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    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
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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
      • 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
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me v helifax*won*


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HI been lurking round this sit for a while now and have just recieved 6 years worth of statements of the helifax, and at first look they've took around £3500in penalties of which £390 were in just 1 month:o ( no wonder i've had to remortgage twice) so it's time to start my own thread now that it's got interesting. i'm confident that i know what i'm doing( after all the lurking i've been doing) but I do have 1 question: Does anyone out there know the rate of interest the helifax charge on an authorised overdraft? because this is the interest rate i'm going to put on the prelim letter( sorry if anyone thinks i'm being greedy but i've lost so much including my business and 99% of my probs stem from these and other bank/CCs/and other companys penalty charges,and yes i'm gunning for the others as well but doing it in order so as not to confuse myself) I'm half tempted to go for the unauthorised borrowing rate that they charge but a bit unsure that i want to take that sort of risk( my boyfriends trying to get me to go for it because thats what he's going to do, but he's going for a MUCH MUCH smaller amount) anyway back to the point of this post, i really want to get the ball rolling on this so if anyone knows what the rate is i'd be VERY GREATFUL;)

 

thanks Carrie

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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good luck. i cant answer your question but im sure someone will eventually. take a bit longer these days to get a response because so many are reclaiming and the mods can only get through so many questions at a time

"THE BEST THING ABOUT PEOPLE WHO PLAY GAMES IS BEATING THEM AT THEIR OWN GAME"

 

old halifax current account and current credit card £1641.53 plus costs---settled after n1 form handed in with no conditions £1761.53:D :D

 

abbey £2638.18 plus costs-n1 form handed in 28/07/20068) WON:wink:

 

wifes lloyds/tsb current account £4600- awaiting settlement offer:D ALL OF IT:wink:

 

neighbours £1800 with lloyds WON :wink:

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Hi Carrie,

Sorry to hear about your business.:sad:

Working out the interest charged when you have been in overdraft is going to be quite tricky to work out but I think Vampiress has a thread with a spreadsheet in it which helps to do this.

 

http://www.consumeractiongroup.co.uk/forum/general/6964-spreadsheet-interest.html

 

Maybe you have already spotted this. Sorry I don't know what the rate is for the Halifax. But if you read through all the posts on that vampiress thread I think there are some discussions on how people have worked it all out. Hope this helps

 

Libertie

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

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thanx libertie i'll have a look now

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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sorry for asking again but i want to get prelim of on monday,does anyone know what the interest rate is for overdrafts

 

thanx

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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it'a ok i've found it, it's18.9% E A R whatever that means? anyone know if this makes any difference, i think it doesn't but not sure:confused:

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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HELP my heads in bits, i'm trying to work out the iterest on the charges they;ve took but want to work it out at 3 different rates(8%,overdraft rate 16.9%, and unauthorised borrowing rate 29.8%) I've tried to change the interest at the top but it doesn't make any difference. so I thought i'd work out the 8% easy enough, then times the interest by 1.09% to get the 16.9% rate, now i'm pretty certain that theres something wrong with this but don;t know what? any thoughts :confused:

 

I know i've posted this elsewhere but i really need help quickly:grin:

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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UPDATE

 

well I've had a busy day trying to get this sorted out, thanx everyone for all your help(mainly vamp;) ) I'm going for the contractual rate of interest thats at 29.8% (on the halifax website) heres the formula i used: the amount of the charge times by0.298 divide by 365, times by the amount of days since the charge(i used the online interest calc to work the amount of days out,very handy:D ) heres the link http://www.consumeractiongroup.co.uk/chargeinterest.php

I'm taking my prelim letter into bank tomorrow which should be INTERESTING (excuse the pun) and i will keep you informed as there doesn't seem to be many people trying to claim the contractual interest:idea: don't know why, they would/have charged YOU this rate so right back atcha:razz: .I will however be putting on my claim form for the court 3 different rates(29.8%, 16.9% and the 8% s69) and leave it to the judges discretion, so nothing to lose in my opinion:D

anouther link that you sould look at is Why is no one claiming the contractual rate of interest???

 

right thats it for now will update when something happens

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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Me again, this is the lettr i'm going to take to the halifax tomorrow, would someone who knows what their doing have a look and tell me if it's OK please especially the bit in the *** ***

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 5 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

***I calculate that you have taken £3,516.00 plus £2,337.77 which I have calculated is the interest at your rate( 29.8%) for unauthorised borrowing for the sum which you have taken from me. Total £5848.77 . ***

I enclose a schedule of the charges which I am claiming with this letter

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline

should i put something along the lines of "there is an implied term in the bank contract based on the principle of "mutuality" or "reciprocity"

 

 

cheers all thoughts welcome:D

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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I want to get the ball rolling today, so any help would be gratefully received

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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help please

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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Sorry if this sounds dumb but to work out your daily interest do you take the amount owed then divide by 365?

 

IE:1000/365=2.73?

thanx

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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Forget my last post i've desided not to go for the rate of 29.8% (boyfreinds going to but his claim will be MUCH smaller) i'm going for the 16.9% to keep my claim below £5000,so i'll not be going for the daily interest until it gets to the court claim if i can then go over the £5000 limit without it changing tracks?

 

 

Ive just checked tha helifax site to check the rates again and either I've made a mistake or they've put their rates up by 2% because it now says 18.9%, I sure I read it right the other day:(

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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Hi,

 

Made it here eventually.

 

Ok, firstly, the letter looks fine. You don't have to submit a defense yet, so you don't need to try to argue why you are using their rate. I'd wait until they ask, if they do at all.

 

Be prepared to raise your claim. Be also well prepared that this will go to a fast track court as your claim is for more than £5,000. You will not add 8% on top as you have already requested contractual rate.

 

Your daily rate is £3,516 x 0.298/365. Remember you will not be able to use MCOL and will have to file your N1 form at the courts.

 

Please please do a lot of research, so that you are 100% sure of your claim before you start.

 

Good luck,

Vamp.

[

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no vamp thats fine i've just printed it all of and will take it in this afternoon( sould be fun lol) thanx for all your help and i will keep everyone updated

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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Hi all

Well I've changed my mind(again) and decided to go for the 29.8% as the court fees will take me over the £5000 threshold of the small claims track( not to bothered really) and i also want to be able to claim the daily interest as well as it works out at £2.87 a day.

 

Just in case anyone thinks i'm being greedy i'll admit that in a way i am, but with reason: i recently had to close my previously successful business thanx mostly to this and 2 other banks( RBS and NATWEST which are also on my hit list:D ) and i'm just about hanging on to my house, and when i think of how many times i've been in to ask for help ( mostly in tears) and all they can do for me is add more charges, i get so angry now i know that they've deceived me into thinking their charge were lawful! thankfully i'm back in control of my finances (only because i've closed my shop) but now have huge debts' so it's time for ME to take THEM for every last penny i can get (and some revenge:o ) I'm just after make a fresh start without the debts and get it right this time IE: without taking the BANKERS advice which got me in trouble this time!

Don't think i'm telling you this for sympathy because i've got to accept some blame for my previous mistakes, i don't want people to think i'm a greedy or nasty person normally but in this instance i'm making an exception;)

 

anyway thanks for listening to me rant and i'll keep you updated ( and no doubt as a lot of Qs) as and when things happen:)

 

ps prelim took in yesterday 26/07/06

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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i included the interest at 29.8% and the daily rate, it's still under £5000 but it won't be for long with £2.87 a day then court fees but it would have gone over with daily and then court fees even if i'd used the 16.9%, so i might as well go the whole hog and see what happens, and it should make them think about settling other cases a bit quicker once they realise that this could be the start of an avalanche of claims with their own interest rates( well prob not;) ) anyway i want to test the water to see if this will work so that not just myself will benefit, others will also

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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Using that interest takes you onto fast track. Your prelim should have included the interest if you claim contractual interest. You said this will total more than £5k.

 

It shouldn't have much effect. The only effect that ommitting the contractual interest had was allowing the bank to settle for less than the amount claimed.

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hello all. I have received FOB OFF letter 7 days after my prelim letter. Normal rubbish about their concern that i have finally realised they are ripping me off, :-x and they will investigate the points i (and thousands of others!) have raised and i'll receive a reply no longer than 4 weeks ( I think not , cheeky b*****s!):o . well if they think i'm waiting that long they really are special people!:confused:

Now for the next step Lba, Bring it on!:D

 

P.S. not even a mention about contractual interest that i included.:cool:

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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