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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 
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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.

      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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Becka v Halifax ***SETTLED IN FULL***


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Hi

 

I've been lurking for a while and have decided to get *my* money back .... Handed Data Protection Act into branch on 1st July and received 27 letters from Halifax full of my statements on Friday ... the day after my Birthday. Total taken from me over 2 accounts is £2444 (although adding it up with my phone came to £3027 somehow!!)

 

Preliminary ask nicely for my money back letter sent today ... and now the ball is rolling!

 

Keep Smiling

 

Becka

 

Edited - Please refrain from the use of words that could be considered libelous

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Good luck Becka

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Got home last night to a second HUGE pile of envelopes ... Halifax have not only sent me my statements twice ... they have taken a further £10 out of my account the day before payday therefore sending me OVERDRAWN!

 

I've phoned and asked them to refund it as I only requested the info once but as they are such helpful, lovely people "computer says nooooo *cough*"

 

But I am not stressing - I'll just add it on to my claim! I no longer worry about incurring the charges (although I'm not planning on having any in the future sometimes you just can't help it!)

 

Slightly bemused but in this weather nothing can get me down

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Their computer is spoilt, it keeps throwing tantrums like that.

All the best and good luck:p

Sent Data Protection Act to Halifax 13.6.06

Daughters Data Protection Act sent to NatWest 5.6.06

Natwest sent statements on 24.6.06 Daughter owed £204.00 Preliminary ready to go.

Halifax sent my statements today(26.6.06) Owe me £1702.00

Preliminary sent on 27. 6.06.

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Question time ... I thought I was going mad when I used the spreadsheet and the totals added up differently to what I'd added up with my calculator ... but as I trust excel COMPLETELY I submitted the amount that Excel totalled my charges to

 

But having just used the interest calculator it gives me the same figure as I originally added up to

 

As my LBA is due to be sent on Monday 31st do I

a) resubmit the preliminary request with new totals

or

b) submit new figures with my LBA?

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Just alter totals at the LBA stage, and again at court stage if new charges have been added again.

..

.

 

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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  • 2 weeks later...

Got my first reply to LBA today ... Simon McKelvey my Redress Officer (What a lovely job title ... does anyone else think that Halifax may have "created some new opportunities for their staff" to deal with our claims?) has offered to pay my the HUGE sum of £275 against my £2500 claim

 

I'm in a quandry whether to accept it ... NOT!

 

I've just sent the following letter and wait with bated breath for them to refund ... OK I'm waiting till I get paid again so I can go to court and file!

 

Dear Mr McKelvey

Account Number: xxxxxxxx

Sort Code: xx-xx-xx

Account Number:xxxxxxxx

Sort Code: xx-xx-xx

 

Thank you for your letter of 8th August offering to refund £275.00 of charges against my accounts. I would like to accept this offer as partial payment of my claim of £2509.37

I appreciate costs are incurred for every transaction made and would be happy to pay the true cost of such an automated process, especially as your company has already confirmed to me that there has been no manual intervention. If you would like to send me a breakdown of how you calculate the costs, and that these are not in fact penalty charges, I would consider reviewing my position.

In the meantime I shall be continuing with my claim and failing full settlement of £2509.37 reaching my account in cleared funds by 15th August 2006 I will have no alternative but to pursue my claim through the court which may incur interest and further charges

If you would like to avoid this course of action, please do not hesitate to contact me

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  • 2 weeks later...

Having finally got enough funds in my bank I am going to court today. Am very thankful to Batfink as my personal administration artiste is doing all my paperwork for me ... all I have to do is turn up, sign and pay I believe!

 

Total to date is £2632.38 plus interest

 

Kerching!!!!

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  • 2 weeks later...

So went to pay at court on 22nd and have been advised that Halifax was served yesterday ... 13 days and counting

 

Hope my money comes through soon ... am moving house and would make life much much easier!

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Unless there's a complete shift in policy at the Halifax, money in about 3 weeks.....

..

.

 

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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Got home last night to my Acknowledgement of service and surprise surprise they intend to defend!!

 

Part of me would really like them to defend it and make me go to court and for them to explain how it costs them £39 to send me an e-mail telling me that something has bounced ... the other half of me just wants my money to ease things as I move flat in 2 weeks!

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I got my letter today from the court saying they intend to defend, so looks like I am at the same stage as you, I will keep an eye on your progress. Hopefully when you get yours I should be getting mine or vice versa.:)

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Doesn't look like you'll have long to wait West ... got home last night to the usual "not admitting liability ... for commercial reasons" WE ARE GOING TO PAY YOU letter ...

There was no acknowledgement slip though so am just going to call and accept and enjoy my money (hopefully before the weekend!)

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hmmmmm ... talking of my win ... they seem to have knocked 2 of my early charges off ... total of £75 ... am now on the phone trying to get to speak to Antony Carter the senior Customer Relations Manager ... but no-one seems to know who he is or how to get in contact with him

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Way to Go West ... mine still isn't but I think it's because I only confirmed to them today I'm happy to accept the amount as they tried to argue that because there were 2 charges that were more than 6 years before my issuing at court they wanted to not include them

 

I want ma money ... more to the point I want chinese takeaway and fizzy wine to celebrate!!

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well done becka

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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WOOHOO ... the ride is over!! Money was in my bank yesterday ... except for the interest between date of issue and date of payment which for some reason Antony Carter doesn't seem to think has to be paid ... put him straight on that front and advised would not notify court that it is settled till it's received ... it may only be £10 but it's MY £10

 

Went out for a sumptious meal last night courtesy of Halifax

 

Next stop Black Horse finance!!

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congratulations can you please update us when they settle fully so we can change your thread title thanks

:) 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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