Sorry to disagree with you, Pat. There is a right to light in so far the proposed development may affect the functioning of the building (dwelling). The most common way of assessing this is using the 45degree rule - draw an imaginary line from the centre of the affected window and if the proposed development crosses that line then there may be a case to answer. What is important is that right to light is in no way a planning issue. It falls outside the remit of the town & country planning act so any action taken must be by the affected owner independent of the LA and should take the form of an injunction prohibiting the construction.

Well, I'm sure someone with a better understanding will provide a more lucid analysis, but to me the judgement would seem obliterate any other part of the act than putting one in fear of violence. Please tell me I'm wrong?!

Have a look at Conn v Sunderland City Council

Auntie One word of advice, if you don't mind. LOG THE CALLS. 20 a day is harassment, pure and simple. It must be awful having to deal with it.

It really is a juggernaut of an organisation, DM. The front line soldiers have absolutely no idea of how it all works. Today I spoke to 6 different dept's there trying to speak to a person that apparently doesn't exist, but signed a letter posted two days ago.... sheesh I believe it is this parkinsonianism, rather than any real malice that keeps getting them into trouble ...

Well, its quite likely that they have a poorly scanned copy sans terms. And... it may take quite a while to come unless they've improved the archive retrieval

How old are the agreements, Auntie?

Thanks! I'm still grinning like a Cheshire cat

Hello BW This is fairly typical of the record keeping of a certain age at HBOS - I have one just like it! Utterly, irredeemably unenforceable. Hang in there. Their bark is much worse than their bite. Have a look at: http://www.consumeractiongroup.co.uk/forum/general-debt/119530-what-would-you-do.html Regards Rosie

Hello Well, we had a nice surprise in the post this morning: a Notice of Discontinuance from a Mr Ballantine at Sainsnbury's Bank (alias Blair Oliver & Scott). Now all we have to do is secure the default removal.... and one or two other things that need to be addressed.

Thanks, all, for such an interesting debate. I will be asking an acquaintance who is a clerk.

Hello all. After a hectic morning trying to get windows fax to function I finally got the defence off. Thanks very much for all your support and kind advice so far. I'll be sure to keep you posted. Oh, and btw, I have the recorded delivery slips for all communications.

have a quick look at: http://www.consumeractiongroup.co.uk/forum/general-debt/119530-what-would-you-do-2.html#post1222911 for a quick timeline of events The POC are: £xxxx.xx. Pursuant to a credit agreement entered into by the parties, full particulars of which have been supplied hitherto. Agreement dated xxth of xx xxxx

Hello Acknowledgement was filed at the end of last month - same time as the disclosure letter. The defence is due Mon 12th.

Here's a stab at it (based on Tomterm's).

One question... by asking for the removal of the default marker am I, in essence, making a CC?

Wow! Thanks for all that advice, everyone. It is very appreciated. I will leave the door open for a counterclaim, but will not go there just yet. I need to undertake some serious research before following that path. I'll post up the defence a bit later Thanks Rosie

Thanks for your support, guys. One more thing.... About TS refusing to give copy letters. Does anyone know exactly where in the Data Protection Act it states that I am not entitled to my data if TS have it? I know there is provision to exempt some watchdog organisations, but I thought this wasn't a blanket exemption. That it was only relevant where to give subject access might prejudice the running of that organisation. And... Does anyone know if the point I made in #1 is true or is the case (as I suspect) that it would only be inadmissible if the court had ordered the disclosure? I'm off to do some reading

NP Here’s a rough timeline: Oct 06 - Request statements to recover charges and copy of agreement Nov 06 - Receive statements, they show about 300 in charges. Receive letter saying agreement will sent under separate cover. Write to ccp explaining their default and informing them that until such time as I get sight of agreement payment will be withheld. Telephone harassment begins - up to tens calls a day, 7 days a week. Practically the only day they do not call between now and mid March is Xmas day. Dec 06 - write to ccp concerning telephone harassment - ignored. Jan 07 - Report matter to TS. TS write to ccp telling them to cease harassment and I am correct in withholding payment. TS letter asks for compensation for harassment mentioning PfHA and AJA'70 - ignored. Also told to stop publishing data whilst in default. ccp write and say that the agreement was sent in Nov - I put them to proof in letter, which was ignored. Reported to OFT Feb - TS pass matter to enforcement section. They also write to ccp - ignored. March - TS finally make contact - Telephone harassment stops. Am informed by TS that they will start an investigation for breaches of s40 of AJA'70. April - Poorly scanned copy application form sent to TS. No terms, mostly illegible. May - I write to inform ccp that agreement is irredeemably unenforceable and make DSAR for call logs - ignored. Harassment begins again, though only 3-4 calls a day and not every day. TS dragging their feet. June - Default notice received. Amount includes charges etc., Dated 5 days before receipt - giving 24hrs notice. Harassment stops again. TS seem to be getting cold feet after being told by bank's local TS office the agreement is both enforceable and that it satisfies s77. July & August - Abroad. Copy statements sent again - presumably in response to the DSAR for the call logs. Sept - TS finally back off despite having CCA and SI-1553 explained to them though they promise to act as a witness should need arise. Refusing to send actual copies of correspondence, quoting Data Protection Act, TS promise to send precis of all communication between themselves and creditor. Reminder sent to ccp re call log DSAR. October - Court claim issued - File Acknowledgement - request disclosure In amongst this there are plenty of threatening letters from the ccp, e.g., "last warning before legal action," "people will call at your door" etc. They have had the law explained to them by both TS and I on numerous occasions and chosen with full knowledge to act in breach of various Acts. The harassment was awful – they robbed us of our home, for months. This organisation, in particular, seems pretty odious to me, their collections dept having made the headlines with at least two harassment cases that I know of. Ultimately I would like redress for the way they have treated me and mine. I think that about sums it up.

There are about 1K in charges, 75% of which were added after the bank defaulted. There were no arrears before the bank defaulted. We just stopped payment until such time as they acquitted their statutory duty under s77. Rosie

Hi The POC are:

Everyone, Thanks all for your help. It really is valued Rosie

That would be very much appreciated, thank you. I filed a week ago. I then wrote to the bank giving them seven days to supply the doc's.

Exactly!