hinchliffe

Litigation Lawyer

Legal Services - Retail Division

 

I missed postman on Saturday who had a signed for package for me? Could this be my statements:eek: Find out on Monday

So if you are in or near the same stage as me email or ring Rachel Hinchcliffe

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Got my statements today at last:lol: all 110 pages

 

Also had Judgement for Claimant N30 from the Courts today, just the cheque for £40 needed and i'll cancel claim:rolleyes:

 

Did a total of charges and got £1757 so off with the prelim letter later, see how long this takes for a result only they should know i mean business now:grin:

 

Thanks to every one for the encouragement received so far and the invaluable info on this site

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Hi close I have PM'd you with link:-)

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Got my cheque today for £40:lol: :lol: :lol: :lol:

 

Small victory but worth it

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Got my first reply to prelim usual,

 

"We are sorry you are not happy with your charges applied to your bank account"

 

Too right i'm not

 

Took ten days to get from Halifax head office to customer relations in Leeds:rolleyes:

 

Only a couple of days left before LBA gets sent

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Sent off the LBA seeing as though i've had no positive reply, also had a suprise in the post today, my credit card statements well before time this time, must have been that N1 that did the trick:D

 

Total £500 from c/c so prelim off to them tommorow

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  • 4 weeks later...

It's been a month... Morgan where are you? I'm so glad to have read your post. It's the only one I've seen with a real live county court judgement issued. It gives me hope, because it looks like I could be doing that soon.

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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It's been a month... Morgan where are you? I'm so glad to have read your post. It's the only one I've seen with a real live county court judgement issued. It gives me hope, because it looks like I could be doing that soon.

 

Hi Guapa,.... Sorry peeps been hectic with work which has made me neglect my claims a bit so just to update, Just finished preparing ANOTHER N1 for the Halifax with interest etc so that will go off on Friday, way over time i know, but... And to throw another spanner in the works the barstewards have sent me a default notice for my credit card, so looks like another fight coming on8-)

 

 

I cant believe there is only mine (fame at last lol) with county court for Data Protection Act but stranger things have happened, like the banks paying up with the first letter:lol:

 

The Information Commissioners Office has also sent me not 1 but 2 letters about my complaint, not that the banks give a t**s about them, but still nice of them to remember me.

You can complain, just dont expect any miracles and file for County Court instead. Or email the now infamous mailto:[email protected]

 

 

 

 

However if you need any advice as to what i put in your welcome

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Well your the only one I've found on the Halifax section. Enjoy your fame! LOL

 

Thanks for the invite of help. If I don't get them after the I send the non compliance letter, I may just be taking you up on that.

Take care Morgan :)

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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Great read your case morgan, fair play to ya, little behind you at the moment, the 40 days have passed on my request for statements and no reply, sent off wednesday 25/10/06 the non compliance letter, hoping the statements will show up. your case sounds like stress and hard work. lol, just printed off the court forms in advance. might need your help later mate if you dont mind. rgds Ave

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  • 4 weeks later...

Ermm.. Morgan, it's nearly another month! What's happened hun? I'm taking you up on your help offer, come look in my thread.

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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Well time for another update, filled in the N1 on the 8th November, sent by courts on the 9th "deemed served on the 11th, the Defendant has until the 27th November to reply"

 

Guess what:lol: They have'nt!!!!!!!!!!!

 

Phoned the courts today and they say i can apply for judgement after i sign and return the bottom of N205 form (Notice of Issue) which is sent to you after you file at court.

 

Can't get there today so it will have to wait till tomorrow, another day wont matter, i've waited this long:rolleyes:

 

I dare say someone will see this from Halifax (Cos they're watching) and will be panicking to either get a set a side(with some excuse like they never received it lol) or even dare i say it PAY ME!!!!!!!!!!!!!

 

See what tomorrow brings

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Can you fax it to the court?

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Sorry jonni could'nt get back to pc, so too late to try that one, will they accept it by fax?, i'll ask while i'm there tomorrow just in case i need it next time;)

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