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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

stayed cases, have you heard anything yet


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i like Martin Lewis..BUT..

i think he is wrong to lead people to think more people get paid out befor court than after, Its my experience that people are scared to push banks and lose out, The banks do force people to issue court action because more often than not they dont pay out just on the letters. so Martin please please dont tell people its easy, as its not as easy as you say. Thats why the court system is in meltdown. So get off your soap box and tell it like it really is

TOTALLY debt free as of 2007, Fantastic,

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I think the majority of people get paid out before there is actaully a court hearing, which is probably what Martin means.

Martin is very passionate about people exercising their rights, and over on MSE when things get to the court stge or difficulties occur with their claims then the mods send them over here to CAG

CAG and MSE both want the same end result and work together so that this can be acheived - this was never better demonstrated than by the recent hearings in Hull.

Consumer Health Forums - where you can discuss any health or relationship matters.

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I agree with baconbuttyman. I know Martin Lewis is doing the right thing but on the telly the other night he made it sound like you write a couple of letters to your bank and they pay up which is not generally true. People at least need to serve court papers and most banks will take it to the wire before paying up. All they'll offer before this is some derisory "good will" payment.

Rock On

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He should try putting a claim in against Citicards - then he'll know just how frustrating the process can be. :D

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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The way i understand it is that the OFT are taking these bankers to court to decide if the t&c's are unfair, so here are my 2 questions.

 

1. surely if its ok for the banks to "suspend" all claims pending outcome of the case, the surely its only fair all penalty charges are suspended also pending the outcome of the case?

 

2. Surely this idea of suspending all claims should ONLY apply if you have involved the F.O.S., Surely the F.O.S. has no ground to intervene in a "private civil court case".

TOTALLY debt free as of 2007, Fantastic,

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1. Of course that would be good, but the consumer always gets the raw deal.

2. Court cases continue as normal, FOS / OFT cannot intervene, however some judges will stay matters pending the outcome of the test case.

 

Business as usual in the main:

Test Case

If I have been helpful please click on my star and add a comment.

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Good point but alas Lloyds TSB have already issued a statement on their website stating they will still charge as they see their charges as basically being fit for the crime and not unfair plus they will ask for all cases to be suspended for as long as it takes, and they have stated it could be at least 1 year. Says it all for LTSB really.:rolleyes:

Lloyds TSB -Settled in full 30/08/06 :)

Now whoes next :)

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And here it is from their website

 

Answers to questions on bank charges

 

 

Q: What is happening?

A: On 27 July, the Office of Fair Trading (OFT), Lloyds TSB, six other UK banks and a building society started a court case to decide on the legality of unauthorised overdraft charges. Together, these banks and the building society provide more than 93% of current accounts in the UK.

This case is being called a "test case" because the decision will clarify the law in this area and is likely to apply to all current and new claims against current account providers about unauthorised overdraft charges.

We will continue to post updates on our website to keep customers informed of progress on the test case as this could run for at least a year.

 

Q: What will happen to customer complaints about unauthorised overdraft charges?

A: Lloyds TSB will suspend dealing with or resolving customer complaints on unauthorised overdraft charges while the test case is running.

If you do complain about your unauthorised overdraft charges, we will write to tell you that we have received your complaint and that we will record it on your file. When a final decision is reached in the test case, we will contact you as soon as possible to tell you how we will resolve your complaint. We will apply the decision in the court case to all complaints we receive.

 

Q: Why are the banks allowed to stop dealing with unauthorised overdraft charge complaints during the test case?

A: We applied to the Financial Services Authority (FSA) for a suspension of the normal timetable for dealing with unauthorised overdraft charge complaints. The FSA decided that in the circumstances, it was appropriate to grant us a suspension of our obligations under the FSA's complaint handling rules whilst we seek legal certainty on this issue. The suspension is subject to a series of conditions designed to protect customers' rights. You can read the form of the FSA suspension (direction) here: www.fsa.gov.uk.

All customers who have made a written complaint on unauthorised overdraft charges but haven’t yet had a final response will receive a letter to explain the position with respect to their complaint.

 

Q: I’ve recently requested copy statements as the start of making acomplaint about bank charges. Can I still make a complaint?

A: We’re always happy to send copy statements on payment of our service fee. If you have requested them they should be sent to you within 40 days of payment of this fee. However, you should note that if you then write to make a complaint about your bank charges this will be treated as set out above.

 

Q: Can I make a court claim for a refund during the test case?

A: Yes, but we will apply to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case.

 

Q: Can I complain to the Financial Ombudsman Service about my bank charges?

A: The Financial Ombudsman Service (FOS) has decided not to review complaints about unauthorised overdraft charges while the test case is running. If you do complain to FOS, you will receive a letter explaining this and letting you know what will happen.

 

Q: What if I have already been made an offer?

A: We will stand by any offer to settle a complaint or court claim that we have already made to our customers. If you have received an offer to settle from us which is still outstanding we will be writing to you again shortly. Our letter will explain that customers have two months to decide whether to refuse our offer and wait for the decision in the test case. If you do choose to refuse an offer, and return the settlement amount to us, your complaint will be held and recorded by us until there is a final decision in the test case. We will then contact you again as soon as possible to finally resolve your complaint.

 

Q: I have already accepted an offer from you. Will my complaint be revisited?

A: If we have made a 'full and final settlement' which you have accepted, we believe it unlikely you would be awarded a further sum even if the test case indicates you could have claimed a potentially larger amount. However, accepting any such settlement does not stop you from asking for repayment on any further new charges incurred if the court finds they are unlawful.

 

Q: You’ve rejected my complaint, what can I do now?

A: You may wish to refer your complaint to the Financial Ombudsman Service. However as set out above, the Financial Ombudsman Service (FOS) has decided not to review complaints about unauthorised overdraft charges while the test case is running. If you do complain to FOS, you will receive a letter explaining this.

In addition, you can also make a court claim for a refund during the test case. However we will be applying to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case.

 

Q: How long will the test case take?

A: At this time it is too soon to give any exact timescales for a conclusion to the test case but it could go for more than a year. We have agreed with the OFT and the FSA to conduct the test case in an efficient, prompt and orderly way.

 

Q: How can you continue to charge what you do for these services when there is legal challenge?

A: We believe that our current account fees and charges are clear and represent a fair charge for a banking service that is valued by our customers. That is why we have worked with the other major UK banks and the OFT to start legal proceedings, which we believe will clarify the law in this area.

 

Q: Does this test case and the suspension of unauthorised overdraft claims apply to my credit card complaint?

A: No this test case and the suspension applies only to complaints about unauthorised overdraft charges and the law which applies to them.

 

Q: Where can I find out more?

A:You can contact us by calling 0845 603 0899.

Alternatively, you can find more information through the following links:

The Financial Services Authority:

www.fsa.gov.uk

The Office of Fair Trading:

www.oft.gov.uk

The Financial Ombudsman Service:

www.financial-ombudsman.co.uk

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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Reading the OFT/Bank agrrement for the test case, it appears this will only apply to personal accounts and not business accounts. It will be interesting to see how the banks are going to deal with these.

Please Click The Scales if I have been of help to you.

 

 

Kensington Mortgages withdrawn. no costs

NatWest Settled in full

Abbey Court Settled in Full

Capital 1 settled in full

Halifax settled in full :D

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can we make claims for the other charges...then can we claim the overdraft charges after the farce case er i mean test case, so in theory, if we omit the overdraft charges then the claims should carry on as normal

TOTALLY debt free as of 2007, Fantastic,

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Interesting point you make buttyman about charges being suspended if they can stay cases. Personally I am close to submitting a court claim. A few months ago i changed from Lloyd's TSB to a different bank and moved all my DDs and SOs over but deliberately left a couple of small standing debit card payments. Total of £45. With charges its now over £300. This was to try and show how unfair the charges are especially with the T&Cs for debit card misuse stating it is breaking the agreement. This has been since roughly April time. Its now wit their collections department who phone and write regularly only to be told that as the account is under dispute that they shouldn't be pursuing me.

I'm now waiting to see if they take it further and issue a court claim against me. If they do I think it would be prudent for me to ask for a stay awaiting the outcome of the pending court case. Surely if its OK for them to ask for stays then whats the problem for us to ask as well.

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You can still claim everything.

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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to be honest, i know that, BUt, my local court says the stays are imminent, so i thought just claim the otheers for now and then go after the od charges when its settled, i dont see the point in holding up a claim fopr what could be up to 2 years

TOTALLY debt free as of 2007, Fantastic,

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to be honest, i know that, BUt, my local court says the stays are imminent, so i thought just claim the otheers for now and then go after the od charges when its settled, i dont see the point in holding up a claim fopr what could be up to 2 years

 

I'm really not sure what exactly you are asking?

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I'm really not sure what exactly you are asking?

 

 

I effectively am asking if the test case is only about over draft charges the if we JUST claim for all other penalty charges we should be ok with the court action as this is nothing to do with over drafts

TOTALLY debt free as of 2007, Fantastic,

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I have a little claim for just £78 + interest. I am about to issue court action for it tomorrow, so i thought i wouuld phone and try my luck, The charges are just 2 of them and are NOT for unauthorised overdraft fee's, they are purely unpaid direct debits, there fore to my thinking no way involved with the OFT action in london as this refers to unauthorised overdraft fee's and not unpaid d/d, The lady on the phone informed me that Helifax have put hold on all claims even if they dont involve overdraft fee's, hell, i gonna put it in any way and when its stayed i gonn tell thet there judge to look again as its nowt to do with the london case

TOTALLY debt free as of 2007, Fantastic,

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Hi,sorry to jump in.

Maybe these are stupid questions but,

I cant find anything in this Q &A`s (see below) relating to `Payment reversals` etc etc

only `Unaurthorised overdraft charges`,so how can they suspend all complaints regarding all other types of charges ?

Surely if you were to continue with your complaint,but,omitting `unauthorised overdraft charges `for the time being ,they would still have to deal with it?

 

Am i missing the point here ? Are all charges applied to current accounts regarded as `Unauthorised Overdraught Charges` ?

They are certainly not indicated as such on the list of charges supplied to me from Intelligent Finance.

 

 

 

Answers to questions on bank charges

 

 

Q: What is happening?

A: On 27 July, the Office of Fair Trading (OFT), Lloyds TSB, six other UK banks and a building society started a court case to decide on the legality of unauthorised overdraft charges. Together, these banks and the building society provide more than 93% of current accounts in the UK.

This case is being called a "test case" because the decision will clarify the law in this area and is likely to apply to all current and new claims against current account providers about unauthorised overdraft charges.

We will continue to post updates on our website to keep customers informed of progress on the test case as this could run for at least a year.

 

Q: What will happen to customer complaints about unauthorised overdraft charges?

A: Lloyds TSB will suspend dealing with or resolving customer complaints on unauthorised overdraft charges while the test case is running.

If you do complain about your unauthorised overdraft charges, we will write to tell you that we have received your complaint and that we will record it on your file. When a final decision is reached in the test case, we will contact you as soon as possible to tell you how we will resolve your complaint. We will apply the decision in the court case to all complaints we receive.

 

Q: Why are the banks allowed to stop dealing with unauthorised overdraft charge complaints during the test case?

A: We applied to the Financial Services Authority (FSA) for a suspension of the normal timetable for dealing with unauthorised overdraft charge complaints. The FSA decided that in the circumstances, it was appropriate to grant us a suspension of our obligations under the FSA's complaint handling rules whilst we seek legal certainty on this issue. The suspension is subject to a series of conditions designed to protect customers' rights. You can read the form of the FSA suspension (direction) here: www.fsa.gov.uk.

All customers who have made a written complaint on unauthorised overdraft charges but haven’t yet had a final response will receive a letter to explain the position with respect to their complaint.

 

Q: I’ve recently requested copy statements as the start of making acomplaint about bank charges. Can I still make a complaint?

A: We’re always happy to send copy statements on payment of our service fee. If you have requested them they should be sent to you within 40 days of payment of this fee. However, you should note that if you then write to make a complaint about your bank charges this will be treated as set out above.

 

Q: Can I make a court claim for a refund during the test case?

A: Yes, but we will apply to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case.

 

Q: Can I complain to the Financial Ombudsman Service about my bank charges?

A: The Financial Ombudsman Service (FOS) has decided not to review complaints about unauthorised overdraft charges while the test case is running. If you do complain to FOS, you will receive a letter explaining this and letting you know what will happen.

 

Q: What if I have already been made an offer?

A: We will stand by any offer to settle a complaint or court claim that we have already made to our customers. If you have received an offer to settle from us which is still outstanding we will be writing to you again shortly. Our letter will explain that customers have two months to decide whether to refuse our offer and wait for the decision in the test case. If you do choose to refuse an offer, and return the settlement amount to us, your complaint will be held and recorded by us until there is a final decision in the test case. We will then contact you again as soon as possible to finally resolve your complaint.

 

Q: I have already accepted an offer from you. Will my complaint be revisited?

A: If we have made a 'full and final settlement' which you have accepted, we believe it unlikely you would be awarded a further sum even if the test case indicates you could have claimed a potentially larger amount. However, accepting any such settlement does not stop you from asking for repayment on any further new charges incurred if the court finds they are unlawful.

 

Q: You’ve rejected my complaint, what can I do now?

A: You may wish to refer your complaint to the Financial Ombudsman Service. However as set out above, the Financial Ombudsman Service (FOS) has decided not to review complaints about unauthorised overdraft charges while the test case is running. If you do complain to FOS, you will receive a letter explaining this.

In addition, you can also make a court claim for a refund during the test case. However we will be applying to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case.

 

Q: How long will the test case take?

A: At this time it is too soon to give any exact timescales for a conclusion to the test case but it could go for more than a year. We have agreed with the OFT and the FSA to conduct the test case in an efficient, prompt and orderly way.

 

Q: How can you continue to charge what you do for these services when there is legal challenge?

A: We believe that our current account fees and charges are clear and represent a fair charge for a banking service that is valued by our customers. That is why we have worked with the other major UK banks and the OFT to start legal proceedings, which we believe will clarify the law in this area.

 

Q: Does this test case and the suspension of unauthorised overdraft claims apply to my credit card complaint?

A: No this test case and the suspension applies only to complaints about unauthorised overdraft charges and the law which applies to them.

 

Q: Where can I find out more?

A:You can contact us by calling 0845 603 0899.

Alternatively, you can find more information through the following links:

The Financial Services Authority:

www.fsa.gov.uk

The Office of Fair Trading:

www.oft.gov.uk

The Financial Ombudsman Service:

www.financial-ombudsman.co.uk

__________________

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