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    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
    • My understanding is that they won't provide the name to me whether the investigation is Live or Closed, & I have no legal rep as I didn't have P.I. Cover on my policy, & am intending to claim using OIC.org.uk, but remain completely stuck as they 100% cannot open a claim on the portal without both the Reg. No. & Name of the other driver.  
    • thanks again ftmdave, your words are verey encouraging and i do appreciate them. i have taken about 2 hours to think of a letter to write to the ceo...i will paste it below...also how would i address a ceo? do i just put his name? or put dear sir? do you think its ok?  i would appreciate feedback/input from anybody if anything needs to be added/taken away, removed if incorrect etc. i am writing it on behalf of my friend..she is the named driver  - im the one with the blue badge and owner of the car - just for clarification. thanks in adavance to everyone.       My friend and I are both disabled and have been a victim of disability discrimination on the part of your agents.   I have been incorrectly 'charged' by your agent 'excel parking' for overstaying in your car park, but there was no overstay. The letter I recieved said the duration of stay was 15 minutes but there is a 10 minute grace period and also 5 minutes consideration time, hence there was no duration of stay of 15 minutes.   I would like to take this oppertunity to clarify what happend at your Gravesend store. We are struggling finacially due to the 'cost of living crisis' and not being able to work because we are both disabled, we was attracted to your store for the 10 items for £10 offer. I suffer dyslexia and depression and my friend who I take shopping has a mobility disability. We went to buy some shopping at your Gravesend branch of Iceland on 28th of December 2023, we entered your car park, tried to read and understand the parking signs and realised we had to pay for parking. We then realised we didnt have any change for the parking machine so went back to look for coins in the car and when we couldnt find any we left. As my friend has mobility issues it takes some time for me to help him out of the car, as you probably understand this takes more time than it would a normal able bodied person. As I suffer dyslexia I am sure you'll agree that it took me more time than a normal person to read and understand the large amount of information at the pay & display machine. After this, it took more time than an able bodied person to leave the car park especially as I have to help my friend on his crutches etc get back into the car due to his mobility disability. All this took us 15 minutes.   I was the driver of my friends car and he has a blue badge. He then received a 'notice to keeper' for a 'failure to purchase a parking tariff'. On the letter it asked to name the driver if you wasnt the driver at the time, so as he wasnt the driver he named me. I appealed the charge and told them we are disabled and explained the situation as above. The appeal was denied, and even more so was totally ignored regarding our disabilities and that we take longer than an able bodied person to access the car and read the signs and understand them. As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us. I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge.     After being discriminated by your agent my friend decided to contact 'iceland customer care team' on my behalf and again explained the situation and also sent photos of his disabled blue badge and proof of disability. He asked the care team to cancel the charge as ultimately its Iceland's land/property and you have the power over excel parking to cancel it. Again we was met with no mention or consideration for our disability and no direct response regarding the cancellation, all we was told was to contact excel parking. He has replied over 20 times to try to get the 'care team' to understand and cancel this but its pointless as we are just ignored every time. I believe that Ignoring our disability is discrimination which is why I am now contacting you.     I have noticed on your website that you are 'acting' to ease the 'cost of living crisis' : https://about.iceland.co.uk/2022/04/05/iceland-acts-to-ease-the-cost-of-living-crisis/   If you really are commited to helping people in this time of crisis ..and especially two struggling disabled people, can you please cancel this charge as it will only cause more damage to our mental health if you do not.  
    • I've also been in touch via the online portal to the Police's GDPR team, to request the name of the other Driver. Got this response:   Dear Mr. ---------   Our Ref: ----------   Thank you for your request which has been forwarded to the Data Protection Team for consideration.   The data you are requesting is third party, we would not give this information directly to you.   Your solicitor or legal team acting on our behalf would approach us directly with your signed (wet) consent allowing us to consider the request further.   I note the investigation is showing as ‘live’ at this time, we would not considered sharing data for suggested injury until the investigation has been closed.   If you wish to pursue a claim once the investigation has been closed please signpost your legal team to [email protected]   Kind regards   ----------------- Data Protection Assistant    
  • 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

woo v halifax **WON**


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sob story alert!!

after spliting with my partner of ten years i was forced into recieving benefits, then to top things off, my son who was around two years at the time was becoming more and more "dificult" he was eventually diagnosed with autism.

left with bills in my name i couldnt afford to pay back and having to care for my son who still isnt in school full time and goes into year one next year, i hav not been in a very good financial position to say the least! spiraling bank charges over the last couple of years has made things from bad to worse. after seeing this site i have now started to reclaim the charges incured on two accounts.

 

after numerous phone calls requesting breakdowns of charges and lists of charges ive have sent the dpa letter on the 7th of july to my local branch recorded delivery.

i was told early on this week that the statements would take around ten days to arrive now that i have given autherisation (again) to debit my accounts the £5 charge.

i was just told this morning after chasing up on the phone that the business centre have no record of the dpa letter and only have a request by phone recorded, they also told me that due to great media attention about unfair charges they have a huge backlog statement requests and it could take upto six weeks for them to send me mine from the phone request i made.

 

i can see this is going to be a bit of a tussel between myself and them!

 

any advice greatly appreciated! i'm a little anxcious now:rolleyes:

prelim letter sent acc#1 july31st

total £1121

 

prelim letter sent acc#2 august 2nd

total £1898

 

LBA letter sent august 18th

 

MCOL filed 18th sept

Issued 19th sept

Acknowledged 20th sept

22nd sept Letter recieved from halifax full reimbursment in next 5 working days!

 

:p@ halifax

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Hi Woozie

First off DON'T panic, 6weeks is what they are allowed anyway, so thats no problem.

What I would suggest is that you check to see if they have taken the money for DPA payment form your account and if not then tell them you will send a cheque instead, it might take a touch longer but don't worry.

If they have taken it then the count down to receiving your statements has begun but only give them the 40 days and no more.

Keep us posted

All the best.:oops:

  • Confused 1

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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just got off the phone (for the third time today) to halifax and i'm told my statements have been ordered, tho my accounts have not been debited as yet, apparently once theyre sent out on monday then the accounts will be debited.

i'll ring back on monday and see if theyre true to their word. though i have to admit i have little faith in them after all this!

 

thanks strude, panic button is on hold for now :D

prelim letter sent acc#1 july31st

total £1121

 

prelim letter sent acc#2 august 2nd

total £1898

 

LBA letter sent august 18th

 

MCOL filed 18th sept

Issued 19th sept

Acknowledged 20th sept

22nd sept Letter recieved from halifax full reimbursment in next 5 working days!

 

:p@ halifax

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  • 2 weeks later...

thanks saxon i'm flollowing yoour case intently!

 

i revieved my statements finally on the 27th of june, but only for one of the accounts and discovered after ringing a number of times that my other account had insufficiant funds to debit the five pounds! i found this quite humourous as the halifax are usually happy to charge me no matter what my balance! i also found the business centres number on this site and rang them, they were quite surprised i had obtained this number and immediatly debited my other account and have ordered the statements.

 

so on the first account charges totaled £1121, i'm sending the next letter with a schedule of charged for this account today.

as soon as i get the next lot of statements i'll be away with the second account, i am wondering however, if it gets as far as court, will it just be one claim i'm making does anyone know?

 

 

ps please excuse my poor forum skills!!:rolleyes:

prelim letter sent acc#1 july31st

total £1121

 

prelim letter sent acc#2 august 2nd

total £1898

 

LBA letter sent august 18th

 

MCOL filed 18th sept

Issued 19th sept

Acknowledged 20th sept

22nd sept Letter recieved from halifax full reimbursment in next 5 working days!

 

:p@ halifax

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quick update, i'm feeling very positive now about the whole senario, thanks all! i will be donating to this site once ive had my money returned! i think i hav the sig sorted too yippee hehe forum phobia is also being quashed!:grin:

prelim letter sent acc#1 july31st

total £1121

 

prelim letter sent acc#2 august 2nd

total £1898

 

LBA letter sent august 18th

 

MCOL filed 18th sept

Issued 19th sept

Acknowledged 20th sept

22nd sept Letter recieved from halifax full reimbursment in next 5 working days!

 

:p@ halifax

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  • 3 weeks later...

hi all, update...

 

i had a phone call from someone at halifax offering me six months of charges back on one of my accounts which totalled £130, i said i would accept this offer as a goodwill gesture but not as a final settlement and was advised i would have to go to court to retrieve the charges, which i said i would do gladly.

 

i discovered this morning that the halifax have put a stop on two of my accounts because i am over my limit on one account, which i am begrudged to pay as i truely believe they owe me money! after speeking to someone at collections, i was left frustrated and shocked, he asked me to prove to him that these charges were not in accordance with uk law and i replied i dont have the details in front of me sorry, but can you prove to me that the halifax are losing £39 when i fail a standing order etc? at which point he told me i had commited fraud and put a stop on my daughters savings account. i have logged a complaint with the halifax about this man who has in effect accused me of being a criminal and i've demanded a written appology. i'm off today to open another account with someone who's charges are not dispreportionate and who's emplyees are not so spiteful and rude. any pointers? someone told me nationwides charges are only twelve pounds.

prelim letter sent acc#1 july31st

total £1121

 

prelim letter sent acc#2 august 2nd

total £1898

 

LBA letter sent august 18th

 

MCOL filed 18th sept

Issued 19th sept

Acknowledged 20th sept

22nd sept Letter recieved from halifax full reimbursment in next 5 working days!

 

:p@ halifax

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Hello again Woozie, again chin up.

 

I went to the nat west, they are really friendly with me. Though I haven't checked out their charges, not planning on getting any,

 

Did you get the person's name who accused you of fraud?

Can you find out if the conversation was taped?

How old is your daughter?

Could she threaten them with legal action, as obviously she's not you.

 

On a brighter note your nearly finished with them, though I think you'll beat me, cos the fee for court is going to take me a couple of weeks.

 

Take care, think positive, you're nearly there, you WILL wipe the smug smile of their face.

  • Confused 1

Saxon

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heya saxon, my daughter is nine! so it is a joint account but the only money that goes into her account is child benefit! and i did get his name.

after speeking to someone in customer relations later on, i was informed they had lifted the block on her account, they became evasive when asked why it was lifted i suspect it should never have been blocked in the first place, i'm sure theyre legaly entitled to do so but morally speeking its just shocking behaviour.

i also spoke to another lass in collections in the afternoon who was quite intimidating, i know i shouldnt enter into dialog with these people about things but its quite hard when they ask you for money you owe them and they owe you so much more, there are a few threads on this forum which suggest people who work for the banks are generaly in agreement with the uprising against illegal penaties, but in my experience yesterday, the collections department are all for them.

 

 

i'm a little worried about one thing though, i recieved one of the old standard letters acknowledging my "complaint" and it says they recieved this complaint on the 16th, i sent it on the 2nd, i have now sent my LBA and i'm worried that it should be 14 days after they recieve it, it was sent first class recorded delivery:|

 

got a new account opened with the nationwide now who were also very polite!

 

i shall be doing the whole moneyclaim thing on friday 1st of september, so spreadsheets are being closely examined now! if i go first saxon then maybe i can spur you on in return hun:)

prelim letter sent acc#1 july31st

total £1121

 

prelim letter sent acc#2 august 2nd

total £1898

 

LBA letter sent august 18th

 

MCOL filed 18th sept

Issued 19th sept

Acknowledged 20th sept

22nd sept Letter recieved from halifax full reimbursment in next 5 working days!

 

:p@ halifax

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good luck woozie, you go girl :)

"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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Hi Woozie, did you check with track and trace online for when it was delivered?

 

I did but have since `lost' 2 recorded since so the last one to Halifax the LBA went special delivery. Couldn't really afford it but thought got to be sure they get it, and they did, no probs.

 

I have since spoken to a DCA, and they recieved the recorded letter the day after posting, it still hasn't been delivered according to royal mail.

 

So tempted to claim from royal mail for lost post, and claim the fee back because I was paying for a signiture and didn't get one.

 

Hehe 11 days and counting for you, we are all with you.

Saxon

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yeah ive tracked n traced all of the letters now, all sent recorded delivery, and NONE of them have been trackable, the first of which was sent seven weeks back! i'm disgusted with royal mail now and i AM going to get compensated for these letters, allbeit a bunch of stamps! i will from now on use the special delivery service and advise anyone reading this not to use the royal mails recorded delivery, its a farce.

 

i just hope i havnt sent the LBA letter too soon after the reciept of the prelim :-|

prelim letter sent acc#1 july31st

total £1121

 

prelim letter sent acc#2 august 2nd

total £1898

 

LBA letter sent august 18th

 

MCOL filed 18th sept

Issued 19th sept

Acknowledged 20th sept

22nd sept Letter recieved from halifax full reimbursment in next 5 working days!

 

:p@ halifax

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Keep going,

 

'Nil illigitimus carborundum' as the saying goes.

 

took me just over 3 months but got the CCJ for the lot.

almost praying for them to default on payment so I could send in the baliffs! :rolleyes:

  • Confused 1

:DSmile! it will worry 'em to death!

 

Ian.bjj

 

Any and all advice & opinions are offered informally, without prejudice & without liability. Always seek advice of a qualified insured professional if you have any doubts.

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  • 2 weeks later...

love that saying ian!!!

 

right ive given the ahems a little more time and ive decided to be brave and do this through my local court as oposed to mcol!

 

i'm wondering if i calculate the two accounts interest together? do i just merge the two totals into one claim now?

maybe i'm over polite, bumping threads seems a wee bit rude to me, but i need some advice here so i'm gonna bump til i get some!!!:-| TY

prelim letter sent acc#1 july31st

total £1121

 

prelim letter sent acc#2 august 2nd

total £1898

 

LBA letter sent august 18th

 

MCOL filed 18th sept

Issued 19th sept

Acknowledged 20th sept

22nd sept Letter recieved from halifax full reimbursment in next 5 working days!

 

:p@ halifax

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right ive given the ahems a little more time and ive decided to be brave and do this through my local court as oposed to mcol!

 

i'm wondering if i calculate the two accounts interest together? do i just merge the two totals into one claim now?

maybe i'm over polite, bumping threads seems a wee bit rude to me, but i need some advice here so i'm gonna bump til i get some!!!:-| TY

 

Hi ho onward and upward

 

I would ask your local court if you can issue a combined claim for the two accounts, you should be able to. If you can it will save one court fee (£120) However if you do, you need to be careful to itemise each part seperately in your Particular of Claim. The Library has an excellent suggest POC that you can use as a 'master'. Once you have issued the claim and applied for Interest (@ 8%) this is claimed 'ON A DAILY BASIS' in two parts.

 

first on the date of issue of the N1 in the format:-

 

interest at 8%pa pursuant to County Court Act From xx/xx/xx [maximum 6 years ago] to [date of issue of N1]... xxxx days @ £y.yy per day, total £zzz.zz,

 

Then add

 

plus further interest at £y.yy per day until judgement.

 

You can also request:-

 

Plus such other costs and damages as this honourable court sees fit and just

 

The library again has a brilliant little XL template that will calculate all your interest for you. not only the 8% court interest, but also just how much the little :rolleyes: 's have charged you during the last 6 years, which you also claim for.

 

ps latest here the :rolleyes:'s have defaulted on the judgement! and charged me a total of £134.00 for the privaledge! No more mr nice guy... Baliffs request went in this afternoon and a new CC Claim to be issued next week.

 

Wonder if the press will get to hear about it and be there when they go in? :evil:

:DSmile! it will worry 'em to death!

 

Ian.bjj

 

Any and all advice & opinions are offered informally, without prejudice & without liability. Always seek advice of a qualified insured professional if you have any doubts.

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  • 2 weeks later...

thanks for all you guys advice and support, today i have filed a claim with MCOL, i just pluralled words and gave extra dates etc. chickened out on the loacal court :-|

hopefully i havent confused anything! i'll keep you all posted!

prelim letter sent acc#1 july31st

total £1121

 

prelim letter sent acc#2 august 2nd

total £1898

 

LBA letter sent august 18th

 

MCOL filed 18th sept

Issued 19th sept

Acknowledged 20th sept

22nd sept Letter recieved from halifax full reimbursment in next 5 working days!

 

:p@ halifax

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claims been issued now :) how do i pm a mod? any clues?!

prelim letter sent acc#1 july31st

total £1121

 

prelim letter sent acc#2 august 2nd

total £1898

 

LBA letter sent august 18th

 

MCOL filed 18th sept

Issued 19th sept

Acknowledged 20th sept

22nd sept Letter recieved from halifax full reimbursment in next 5 working days!

 

:p@ halifax

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oops done it already!

prelim letter sent acc#1 july31st

total £1121

 

prelim letter sent acc#2 august 2nd

total £1898

 

LBA letter sent august 18th

 

MCOL filed 18th sept

Issued 19th sept

Acknowledged 20th sept

22nd sept Letter recieved from halifax full reimbursment in next 5 working days!

 

:p@ halifax

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my fingers are sore from being permenantly crossed lol, thank you so much for your words of encouragement, it really has kept my spirits and confidence up!

 

my claim was acknowledged today, quicker than i imagined, i guess you just have to think of the worst case senario to be safe hey! :D

prelim letter sent acc#1 july31st

total £1121

 

prelim letter sent acc#2 august 2nd

total £1898

 

LBA letter sent august 18th

 

MCOL filed 18th sept

Issued 19th sept

Acknowledged 20th sept

22nd sept Letter recieved from halifax full reimbursment in next 5 working days!

 

:p@ halifax

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Uncross those fingers so you can open the booze.lololol

HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

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