Jump to content


  • Tweets

  • Posts

    • The world's largest economy grew less than expected but rising inflation may delay a rate cut.View the full article
    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
  • 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

Reclaiming bank charges, how far back can you go?


Buncrana
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3471 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

Hi Guys,

 

Looking for a bit of info for myself this time.

 

Back in the 90's, I was stuck in the endless cycle of charges upon charges which ate very heavily into my wages at the time.

 

I recall one instance of sitting in a managers office refusing to pay £35-00 for going a whole two pence overdrawn...

 

These charges really had a serious adverse effect on my life at the time, and I ended up using the CCCS, as they were then, to help get me out of the mire.

 

I still remember the account number, as it is ingrained into my head.

 

As I said, this was the nineties onwards, until around 2004.

 

Do you think it would be worthwhile persuing a claim for the charges to be refunded?

 

Most months I was paying at least £100 in charges upon charges.

 

Any thoughts, or should I just leave it in the past?

 

Regards,

 

Buncrana

Link to post
Share on other sites

In terms of how far can you go, – as far back as you want because the test is that the six-year period begins from the time that you discovered or could reasonably have discovered that the charges you are paying were being demanded unlawfully.

 

However, since the Supreme Court case in 2009, the chances of recovering charges are almost zero. You could have a go. There is nothing to lose – and an awful lot to gain. However, it could be a lot of work with very little chance of recovery – unless you can show a particular reason why you consider that the banks of treated you unfairly.

 

The effect of the Supreme Court judgement was that whether charges are unfair or not, we are not allowed to examine this issue because bank charges apparently form part of the bank's main revenue stream (disgusting isn't it).

Link to post
Share on other sites

Thanks for that guys, much appreciated.

 

 

It was these charges that sent me on my downward spiral. My wages at the time were not that good, and when you have £100 of charges coming out a month, every month, it really sets you back.

 

 

And they were charges upon charges. I used to try and get my salary out of the bank before the charges were taken out, just so that I could feed my family, and then the vicious cycle started again the next month, and the next month, and the next month...

Link to post
Share on other sites

Have just read this part:

 

 

''If you are in genuine financial hardship, this does not affect the legality of the charges. But it is relevant to how your bank or building society treats the amount you owe. Give them the necessary information about your financial circumstances to enable them to consider your situation fully.

If your bank or building society agrees that you are experiencing financial hardship, they should suggest an appropriate settlement. This may or may not involve reducing the amount you owe - depending on the circumstances.

If you're not happy with your bank or building society's response to an official complaint, we can look to see if we are able to help.''

 

 

I used to plead with the bank to lay off me and give me a break, it was an awful time. But they would not listen. They just kept heaping the charges on.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...