Jump to content


  • Tweets

  • Posts

    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the xx/xx/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the xx/xx/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, xx/xx/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  • Recommended Topics

  • Our picks

    • 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
      • 161 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
  • Recommended Topics

Bankers Draft Conundrum


cakey
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6557 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

What is a bankers draft and why would you pay for one?

 

I had a Natwest Bankers draft today (a win from my case against them) so for fun went into natwest to pay it into my account and asked how long it would take to clear as it was the same bank and a bankers draft... the answer? 5 working days.

 

So exactly why would you pay £21 or so for a bankers draft?

Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

<a href="http://www.consumeractiongroup.co.uk"><b><font color="#FF0000" face="Verdana, Arial, Helvetica, sans-serif">The Consumer Action Group</font></b></a> - <font color="#FF9900" face="Verdana, Arial, Helvetica, sans-serif">Reclaim your rights as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.</font>

 

_____________________________________________

Link to post
Share on other sites

A personal cheque is a cheque drawn on a personal account. A bank draft is a cheque

drawn on the bank's account. To get one, you have to give them cleared funds first. Ie if you want a cheque from them for £1000, you must give them £1000-plus

their charge- I must say that £21 is a bit excessive- sure it's not £12?

So the cheque is virtually guaranteed not to bounce, unlike a personal cheque where you take pot luck. The banks say they are as good as cash. They are not.

They can be stopped just like a personal cheque-though you usually need a good reason. You have lost the draft, or you have a serious dispute with the person you gave the cheque to, for example. Drafts can also be forged and I know of instances where blank drafts have been stolen from a branch and then filled in for large amounts by the thief.

Why use them? Safety for one thing. Drafts are usually for fairly large amounts

[buying a car as an example]. If you get mugged with cash on you, you lose your cash:with a draft all you do is stop the cheque and get a replacement. Also much

easier to send it through the post than cash where the recipient will not accept a

personal cheque. It's a shame that just about the only bank that has a cheque

guarantee card for £1000 is the United bank of Kuwait.

 

Also if you accept a draft from someone, once you have exchanged your goods for it, do not let that person have access to the draft. There have been instances

where once they have your goods, they snatch the draft and tear it up then

claim they lost it and get their money back from the bank.

 

PS the reason that it takes 5 days to clear is that as it is still a cheque, it has to go through the same process as a

personal cheque [the bank clearing system]for it to be paid.

Link to post
Share on other sites

ok, i apologise for posting again, but here goes.

 

at the halifax where i work, and deal with drafts all the time.

 

we can stop them, but only on reciept of written authourity from the payee on the draft, that is the only way we can do it, and get the customer to sign to accept that is the only way it will be stopped.

 

we can pay a halifax draft into a halifax account as cleared funds, slighty different procedures if it is the drawing branch, or another one, but end result is the funds available straight away.

 

hope that helps in any way.

Link to post
Share on other sites

You are welcome to post whenever you want Howard.

I am surprised in a way that the Halifax treats drafts drawn on themselves as cleared funds straight away. After all the draft itself will not be cleared for payment

until 3 days later when it arrives at Head Office. There it will be checked for

authenticity and that it has not been stopped, nor any other reason for non-payment.

Compared to Nat West, the Halifax is comparatively new to having received banking status and so may not have been heavily stung by adopting this practice commendable though it may be. It remains to be seen if they will be forced to change in the future, but they do run a risk as it stands.

Link to post
Share on other sites

Someone I know was scammed via a fake bankers draft. (classic nigerian [problem], they sent a bankers draft for larger than the sale amount, then asked my friend to send them the balance minus an amount for her trouble - my friend assumed that as the bankers draft had cleared into her account it was fine and the money was safe) The bank accepted it when it was paid in, cleared it and my friend sent the money. A few days later my friend happened to mention it to me, I realised what was going on and told her to phone the bank immediately. They said 'yes there are scams like this, we'll look into it'. 2 weeks later my friend received a letter informing them that it was fake. It wasn't even a very good fake (my friend realised when she saw it again how bad it was, but she assumed as the bank accepted it that they must have checked it and it was fine)

 

Result - the bank took the money back with no liability to themselves whatsover. The police did sod all.

 

I certainly wouldn't accept a bankers draft for large amounts such as a car. The rules about clearing must have changed, as then (last year) the bank had an obligation to make the funds available within 48hrs, what they don't tell you and what very few people seem to be aware of is that it can bounce and they will take the money back 2 weeks later.

 

I know my friend went to the FSA and CA, but never got a penny back. I think the amount was around £900.

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

DON'T FORGET TO DONATE!

Link to post
Share on other sites

You are welcome to post whenever you want Howard.

I am surprised in a way that the Halifax treats drafts drawn on themselves as cleared funds straight away. After all the draft itself will not be cleared for payment

until 3 days later when it arrives at Head Office. There it will be checked for

authenticity and that it has not been stopped, nor any other reason for non-payment.

Compared to Nat West, the Halifax is comparatively new to having received banking status and so may not have been heavily stung by adopting this practice commendable though it may be. It remains to be seen if they will be forced to change in the future, but they do run a risk as it stands.

we do quite a few checks when it is presented, even when it is at the dsame branch it is drawn, anything doesn't add up, it goes straight into the normal clearing system, and an investigation is started at the same time.

Link to post
Share on other sites

  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

<a href="http://www.consumeractiongroup.co.uk"><b><font color="#FF0000" face="Verdana, Arial, Helvetica, sans-serif">The Consumer Action Group</font></b></a> - <font color="#FF9900" face="Verdana, Arial, Helvetica, sans-serif">Reclaim your rights as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.</font>

 

_____________________________________________

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6557 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...