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    • retailer said they'd speak to dpd on Tuesday. I don't want to screw the retailer because they were doing me a favour by fixing it for free  I hope dpd will refund them so they don't lose out. Will keep you guys posted. 
    • Well, we live on the same road so it should be the same postcode. When I spoke to dpd and asked why were my neighbours' address not on the list and she said maybe they're not of the same postcode and I checked and they definitely were. Not to mention, delivery instructions are supposed to override actual customer's address which is why they asked for instructions I thought.
    • again a quick google search states Appeal a DVLA fine - GOV.UK (www.gov.uk) i would not be appealing mind. it's only a summary charge which they rarely do court on and pass out the powerless DCA's whom are not bailiffs they have 6mts. see where they go. as you've sorn'd it will probably be nulled. dx  
    • There are a number of reasons why you may not have been issued a notice in the post within 14 days. If you were stopped by the police it may have been given verbally. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and £100.00 fine by post or an offer of a speed awareness course. If the offence is considered too serious for a speed awareness course or fixed penalty you may be charged with an offence which normally occurs by way of the issue of a Single Justice Procedure Notice. If the vehicle within which the alleged offence took place was registered to another person or company there is technically no need for a notice to be issued to the driver. After the police have obtained details of the nominated the driver, they will normally send the notice to them, although there are no time limits within which they must do so (provided that the notice was received within 14 days by the registered keeper of the vehicle). In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. A Guide to a Notice of Intended Prosecution | Motoring Offence Lawyers the above copy n paste link has purely been copy n pasted here to inform you of the regs, which you could have done yourself by, as this is, a google search......... we do not ever recommend using such offered webservices! dont dx    
  • 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

Tink v BOS


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Hi Guys

 

I think the time has come for me to start my own thread on my saga (which I am sure it will become in the course of time) in reclaiming my penalties.:roll:

 

I have 2 live easycash accounts which I have 18 months of statements saved.

 

03/7/06 Data Protection Act to BOS for the previous statements back to 04/7/01 on both accounts and 5 years statements on a bill payment account which is now closed.

 

04/7/06 Prelim letter requesting £940 back from account 1 for 18 month period I have statements for. If we go to court then the penalties split nicely into overdrawn penalty and returned DD's so that I can claim under £750 each time.

 

(Am pending account 2 until full settlement of account 1 for this period is up, then I shall be applying for the remainder as normal.

 

I just feel in the 40 days allowed to get the statements in we can be well down the road with the existing statements procedure. As long as I do not agree to a full and final settlement on the account, I will be able to reclaim time and again until all charges levied on me in the 5 years have been reimbursed to me .... )

 

Correct?? I have read and reread the FAQ's and discussed at great length with another member on the board to make sure I have this straight as far as scottish courts work.

 

Any feedback or advice will be warmly welcomed

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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Hi Tink

have tried to read your thread whilst glugging a glass(or 2) of vino as my supper is cooking, and trying to listen to the Archers at the same time as trying to follow the Nadal/ Agad/cypriot bloke semi-final at Wimbledon, so a bit confused at the minute! Lol Will get back yo you, I am onto my second refund against Bank of Scotland.

 

Ah there goes the timer... time to eat. :-)

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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that's be great fruitycar, I am about to sit down with my first glass of red wine ..... maybe the first of a few tonight ;)

 

thanks again

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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got my acknowledgement from HBOS, from Gurvinder Gill, who has sent me a standard letter but with spelling errors which have not be checked ..... apparently I unhappy about the level of bnaking charges on my account .... okay, at least even if the format is standard they have actually typed it up manually .... oh and of course telling me I will receive a reply in no more than 4 weeks ......priceless.

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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All sounds fine to me Tink. Good luck and keep us posted!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Keep going Tink, they'll pay up don't you worry about that!

 

Stick to both your timetable & your guns and you'll be fine.

  • Confused 1

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Thanks JMio

 

Doesn't time drag when it's your timescale not theirs !! ;)

 

Have been spreading the word about the great help on here, I know mine is going to be a long process but I have all the time in the world .... I am not going anywhere until I have every penny I am due back.

 

Thanks for the encouragement.

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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You're welcome!

 

I was advised (by BOS's OWN Internal Solicitor, Rachel Hinchliffe - who's excellent by the way) that the BOS only pay out in full on reciept of a claim.

 

However, at least by the time it reaches that phase you can claim the 8% interest back too!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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  • 2 weeks later...

well LBA sent as I've heard not a thing from them, funnily enough though they've sent an acknowledgement to hubby's claim.

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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They'll be bombarded with these, don't worry about getting responses from them.

 

Although I remember a quote a while back, along the lines of...

 

"Isn't it strange how nowadays I'm genuinely disappointed not to receive a letter from the Bank when the Post arrives!? How times change eh.!?"

 

;)

 

Trudge on, your refund will come!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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It's now getting a flow to it, every few days I have something else to update then a lull then it's action stations again ...... time will soon pass quick enough, and maybe they will be bombarded with so many they realise their numbers are up ..... okay time to wake up, but it was a nice dream

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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today received an offer of full and final settlement for £120 after claiming £914 .... hmmmm think not !!!!

 

Also in today's post an offer of £245 in full and final settlement of £1015 .... again think not!!!

 

i do find it interesting though that they make this offer to my husband after a prelim letter only and on the same day as they respond to my LBA.

 

Will reply offering to accept their offer as an iterim payment whilst pursueing the balance through the court system.

 

Any advice on wording to use or not use on this?

 

Thanks

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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Guys,

 

Advice on next action would be appreciated.

 

I have called Customer Relations this afternoon rejecting their offers as mentioned above and they increased my account offer to £350.00 in full and final on the account which I said I would accept as interim, advisor said that was not an option,so I politely declined and advised I would pursue through the normal channels.

 

I then went on to discuss the other letter addressed to both my husband and myself for the joint account which my husband has started a claim on. We are only at prelim letter stage and after rejecting the first offer the same advisor increased the offer on this account to £730 again full and final .... again I have rejected.

 

Now, the question is do I still proceed with the LBA for his account as they have now ended all negotiations with us?

 

Oh and a final thing, I have a BOS account but the advisor said that the best they could offer in settlement is the worst 6 months in the last 6 years ... interesting given that our limitation is 5 years .... views on this statement would be welcomed as well

 

thanks for reading and I would appreciate advice and comments.

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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I have called Customer Relations this afternoon rejecting their offers as mentioned above and they increased my account offer to £350.00 in full and final on the account which I said I would accept as interim, advisor said that was not an option,so I politely declined and advised I would pursue through the normal channels.

 

You're absolutely right, you've given them (yet) another opportunity to settle this, in full, before Court Action - they're perfectly capable of doing so and chose not do. As that was their final response to your LBA it's time for Court Action to commence (I can help you with the forms if you need it - PM me if so, or at least have a read through the notes by Scotia they're a great help).

 

Now, the question is do I still proceed with the LBA for his account as they have now ended all negotiations with us?

 

As they've made it clear that they're not willing to negotiate on the matter, then yes you could send them your LBA now.

 

Oh and a final thing, I have a BOS account but the advisor said that the best they could offer in settlement is the worst 6 months in the last 6 years ... interesting given that our limitation is 5 years .... views on this statement would be welcomed as well

 

Ryhmes with 'Frollicks' & is almost the term given to a young, male cow...

 

;-) It's 5 years for them and everyone else!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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pml Jmio, your advice is as ever sound and balanced with wit ...... love it.

 

thanks and I shall prepare court documents over the weekend, I have scotia's sticky post ready, but if I need help I will definately PM you, thank you for offering help.

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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Sorry, I have another question ..... as I have had charges applied to my account since I sent my LBA, can these be added into my court claim or do I have to separate these and start from the prelim letter again?

 

Am preparing my court documents today for filing tomorrow and want to be clear as to what I can and cannot claim at this time.

 

Many Thanks

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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Yes you can add them on.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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barracad, thank you for your swift reply, I shall go finish my claim form and will be at the Sherriff Court at 9am tomorrow .....yeaayyyy

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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How did you get on at the Sheriff Court, Tink? Which one is it? Mine will be Jedburgh. Did they ask for supporting documentation or anything?

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Hi GMIB

 

Got on great actually.... Lodged with Perth Sheriff Court, and the clerk was really helpful, and commented that they had quite a few going through.

 

I used Scotia's template and the only thing she recommended I do is along side BOS head office address in the defenders details was to also add in "also having a place of business at (insert your local branch address)."

 

She did not require any further documentation, she just said to have it ready IF it comes to a hearing (her words not mine). She also ran through the procedure from here on in, and to let me know I could call her at any time if I had any procedural questions.

 

Hope this helps

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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It certainly does Tink! Thanks very much!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Good Luck on your claim too.

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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Good luck with your claim. My claim is with Hamilton sheriff court. The rerurn date seems a long way off(21/9).I'm claiming Abbey and I think at this rate it will be a long time before I see my money. Full amount comes to £2571 and rising

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msneddon, that does seem a long way off. Is that for a small claim or summary cause case?

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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  • 3 weeks later...

Woohoo ...... BOS have paid into my account today my charges and the court fee only ... no interest payment received, not surprised but not impressed either!

 

No letter has been received yet, but hey I can wait, so can anyone tell me can I still pursue them for the interest outstanding?

 

T

xx

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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