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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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Hi all,

 

I have just registered with the site and I am now encouraged to proceed with my claim. One initial question I have is relating to the Subject Access Request, if I enter the details of two bank accounts in this initial letter, do I need to send a £20 cheque instead of £10?

 

Thanks

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Sar is about you, the subject, not a/c's, so 1 DPA request + 1 £10 fee,mention both a/c no.

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Excellent, that makes sense actually. Just printing off the letter now :)

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I know its what the bank wants me to do but I am close to giving up. I sent this letter on the 7th August 2006:

 

Halifax plc

Trinity Road

HX1 2RG

 

7th August 2006

 

 

Data Protection Act 1998 - Subject Access Request

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxx and also xxxxxxxx

 

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

================================================

 

 

I then received this letter on the 29th August 2006:

 

Dear Sir / Madam,

 

Completion of request for a list of transcations and charges - xxxxxxxxx & xxxxxxxx

 

Thank you for you letter requesting specific information on your accounts with us. I can that copies of duplicate statements have been ordered and will be sent under seperate covers.

 

With regards to your request for information relating to manual intervention of your account, HBSOS plc is under no statutory obligation to record this information and therefore, I am unable to assist further with your request.

 

Should you have any general account queries, please contact 24 hour banking on 08457 20 30 40.

 

Yours faithfully,

 

N.J Inett

Data Protection Consultant

Business Risk - Retail

 

 

================================================

 

I have not received any details of my statements, not heard from them at all. Can anyone advice?

 

Thanks

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They are agreing to send you your statements, which is all you need.

 

They would never tell you if manual intervention was required and you dont need this for a claim.

 

What is the problem?

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It has been 3 months and I have not received my statements.

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I have just typed up a letter to send to them:

 

Dear Sir / Madam,

 

In your letter dated the 29th August 2006, you stated that you would be sending out duplicates of my account statements (See the letter you sent me attached).

 

It is now over two months on and you have not sent me these. Is there a reason for ignoring me?

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Is it normal for statements to take this long?

 

Thanks.

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yeah, please.

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Thanks for that.

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Don't give up .. this is what they want you to do!

 

Do as Karnedevil says.. pronto :D

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Thanks all, nice to know that there are people to help here.

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They have 40 days I believe if it is any longer than this you can report them to the data protection commisioner.

 

threaten them with that :)

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i think you mean mean Information Commissioner


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Yeah thats the one ;)

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Please dont give up that is exactly what they are hoping you will do..Know it is annoying frustrating etc etc but it will be worth it if you have money to be repaid. I am fighting MFI at mo and feel so close to giving up but that little voice inside my head says 'dont let the buggers get away with it!' See post if you are interested!

 

Bargaingirl

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Hi bargaingirl

 

Read this it may encourage you!

 

Their was a Pike in a fish tank which was fed six little minow fish everyday

 

One day they then put a glass frame down the centre of the tank, the Pike was at one end and they put six minows at the other end.

 

Now the Pike could see the minows, but everytime he tried to get to them, he would hit his head against the glass frame, he kept trying for about two hours, but eventually give up and just swam around.

 

They removed the glass frame from the centre of the tank, but the Pike still did'nt come across to the minows, because he thought the barrier was still there, in time he died of starvation.

 

This was of course due to the Pike's own attitude of mind, the barrier was not even there, he just thought it was.

 

Don't give up

 

Keep moving forward you will win in the end.

  • Haha 2

Hello everyone I'm a newbie to this forum, or any forum come to that, so be patient with me as I have alot of unanswered questions that I wish to find the truth about.

 

These include bank charges, what my rights are and how I can go about my business without getting ripped of by the banking system and others.:confused:

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Thanks Kingdom, will do my very best! But MFI just dont care!

 

Bargaingirl

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I think we all have days when we feel like giving up the fight.. Ive had a week or so recently like that myself..But with the encouragement of others on here Im glad to say I found my fighting spirit again and Now Im gunning for certain companies..lol Sent the a Final Letter Before Action today and If I dont say so myself it was a belter..should shake them up a good bit..lol

 

Never Give Up..maybe have a wee break to recharge batterries though ..lol

 

Keep up the fight, You have all of the CAG Gang behind you ..

 

Ian


Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Dont give up, get angry, then get even !!

They are just playing for time and trying to put you off.

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Hi, today I got exact same letter (word for word) that you got. Are you gonna send below letter now or have you sent it. I seriously feel like giving up too.

 

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully

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Hi all, in the Preliminary Approach for repayment letter it says that I will enclose a schedule of the charges which I will be claiming. What do I include in this schedule and is there a template to use?

 

Thanks

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Use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

Save it (for use later at court), then delete/hide the last 2 columns (8% bits) and print out as your schedule of charges.

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Do you have to claim the 8% apr?

 

Thanks

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