Hi Ploddertom, Yes, we put in a request for unauthorised exceptional circustances - but did not get the refusal until the day before we traveled as the school said it was in my daughters tray at school. The head said she would normally approve this request but it was now out of her hands and now NO headteachers are allowed in law to authorise term time holidays... Is it worth trying to fight this or am I just wasting my time?? Cheers

Hi Bazooka Boo, Exactly.... I am more concerned at some faceless entity telling me what I can and cant do with my own daughter!!! Yet the cheeky so and so's have days off for "teacher training" and days off to strike - but this does not affect my childs education???

Hi, I have recently received a Penalty Notice from my Local Council for taking my daughter on holiday out of term time. The new regulations came in on September 2013 from DFE. I was unable to take a holiday in term time as I am self employed and this is my busiest time of year and only had some time available at the end of September when I had no customers or bookings.. I do not want to get into an argument about the moral implications of holidaying out of term time, every case has its own reasons etc.. My question is that can I fight this from a legal stand point. The penalty notice has come on a standard council invoice, therefore is this legal enforceable? My question is that this is from Education Welfare Services, whereas we have never had anything to do with this service as it is for parents who do not look after their childrens welfare and for problem children. My daughter is only in year 3 yet achieving year 4 standards. Please can anyone tell me if I can fight this - as I am sure there will be lots of parents like me around the country Thanks

Hi Guys, Just a quick update on my case. I was in court today, what a farce. Unfortunately the DJ found in favour of Cabot!!!!!!!!!! The whole experience was a bit of a disappointment, it seemed as thought it was just a club for select individuals, a rep from Cabot didnt even turn up. I thought the courts were a place of law, not just what do ya reckon hearsay crap... Well to sum up. I had filed my N268 "notice to prove" a week ago. Asking for the claiment to produce the original credit agreement and put them to strict proof that the default notice and notice of assignment were served. It started ominously by the judge asking if they had the said documents and in my preliminaries i strongly suggested that if the claiment could not provide the original credit agreement then there was no case to answer. He asked why i had not contacted Halifax to see it if thats what i wanted, why had i left it till court to ask to see the original. Err, guess he didnt get it!!! He dismissed my notice to prove and said that it was filed too late, a week before the hearing? Note to newcomers - ask to see the original well b4 court date!! I did not get the court bundle of docs before the hearing as the solicitor did not put enough postage on the parcel and therefore it remained undelivered. I still have to go and pick it up yet!! The solicitors even said under oath that the original did not exist and they have never had it. Just to add to the comical value, the bundle did not include my 9 page defense and had only my ****e first copy before i knew what i was doing. After much confusion when I got my copy of the defense out so they could read it, the judge asked why this wasnt filed. After the usher found my copy and found the date stamp of 12th October on it the judge adjourned so the claiment could read it and digest it. As i really did not know court protocal i was a a major disadvantage as i did not cross examine properly or force salient points across. This would have been a waste of time anyway, because i could tell from the beginning that they viewed me with utter contempt and the judge had no intention of following or implementing the law. In summing up he said that just because there was no proof that the default notice had been sent, he beleived it had, although I said I have never had one. Then on notice of assignment he also said just because there is no proof it was sent, it didnt matter. Why was i so bothered about wanting registered proof!! He then went on to say paragraph 196 of the law of property act was not relevant and quoted then said he had googled the said law and read from paragraph 136 saying 196 did not relate to the consumer credit act. All in all a bit of a whitewash, even when they were trying to add up the cash loan and ppi they got different amounts, they even got the amount to be added wrong at the end and the barrister said "im not as good as your honour at adding up", please - i nearly blurted out "stop licking his ass" (but did not want a contempt of court aswell!!) I had loads to say but didnt know when or how to say it, i thought if i had my own barrister i would have tied them up in knots as they seemed clueless. The experience was decided b4 i even got there, i have heard that the DJ's in Hull are biased toward the creditors, but i didnt really believe it - oh well. When they were even cross examining me and asked if the signature on the page was mine, i said i cannot confirm or deny as it is an illegible photocopy and wanted to see the original. By the end of the summing up i was rather peed off, so when the asked if i had any objections to the costs i just said, Nah - add what you like. So they added an extra 4 grand to the total!!!!!!! Now i know what a bunch of spineless retards DJ's are i intend to appeal and get a judge that knows and is willing to enforce the law. Thanks anyway to everyone that has helped me. We fight on.........

Cheers for that, good stuff, i have already filed my defense and alluded to some of the points. To re-cap i have never received a NOA (they cobbled one together for the POC and on the top wrote "a representation of one sent"), never received a DN or Termination as i was in dispute with my all my accounts with the Halifax after they added over 3k of charges.... Just as an extra, when do i file my witness statement and have you got any ideas for a skeleton for the judge?

Thanks guys, Thats brilliant, just what i was after. I am in court in 19 days so am a little nervous and am reading up like crazy. thanks for all your help, at least i know ive got likeminded people behind me. Will keep you updated on the outcome. Im sure they will try and confuse and undermine me, but at least ill be a little prepared...

Thanks citizenB, The reason i ask is that obviously the claiment has photocopied the credit agreement and included in POC. When i asked for the deed of assignment they sent me a redacted copy of an agreement between BOS and Cabot, although the agreement was with the Halifax!! anyhoo, in the DOA it stated that cabot were the official data controller and all information about the client will be transmitted digitally. Therefore i suspect that they do not hold an original copy? So i want to submit a N268 when file my witness statement (i already have a N268 from the court) I remember seeing a post from somebody that says that very rarely will a court enforce an order if the original cant be supplied. Thats what im hoping for anyway Once again thanks for your help.

bump, bump, bump

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Has anyone got any advice on how to fill in, or what to put in a N268 Notice to prove I have a court date of 19th Feb cheers

I really find it hard to belive that the consumer is not protected by either the CCA 1974 or Distance Selling Regulations 1998 and is not provided with an option to cancel when entering a regulated agreement. I dont know if this is any good or relevant, but as you are an expert i thought it might be of interest to you....... http://http://www.gov.ns.ca/legislature/legc/statutes/consumpr.htm but according to the Consumer Protection Act 1975... Required Contents of Contract 25d(1)d A contract shall set out the conditions upon which the contract maybe renewed, cancelled or rescinded Any claim against the contrary to this Act will invoke s28 and void the contract You probably are aware of this, but hey it might be of interest to someone!!!

Sorry but im not "feeling the love", these one line responses are not really helping me, when i read other threads it feels like all the caggers are joining in for a discussion to help and find a way around problems - oh well looks like im on my own..... I think ive got my head round it a bit - so what you are telling me is that by virtue of s67 my agreement is non-cancellable. Therefore the financial geniuses at HBOS, responsible for the largest financial loss in British corporate history, have found a way around the Consumer Credit Act 1974 and 2006. And do not havet to adhere to regulations enforced by the Financial Services Authority and the Office of Fair trading!!!!! I do not and will not accept this and as im a very stubborn git im off to find a way around this.................

oh dear!! You are right about trying not to confuse me, I dont want to go on and on but surely the home is a place away from business premises? I am totally confused now, thanks for the links but that has given me more points to think about. What was the outcome for Moorhouse Services V Kabir, where can i find out some more info on this. Many thanks

OK, the story so far. An agent from the Halifax rang me to see if i needed/wanted a personal loan. I obviously said yes but said I didnt think i could get one due to having an impaired credit file so didnt want to waste her time. She said she would see what she could do, if it goes well i will get a form to my house by courier then all i had to do was sign and hand back to courier. A few days later a courier arrived with a package and i just signed some forms on the doorstep and he took it away with him. This is highlighted in the bottom right hand corner of the form that this agreement was to be delivered by courier!!!! This is why i think that it is a cancellable agreement - i dont think i even got a 2nd copy of the executed agreement with a Halifax signature on it.

Hi Car2403, Thanks for your reply, you are right to highlight certain points as not to get my hopes up, im fully expecting to get trounced in court, but it is worth trying to put up some sort of fight instead of rolling over to the likes of Cabot Nothing was heard back from the cpr18 but they did respond to the 34.14 and sent me a deed of assignment from Bank of Scotland, although we all know that they are a part of Halifax, i have never had dealings with BOS? Should they have highlighted this in any paperwork or regulated agreements. I am new to all this consumer credit issues but have gained my knowledge all from this fantastic site, although my knowledge is increasing slowly i may use it and interpret it incorectly. Please forgive me as I am not a legal expert, but what i have gleaned from this forum is why I am a little confused. My agreement is a cancellable one, and this is not highlighted anywhere on either document supplied in POC. So therefore it does not contain all the prescribed terms does it not.. therefore it is inproperly executed and not enforceable As this great site has sparked an appetite for knowlege i have been reading all i can, i have just read "Essential Business Law - consumer credit" by Paul Dobson and this is an interesting paragraph Just another quick question, you have looked at the figures and they work out. Could you explain why the calculations below taken from the CCA I guess that i had better draught another (shorter) defense any ideas... Thanks anyway for you help:sad: