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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.  

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      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.

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      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.
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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Thunderpuss2k vs Birmingham Midshires (Halifax) **WON**


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Got the results of the DPA SAR through the post, makes a BT phone book look like a one page leaflet :)

 

Will try and go through it all later.. reams of it!

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Can anyone who has had paperwork from Birmingham Midshires as a result of a DPA SAR please PM me? In particular, if you have copies of screen data showing 'Loan Enquiry - History Select' containing 'Assess Fee', I'd be interested to hear from you.

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After spending the evening going through a rather complicated DPA print-out (LTWFB will probably agree with me on that point!) I've totted up the grand sum of charges of £772. The 8% Interest is currently sitting at £82.81, but that's only if it goes to Court.

 

There's other stuff I could go for too, like arrangement fees, legal fees - but that's dodgy groound. These are penalty charges, pure and simple.

 

Prelim in the post in the morning.

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Can I ask what points you have claimed for ? is it late payment and arrears charges ?

 

Thanks 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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Yep late payment and arrears charges, but not the late payment interest. Might have difficulty trying to get that back..

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After spending the evening going through a rather complicated Data Protection Act print-out (LTWFB will probably agree with me on that point!) I've totted up the grand sum of charges of £772. The 8% Interest is currently sitting at £82.81, but that's only if it goes to Court.

 

There's other stuff I could go for too, like arrangement fees, legal fees - but that's dodgy groound. These are penalty charges, pure and simple.

 

Prelim in the post in the morning.

 

a complete nightmare to sort that lot out

 

did you see barracad's top find?

 

Office of Fair Trading Test for Excessive Redemption Charges

 

3. A term in a mortgage agreement which requires the borrower to pay more for breaching the contract terms than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations. A redemption charge may be regarded as a penalty even if it is expressed as the price for exercising a right rather than a consequence of breaking the agreement.

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Cheers, yeah did see that. I included that in my letter regarding the redemption penalty, and put "In view of the above paragraphs, I would appreciate it if you could confirm exactly how this penalty was calculated and the true costs to Birmingham Midshires, by me redeeming the mortgage early. I would appreciate a complete breakdown in your costs and losses for this penalty charge."

 

I gave them 14 days to respond to that letter, and 7 days to respond to the one re: charges. Decided to cut the timeline on the charges one as I've got nothing to lose.. and do feel after the way they treated me as a customer I've got no grounds to be nice about all of this.

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Seven days has passed since they got the charges prelim letter, so LBA in the post today giving them another seven days before legal action.

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7+7 on arrears etc penalty charges yes, as it's quite straightforward - and there's no love lost between me and BM. 14+14 on the redemption penalty. 7 days on the prelim for the arrears penalty charges refund was up today, hence the LBA. 14 days for the redemption penalty up on Friday, if nothing by then I'll be popping an LBA for that in the post.

 

So, in a nutshell, they've got til 10th August to do something about the arrears penalty charges, and 18th August for the redemption penalty.

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14 days has passed since the prelim request to refund the redemption charge, so a 14 day LBA has gone in the post today. Also, the 7 day LBA re: penalty charges reached them today - even though it was posted 1st class recorded two days ago. Good ol' Royal Mail..

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14 day LBA re: redemption charge signed for today, so they've got until 21st August to unconditionally accept my request for a refund.

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it's starting to get interesting.....maybe the fact that they are blanking us suggests that they know they could be in trouble.If they were so sure of themselves,I think we would be hearing a lot more from them,considering the sums involved.

 

You're only a few days behind me thunderpuss....I just love this place!!

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This is it.. I've sent four letters now since mid-July, all four confirmed delivered. Have I heard anything? Nope. Not even a confirmation that they've got any of my letters, or they're looking into either of my two requests.

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Got a very strange letter this morning from BM..

 

Thank you for your letter dated 4 August 2006 [the LBA for redemption penalty].

 

I am sorry that you have had to take the time and trouble to contact us again and have now progressed your complaint to Step 2 of our Internal Complaints Procedure for further consideration.

 

If we are able to review our decision, we will ask a senior member of the team to write to you with the details. If, however, we are unable to reach an amicable conclusion, we will issue with a final response letter advising you of the Financial Ombudsman Service and how to contact them.

 

I hope this is satisfactory.

 

Yours sincerely

Emma Kirkham

Customer Relations Team

 

Interesting. What was step 1, ignore me completely? It appears that they're referring to a previous response they've given, which I haven't had the pleasure of reading as I haven't heard anything from them until this point.

 

I am, however, quite impressed. After nearly four weeks, and four different letters, they got the letter they refer to yesterday, responded yesterday, posted it yesterday, and I got it today. Why couldn't they have done that with any of the other letters?

 

I could reply, but there's no point. I've made myself clear in the LBA what my timetable is - 21st August is the deadline for a response before I take legal action to recover the redemption penalty.

If my reply or advice was helpful, please click the scales!

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Interesting letter. Says nothing really, perhaps they have not had many of us after them. I have sent my letter asking for it back but seems unlikely that I will get a response.

Think they will have a big panic when you sent the court papers in hee hee.

 

Mine were for charges and arrears fee. I have sent a letter for an explanation of a large fee that was on there, perhaps a redemption penalty. I have kept it separate as you suggested.

 

Keep us posted and 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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Reams of paperwork this morning from Birmingham Midshires.

 

Firstly, a letter about my penalty charges. I had previously sent a 7 day prelim and 7 day LBA, which expired yesterday. The claim was ready to go on Monday morning, but today I got a letter.

 

The basics are that they are not going to 'uphold my complaint', and under the T&Cs of my mortgage contract they have the power to recover costs that are incurred in taking appropriate action to recover all or part of the mortgage debt.

 

I'll quote the next bit, as it's quite interesting.

 

However, as we cannot guarantee that we included a copy of our leaflet 'Fees for additional mortgage services' with your original mortgage agreement, we will, as a gesture of goodwill, recredit the charges we added to your account which amount to £772.00.

 

It then goes on to say they appreciate I'm going to be disappointed over this decision, they do take complaints very seriously, etc etc.

 

Disappointed? I'm quite pleased actually. I wanted £772 refunded, and to all intents and purposes I've got it. They want me to sign a piece of paper that waives all my rights to claim anything ever against BM, Halifax, and pretty much anyone else on the planet - which I'm not going to sign. However, I will write a letter confirming their offer on my terms - not theirs.

 

Second, quite a bulky letter about the redemption penalty. Included was a copy of my mortgage approval letter from 2003, along with some apparent T&Cs and product details. Anyway, the letter says they're unable to uphold my complaint, etc. Lots of bits from the template letter about penalty charges.

 

In 11 days the redemption LBA runs out. After two letters they still haven't explained how they calculated my redemption charge, so I believe that is enough grounds to press on with the action.

If my reply or advice was helpful, please click the scales!

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Thought I had posted but its gone......................

 

Thunderpuss I had exactly the same letter as you today. I was very pleased when I got through the waffle to find an offer of £2275 when I had only asked for £2238. Same as yours though I have to sign giving up the right for further action against BM, Halifax, subsiduries, aunts, uncles etc.

 

I also need to get my redemption penalty of £1600 if thats what it is.

 

Can I have a look at the letter you are going to send them please ? I (we) do need to reserve the right to defend ourselves in the future.

 

Regards

 

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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Yep, here goes:

 

Mortgage Account Number: XXXXXXXXXXXX

Your reference: XXXXXXXXX

 

Thank you for your letter of [DATE OF OFFER LETTER].

 

I accept £[AMOUNT] in full and final settlement of my request for refund of charges levied to my mortgage account as set out in my letters of [YOUR PRELIM LETTER DATE] and [YOUR LBA LETTER DATE], and can confirm that providing this payment is received in cleared funds within the next 14 days, no further action will be taken over this matter.

 

My account details are as follows:

 

[YOUR BANK ACCOUNT DETAILS]

 

Alternatively, a cheque for the full amount will be acceptable.

 

Yours sincerely, etc

 

You are basically accepting the amount - and nothing else. You're laying out the terms, and referring back to your initial letters just in case at a later stage there is any doubt exactly what complaint you're settling.

 

Hope that helps :)

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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Thats great I will use it. I can see you are saying everything without saying anything...............ah ha :cool:

 

Thanks

 

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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I accept £[AMOUNT] in full and final settlement of my request for refund of charges levied to my mortgage account as set out in my letters of [YOUR PRELIM LETTER

If you state in full and final settlement you will loose the right to any further claim you should state uncondionally

:) 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.

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If you state in full and final settlement you will loose the right to any further claim you should state uncondionally

 

Mmm, but I am doing F&F in respect of one claim, which I believe I made more than clear in my letter to them (just in case it gets queried in the future).

 

What they wanted me to sign was:

 

"I accept £772.00 in full and final settlement of all matters related to my complaint and any claim against Birmingham Midshires, Halifax, or any of their subsidaries, directors, officers or employees in any way connected with"

 

Which I'm sure you'd agree is complete nonsense, and would throw any future rights completely out the window.

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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I have just added in the word unconditional (just in case). I can't see anyone agreeing to their terms but no doubt the offer will be revoked
:(

 

 

We accept £2,275 in full and final unconditional settlement of our request for refund of charges levied to our mortgage accounts as set out in our letter of 2nd August 2006, and can confirm that providing this payment is received in cleared funds within the next 14 days, no further action will be taken over this matter.

 

 

How does that sound ?

 

 

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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