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    • Hi again all, below is another email they sent me, I just don't want to get in trouble or things to get worse with this crowd but I am taking your advice here. Anyway advice would be appreciated.   I am contacting you again after having tried to contact you both by email on 03/04/2024 and 10/04/2024, and by telephone on 10/04/2024 and 17/04/2024 to discuss the matter in relation to the regularization of the SOLIDWORKS case against xxx our company.   This is an urgent legal matter. Please contact me at your earliest convenience - +44 2921 920 296.    If we do not recieve a response before 24/04/2024, we will assume that you are not willing to settle this dispute amicably. The case will then be referred back to our client with whom, ultimately, the final decision lies on the enforcement of their intellectual property rights.    Yours sincerel y, Rhys
    • If you do get a letter of Claim and or Pre Action Protocol pack 15. Where there has been non-compliance with a pre-action protocol or this Practice Direction, the court may order that (a) the parties are relieved of the obligation to comply or further comply with the pre-action protocol or this Practice Direction; (b) the proceedings are stayed while particular steps are taken to comply with the pre-action protocol or this Practice Direction; (c) sanctions are to be applied. 16. The court will consider the effect of any non-compliance when deciding whether to impose any sanctions which may include— (a) an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties; (b) an order that the party at fault pay those costs on an indemnity basis; (c) if the party at fault is a claimant who has been awarded a sum of money, an order depriving that party of interest on that sum for a specified period, and/or awarding interest at a lower rate than would otherwise have been awarded; (d) if the party at fault is a defendant, and the claimant has been awarded a sum of money, an order awarding interest on that sum for a specified period at a higher rate, (not exceeding 10% above base rate), than the rate which would otherwise have been awarded. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct   .
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • Thanks all! My wife was driving at the time (took our daughter to get new school uniform) and I wasn't there so I'm not sure what the signage was actually like, but yes, Parkopedia says 2:30, so it's barely over that. I will check it out with her when she gets home later, I haven't even told her about this yet as she'll probably be quite upset. So - likely my best response at this stage is to just wait it out until a Letter Before Claim arrives?
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    • If you are buying a used car – you need to read this survival guide.
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    • 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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mp1962 v Halifax - SETTLED IN FULL


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Im just starting out with my claim, I am just thinking can the Halifax offset any refund against a loan that I have with them (yes I have defaulted on repayments) now have an agreement which I have not defaulted on.

 

GREAT SITE

 

Pete:confused:

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I would have said not, as they are seperate contracts. However, banks don't always bother about such minor inconviniences as a contract - on the other hand the right hand doesn't generally know what the left hand is doing, so they may just send a cheque anyway.

 

Sorry not to have given you a definitive answer - but the banks make the rules up as they go along - what we have to try and do is get them to play by the law.

 

 

 

 

 

 

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First thing I have to say "this site is fantastic" all of us aiming to get our money back.

 

I dont know everyone elses details but do you think that if the Halifax had been more caring and didnt put all these charges on accounts, we would not be having financial difficulties today. They deserve all they are going to get, I hope everyone who has ever been OVERCHARGED should get cracking and demand a refund.

 

Good luck to everyone, I will be joining you shortly

 

MP

 

MODERATED post moved ... can you please keep to your original thread this is for your benefit and the benefit of others following your claim

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WELCOME please keep us posted on your progress .

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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I emailled a copy of your request for statements letter to see what response I would get. Of course I put all my details in!

 

Anyway today I recieved a letter by post from Customer Relations in Leeds.

 

It reads as follows:

 

i am sorry to hear of your concerns regarding charges on your account. We will contact you again shortly after we have completed our investigations into the issues you have raised.

 

Your concerns will be dealt with as quickly as possible.

 

Jane Preston

Customer Relations Manager

 

ENC Personal Customer Complaints....Heres what we will do.

 

Is this the standard reply, whats next

 

Thanks

 

MP

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I would say it is standard to the point of utter standardness...however, your post suggests that you have not read the FAQs and Library information.

 

It really does take a few days to get your head around all the arguments and all the information.

 

You will be setting a timetable (the timetable that the bank says it will work to is irrelevant). In the FAQ you will find 'Step By Step Instructions.' Start this, be clear on what your first step is (requesting the info from the bank so that you can calculate what they owe you)

 

Whilst waiting for the info, read up on your next step. If you make sure you stick to your own thread in the relevant area (eg [username] claim against [bank]), and use this as a sort of diary which you can update as things progress. It will also enable you to check responses to your questions, and people will be able to find your thread a lot easier.

 

Good luck.

 

You are here, you want your money back, you will get help and support in this, but it is YOUR call, and you must be prepared to put in the effort.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Requested a list of charges via the DPA letter, which I emailled. I got a standard letter back yesterday stating they were looking into my complaint......today I get two letters one from Kevin Torbet, dated 21st April, he states that he requires £5.00 so my statements can be sent. Ok I knew this would happen but was told it was £10.00. Opened letter two from Carol Graham, also dated 21st April, Customer relations. Standard letter about their costs and she offers me a goodwill payment of £50 (haha), she also gives me a list of all charges incurred for 6 years, a total of £427.00. Some my say thats nothing, :eek: to me its mine :D !

 

She has included an acceptance form, but she has put a liner through the PLEASE MAKE PAYABLE TO: so I can only have the cash paid into my unused current account which is on the overdraft limit, but I have a agreement with them to pay this off. Can they insist that its paid into my account and not by cheque. (not that Im going to accept £50.00)

 

So not what do I do? wait for the 40 days to pass, or press on and issue a LBA?

 

Mp1962

 

Halifax DPA sent 14th April,£427.00in charges....offered £50.00 (22/04/2006)

BOS...YOUR NEXT!

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  • 2 weeks later...

:)

Here we go, today i had a letter from Damien Robertshaw from customer services. They are unhappy that I did'nt accept the first offer of £50.00 From (£427) and would like to resolve the issue by offering me £140.00. Which Im also not going to accept, they owe me £427.00 and thats what I want!

The LBA I sent runs out on the 7th May, should I email them and remind them of this and refuse the offer, or do I go for the kill!

One thing that does worry me slightly, I have also sent for other statements from Hellifax, and BOS. On the accept letter is says " Confirm that we accept the offer of £140.00 from Halifax in full and final settlement of my complaint regarding bank charges on any of our Halifax accounts....interesting any of our accounts, what do you think?

 

mp1962

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You can't issue til the 7th May but I'd write rejecting the offer - at elast then it's on record and you look like a real goody. ;)

 

And yes...be careful what you sign. :grin: I am always telling my clients that once they've accepted an offer to settle their claim "in full and final settlement" there is no going back.

 

You don't have to sign their letter of acceptance. Send your own.

[FONT=Arial][SIZE=1]Proceedings issued....and acknowledged. [/SIZE][/FONT] [FONT=Arial][SIZE=1]Counting down to the 21st....[/SIZE][/FONT] [URL="http://thebighub.co.uk"]http://thebighub.co.uk[/URL]

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Here comes the 8th of may..LBA time, but I have a question. In the template it states that Im claiming £==== plus interest a total of £*****. Does this mean that I will be adding another lot of interest if i file a claim?...please someone explain.

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If you are able to do the extremely fiddly and complex mathematics to work out any interest accrued on each individual charge then include it at this stage. When it gets to the County Court stage you can then add 8% to the lot as per the excel spreadsheet.

 

 

 

 

 

 

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Forum clean up - your claim threads have been merged. Please try to keep all posts about your claim to a single thread only. Thanks :)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Help....now what happens?

 

I recieved a letter from Damien Robertshaw today, He says....We offered you six months of charges back, which you refused to accept. Please understand that we are not prepared to refund all of the charges that you have incurred on your account over the past 6 years. To comply with legislation, I would like to let you know that if you still feel unhappy, you can refer your concerns to the FOS...they can be contacted blah blah blah.

 

It is now time to send the letter before action, which I have already send a copy y email......what happens next?

 

mp1962:-|

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mp1962, the waiting game - thats what comes next. Do what is required - wait another 14 days which I think you have said in your letter before action. Then go to the library above and enter a money claim -

 

Halifax offered me half, refused and have done a Moneyclaim for court action. In the past, it looks like Halifax dont like it going too far - but there could be an exception - so its waiting, watching and hoping for a good outcome.

 

Hope this helps.

 

Lorraine

Halifax - Since 2003 £1,186 DPA Request: 24.03.06

PRL - sent Recorded 05.04.06

Letter received 07.04.06 - Thanks but No thanks

LBA - 20.04.06 Refused Money Claim filed 08.05.06

Served 14.05 Acknowledged 16.05.06 - 28 days to go

:D WON - PAID IN FULL 25.05.06

Lloyds [/i]- Since 2000 £780.31 - DPA Request: 23.03.06

PRL - sent recorded 10.04.2006

Letter Rec'd 13.04 - Not interested

LBA - 13.04.06 Money Claim filed 25.04.06

Served 01.05.06 & Acknowledged 03.05.06. - 28 days to go

Defence received 25.05 - Here we go

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  • 5 weeks later...

Just to let you know I have just issued the money claim today.....Ive waited long enough! Cost me £80.00 to file it but thats fine I hope it comes back!

 

Also BOS did not respond to my request for repayment, Ive sent them the LBA............BRING IT ON.....Over £1000 between them and I want it back:D

 

Mp1962

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Damien Robertshaws is a busy man!

 

Recieved letter from him today, basically sorry but you will have to take it to the Ombudsman if you arnt happy with my response. If you have any other concerns contact me and I will investigate them......Well Mr I have a response for you CLAIM NUMBER 6Q236879. Stick that in your pipe!

 

But seriously, is this a standard type of letter when you issue the LBA?

 

Im so tempted to send him a copy of the claim.....by the way i was advised to send it to head office....have I done right?

 

COME ON ENGLAND!:D

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I have also received correspondence from our Damien (is that a bad OMEN? ... sorry couldn't resist)...

 

I did, in fact, responded to Damien's last letter in which he increased his "final" offer, to advice him that his offer has not been accepted and that a claim was filed for amount owed + interest + cost.

 

As of yesterday, the claim was "acknowledged". When I phoned him today to request (yet again for my statements) I was told by Helen Kirwin (also received correspondence from her before) that Damien was on the telephone .... busy busy busy ....

 

Good luck and hopefully a good result for all of us in the NOT so distant future...

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Well there you go.....halifax have recieved my claim...Money claim says they have 28 days to respond, is this right ? I thought it was 14 days.

 

Worried sick now, I have a feeling that I sent it to the wrong place. I sent it to Trinity Road....realised today i had sent everything else to Leeds:o .

 

Whats the chances of it still being accepted?

 

MP1962

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:eek: Have I done something wrong? Nobody seems to want to help or advise me!

 

See if anyone comments / helps with this!

 

Today recieved a notice from court, Halifax intends to defend the claim, defence signed by A O'Brien (Halifax solicitor), intends to defend all the claim.

 

Is this the same reply as everyone else gets....this is now getting scarey:eek:

 

Mp1962

 

Claim filed 14/6/06

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Try and stay calm. I'm not as far down the line as you but from what I have read from here the Halifax often say they are going to defend then settle in full a few days before the court date. Of course you could be the exception and we were warned. You are so near the end now, I'm sure your knees are knocking. If the worst came to the worst and you lost you will not lose your house or anything like that. It's the small claims court for claims of 5k and under. Nothing is going to happen to you. Hey it's only money..............(BUT IT'S YOUR MONEY).

 

Good luck

 

Lizzy

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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:D :D :D HALIFAX PAID UP!

 

Issued claim on 14th, money refunded today, yippee

 

BOS, now I have a fighting fund Im coming for you:D

 

Thanks to all

 

Donation when its cleared

 

MP1962

Excellent news! :grin:

 

I filed the same day as you - here's hoping mine's not too far behind!! How did you get notified?

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Excellent news! :grin:

 

I filed the same day as you - here's hoping mine's not too far behind!! How did you get notified?

 

:-D just checked my balance and there it was, good luck with yours it will come

 

MP1962

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:-D just checked my balance and there it was, good luck with yours it will come

 

MP1962

Cheers - I've been checking every couple of hours during the day, especially after I saw your dates were the same as mine! :wink:

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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