Jump to content


  • Tweets

  • Posts

    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
  • 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

Just starting


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6511 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

Just started the process of claiming back from the halifax.

 

Rang up on wednesday night after finding the site and told them i needed statements due to a dispute over child maintainance. A very apologetic man informed me that he would have to charge me £5. Anyway the statements arrived at my mothers this morning in about 5 envelopes so i will pick them up tomorrow and start calculating how much they owe me.

 

Just as a point of interest i have had over £100 of fees charged this week, because of 3 failed DD's all under a tenner in total.

instead of getting mad..... im getting even.

 

Gen :D

GEN

 

Some days you're the bug; some days you're the

windshield.

 

If carlsberg made email addresses... they'd be consumer action group email addresses... probably the best email address in the world !!!

Link to post
Share on other sites

Having just checked my second halifax account, i have just discovered a charge for £39 due to a unpaid cheque for £20.

 

So i took the bull by the horns and rang Halifax.

 

The man i spoke to whose name is Robert XXXXXXX Informed me that i had been FINED for not having funds in my account.

 

This was when i asked him for a break down of costs. I told him that as i have paper free banking the costs were negligable and £39 was punitive.

 

when i quoted what he had said back at him he started trying to back track and say they were legitimate charges under the terms and conditions.

needless to say i laughed at him.

 

Anyway the long and the short of it is.. he is refunding my money to my account within 3-5 working days.

 

i told him that i was supposed to be paying for an online transaction today for £3.50 and could he guarantee that it wouldnt bounce and i wouldnt get another charge on the account. He told that even though they had taken the money from my account this was my fault and so they would charge a further £39 if i tried to pay the £3.50.

 

its laughable.... :twisted:

GEN

 

Some days you're the bug; some days you're the

windshield.

 

If carlsberg made email addresses... they'd be consumer action group email addresses... probably the best email address in the world !!!

Link to post
Share on other sites

Try and get a recording of the coversation. They may well have one.

Link to post
Share on other sites

Will do.

 

 

Update on the first halifax account.

 

charges accounted for at the moment £1437 since 2000. But im still waiting on two years worth of statements so this could be interesting.

 

I hate to think whats on the 2 missing years cos they are the bad ones..

 

 

i will keep you posted on what happens next but i expect that the other statements will arrive 2morrow and then an initial letter will go off on Tuesday.

 

Gen :x

GEN

 

Some days you're the bug; some days you're the

windshield.

 

If carlsberg made email addresses... they'd be consumer action group email addresses... probably the best email address in the world !!!

Link to post
Share on other sites

Just got all of my statements 80 pages in total in 17 envelopes all for £5 bit of a bargain i reckon LOL.

 

Anyway the total charges for the last 6 years is £2,186.00 and i hope it goes to court because with interest thats £2,629.05

 

 

Enough to pay for a decent chunk of my upcomming wedding. So my letter goes off first thing monday morning and then i wait.

 

 

Gen :D:D

GEN

 

Some days you're the bug; some days you're the

windshield.

 

If carlsberg made email addresses... they'd be consumer action group email addresses... probably the best email address in the world !!!

Link to post
Share on other sites

Just got all of my statements 80 pages in total in 17 envelopes all for £5 bit of a bargain i reckon LOL.

 

That is a bargin. When they send me 17 letters they charge me £663. :? i bet Garry R D Kettle didn't sign yours :lol:

 

Good luck with the claim

Link to post
Share on other sites

Use half for the wedding. Keep half back for the divorce. Prudent.

Link to post
Share on other sites

Garry Kettle did sign mine LOL both accounts, MK and Feltham LOL

 

Im gonna have to use half to fund the divorce that im still waiting for, and its cutting it a bit fine :?

GEN

 

Some days you're the bug; some days you're the

windshield.

 

If carlsberg made email addresses... they'd be consumer action group email addresses... probably the best email address in the world !!!

Link to post
Share on other sites

Bit of an odd query here..

 

i was going through my statements regarding Seminoles request for info about money being taken from benefits when i noticed something strange.

 

my statement tells me that on the 22nd july 04 i had a balance of £134.79.

 

It then says i took £30 leaving me with £104.79

on the 23rd of July 04 it says Account Renewed.

it then goes back to 22nd of july and says that i took £20 which left me -£20

a charge was made from the atm on the 22nd for £1.75 which left me -£21.75

they then paid a standing order for £5.99 which put me a grand total of £27.74 overdrawn.

It then goes back to the 23/07/04 and says OPENED BY TRANSFER £104.79 and putting me back in to credit with the sum of £77.05

 

I hope you all followed that,

Anyway almost a month later on the 11th august they took bank charges of £35.00 and 8p in interest at the end of august.

 

How can i tell if they have charged me for going overdrawn because of their actions.

I had not been overdrawn on my account since the 8th of june and only went overdrawn then because they took bank charges (these were the days when they gave a month notice) they took £30 on the 12 of july which i assume was for that.

 

Any help on this one would be appreciated because im totally confused.

 

 

gen :?

GEN

 

Some days you're the bug; some days you're the

windshield.

 

If carlsberg made email addresses... they'd be consumer action group email addresses... probably the best email address in the world !!!

Link to post
Share on other sites

well my letter went off on the 18/3/06 and NOTHING... not even an online statement (which is now due) its like they are avoiding me. normally i get at least one letter a week but i even went overdrawn by a whole 18p last week and didnt even get the online letter saying they were going to rob me blind for the privilage. And i normally get one of those within hours of the misdemeaner.

 

Do you think they are hoping i will go away if they ignore me??

cos i won't.

GEN

 

Some days you're the bug; some days you're the

windshield.

 

If carlsberg made email addresses... they'd be consumer action group email addresses... probably the best email address in the world !!!

Link to post
Share on other sites

I have still heard nothing back. My 14 days are up on monday and i havent even had a standard "we're sorry your not happy" letter. Maybe they arent sorry im not happy. maybe they dont care. Im tempted not to give them anymore notice and just file a claim but i think i will probably send them a letter giving them a further 7 days ( i may send a copy by email too just to be on the safe side)

I hate not knowing... i feel like bookworm i want to cry. I know i should just get mad but its really hard knowing they are just playing hardball cos its not there money and they have no real interest in whether they win or loose. For us its the difference between bills being paid or baliffs turning up.. at the end of the day they go home. this is our lives.

Anyway sensible head says give them a standard letter with a further 7 days to reply. if i post it tomorrow it may even arrive first thing monday as the last letter runs out.

 

then at the end of next week i file my claim at the court i suppose.

 

Any other advice??

GEN

 

Some days you're the bug; some days you're the

windshield.

 

If carlsberg made email addresses... they'd be consumer action group email addresses... probably the best email address in the world !!!

Link to post
Share on other sites

Just emailed the second letter to haliprats giving them a further 7 days to reply ( i wasnt feeling generous as they didnt reply the first time).

 

it went as follows:

 

 

 

Halifax plc

Trinity road

 

Halifax

 

Yorkshire

HX1 2RG

 

 

 

03/04/2006

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxx

SORT CODE: xxxxxx

 

I am following up a letter posted on 18/03/2006, which you have yet to respond to. In the letter I outlined a request for all charges on the account to be refunded within 14 days, and that County Court proceedings would be started should the matter not be resolved.

I have attached a copy of the letter for your convenience.

 

 

 

I have calculated these charges to total the sum of £2,186.00 (two thousand one hundred and eighty six pounds).

 

 

 

 

Whilst your charges may be in line with those of other high-street banks, it does not excuse the fact that they are punitive in nature and so forth are unlawful in Common Law, Statute and recent Consumer regulations.

The charges have pushed my account substantially beyond its overdraft limit resulting in more charges being incurred.

 

 

 

 

I now make a final request before action, for a refund of charges on the account to the sum of £2,186.00 (two thousand one hundred and eighty six pounds) within 7 days of receipt of this letter by way of personal cheque or direct credit to the account. Should you refuse to refund the charges within seven days I will start proceedings for recovery in the County Courts where you be eligible for an extra 8% APR as allowed by the County Courts Act (1984) which I have calculated to be an additional £450.74 (four hundred and fifty pounds and seventy four pence) in addition to my court costs.

 

 

 

 

Please note that only full satisfaction of my request will avoid court proceedings, any partial refund will be refused by myself as I believe I am entitled to this money.

 

There will be no further communication from me and I shall issue a claim at the expiry of this deadline.

 

 

Yours faithfully

 

xxxxxxxxxxx

 

 

 

 

So hopefully this time i should get some kind of response even if its only pee off.

 

 

heres hoping

 

gen

GEN

 

Some days you're the bug; some days you're the

windshield.

 

If carlsberg made email addresses... they'd be consumer action group email addresses... probably the best email address in the world !!!

Link to post
Share on other sites

I know im starting a new thread here but its a question that applies when you get to the moneyclaim form.

 

As halifax have merged with or been taken over by or otherwise managed to mingle with the bank of scotland, when i have found the Postal address it is now in SCOTLAND. The moneyclaim form insists on an address in England or Wales. So what do i do. Use my branch address, which isnt the full postal address of halifax and risk getting the forms sent back or what. Im begining to think its a cunning ploy by halifax to avoid paying me.

 

Please help i want to submit my form today just to spite them.

GEN

 

Some days you're the bug; some days you're the

windshield.

 

If carlsberg made email addresses... they'd be consumer action group email addresses... probably the best email address in the world !!!

Link to post
Share on other sites

Guest blindman

I use their head office address.

 

Halifax plc

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

When you fill out the MCOL on-line you have to verify the post code and it will come up with this address.

Link to post
Share on other sites

  • 4 weeks later...

well better late than never i just put in my money claim form.

 

justification for abject laziness on my part... ive been on holiday.

 

but anyway.. i got a letter from halifax offering me £150. when i finished laughing i went on holiday and so filed the money claim this morning.

 

i didnt even dignify the £150 with a reply.

 

so i guess im back to waiting again.

 

l don't care now... im waiting with a sun tan LOL

 

Hope your all doing well with your claims

 

Love Gen xx

 

 

Merged threads for you!

GEN

 

Some days you're the bug; some days you're the

windshield.

 

If carlsberg made email addresses... they'd be consumer action group email addresses... probably the best email address in the world !!!

Link to post
Share on other sites

After replying to one of spiceskulls posts in the Word from the banks section i just remembered.. im still waiting for a word or two from the halifax.

 

I blew my top in a very unladylike way the week before easter at some idiot at the halifax battery farm. They were slapping more charges on me. So anyway i rang and asked them to refrain, citing the unlawfulness of the situation, the fact that i was gonna drag them through the courts til they were old and grey etc... anyway i got passed from pillar to post and ended up speaking to a woman who claimed to be a manager... very condesending.. explaining that it was my own fault not theres etc and and that all the examples cited in my letters (which she called up on screen) only applied to Credit cards and had no bearing on the way normal accounts were run by banks under English law or otherwise. Basically they could do what they wanted and i could go £$"%^%$£" So anyway i asked her for a complete breakdown of all charges on my account for the last 16 years along with any manual interventions and a copy of my original terms and conditions from when i was signed up with them (not by myself but by my YTS scheme). She flapped a bit but agreed.. i told her to take my last £10 from my account as she said there would probably be a charge as she would send me Statements.. so i said do them under the DPA and would she need it in writting and she said no. (they didnt need it in writting last time either). I did tell her in no uncertain terms that every time from now on that if they charge me i will claim it back through the courts.. i dont care if its £40 or 10p i will claim it back will interest and costs, and if they try and close my account i will be the one who takes them to court on the grounds that they are acting outside there own terms and conditions. So anyway... IM STILL WAITING no terms and conditions nothing.. and why is it i only remember stuff like this at stupid o'clock in the morning. I dont fancy ringing bangladesh or wherever the battery hens are at this time of day cos i dont reckon i will be that coherent. Im suprised i can even spell.. in fact this is more of a note to self so i dont forget to do something in the morning when im awake.

 

If anyone does want to post a reply (just so i dont feel like a sad billy no mates talking to herself) feel free, i may do the same for you one day ;)

 

 

Enough rants... i will be so glad when this is over..

Money claim is with the court Halifax have til the 28 to respond and then the fun begins :)

a very old and nearly forgotten about parachute is inflated.. looking forward to putting all my money in it.

GEN

 

Some days you're the bug; some days you're the

windshield.

 

If carlsberg made email addresses... they'd be consumer action group email addresses... probably the best email address in the world !!!

Link to post
Share on other sites

if it is any help they offered me 115 of the 585 I want.

 

The guy was really polite and although a little flustered when i started quoting parts of this site in terms of the legal issues he said Halifax will defend.

 

However that didn't stop him then asking if I was prepared to negotiate...ha ha.

 

I said that I would be prepared to drop any further action and the 8% interest and court costs that would be added but he said that he did not have authorisation to do this sort of negotiation.

Link to post
Share on other sites

Dont you just love them.. Negotiate but then they cant LOL

 

Anyway HALIPRATS intend to Defend...

 

So i now sit and wait i guess.

 

I think the next step is to wait for the letter from the court.

 

 

Bring it on ....

GEN

 

Some days you're the bug; some days you're the

windshield.

 

If carlsberg made email addresses... they'd be consumer action group email addresses... probably the best email address in the world !!!

Link to post
Share on other sites

Now i take up poker LOL

 

 

they folded.. Letter this morning.. my mum rang bless her.. she is as excited as me.

 

Dont know the full details as havent seen the letter and mum was screaming.. but as i understand it... they dont admit liability...i should manage my funds better... they are saints and im **** but its better for them to give me some money than to go to court.. no mention of interest though.. just what they owe me plus costs.

 

they do reserve the right to close my account though.. so i will write back reserving the right to sue them if they do.. but im just going to leave enough money in the account to annoy them and make them send me statements (proper paper ones).. and put all my money in my chelsea account. ( i have had it since i was 5.)

 

So yay for me..

 

Donation will be made as soon as money is in the bank.. drinks for Dave and bankfodder, couldnt of done it without you guys. xxxxx

 

Will post all the boring details of the letter when i get it from mums on Sat.

GEN

 

Some days you're the bug; some days you're the

windshield.

 

If carlsberg made email addresses... they'd be consumer action group email addresses... probably the best email address in the world !!!

Link to post
Share on other sites

update

 

Sent them a letter saying basically just trying my luck saying that i want my 8% as well (as it was mentioned in the money claim) anyway checked my bank account the next morning before they had time to receive the letter and some money was in there. Paid in CASH.

£2000 which wasnt the amount claimed. so anyway i began the hard work of spending it. Then later in the day another £120 was paid in CASH

it still doesnt add up quite to the amount i claimed. so im waiting til the court date to see what happened. its only out by a couple of pounds though minus the interest which is another £500 so it will be interesting taking halifax into the court room for approximately £3 LOL

 

Thats if they kept their reciepts and can prove it was them that paid it in.

GEN

 

Some days you're the bug; some days you're the

windshield.

 

If carlsberg made email addresses... they'd be consumer action group email addresses... probably the best email address in the world !!!

Link to post
Share on other sites

so it will be interesting taking halifax into the court room for approximately £3 LOL

 

pmsl @ that :lol:

 

And well done! :D

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites

Halifax are going to hate me.

 

I just had a look at my second account. I only opened it because i won world cup tickets a few years back from the sun newspaper, didnt want them and so cashed them in and needed somewhere to put the cash.

 

Didnt use the account that often and so figured that there wouldnt be that much in the way of charges.. well in two years on an account that gets used for things like ebay purchases, ie i pay the money in, pay pal takes it out, £485 in charges. I was gobsmacked to say the least.

So today i rang and said in my politest manner "can you send me a list of all the charges levied on my account in the time in which it has been open please"

the reply "no"

l laughed

he said "i will have to speak to someone in the business section as i am not aware of us providing that service".

i laughed and said " you provided that sevice just two weeks ago when you were quibling over £28 on an unfair bank charge levied against another account so can you please send me a list out thank you."

 

He said he would see what he could do. But was not happy and said that they had been told that they didnt do that.

 

I dont actually need the list but i thought i would get theirs just to check against mine just incase i managed to wangle any refunds that i have forgotten about. I will send the standard letter out in the morning to the guy who issued the refund on my other account so he knows im not playing. Complete with my "consumer action group" email address for him to reply to.

 

Dont you just love life sometimes :)

GEN

 

Some days you're the bug; some days you're the

windshield.

 

If carlsberg made email addresses... they'd be consumer action group email addresses... probably the best email address in the world !!!

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6511 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...