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    • 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

Barb v Halifax ***SETTLED IN FULL***


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so I have got this far .......got 2 sets of statements .......they haven't cashed the cheque I sent them ......done the spreadsheet with interest ...have been filling out the money claim form and then shock horror the fee is £120 !!!!!!!

as My claim is for £1508.51..this is the Halifax bank !!!

 

Most of my charges have come from them taking so long to clear cheques, on paper I have rarely gone over my overdraft limit.

I have even begged them to hold back on a charge in the past as it would mean I would incurr another, they refused .... they have no feelings .....

now I am deliberating can I afford to loose another £120 ...should I back out or is it worth the fight .....

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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Looking at the survey results there are 191 people who Halifax have refunded £223,000 so far ( and there will be others who haven't filled in the survey)

 

You've come this far, don't give up now. The court fee is refunded by Halifax, so you will get the £120 back

 

If you back out now, Halifax have won

 

Just go for it.

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have just printed the next letter ...the one before action .......going to post box next ....now if I look at it positivley I have 2 weeks to save up the £120 fee !!!!

and if I get the money back I can clear my credit card ......thenks for your support ...

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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Can you just confirm what exactly you have done so far?

 

From the sound of your first post you have requested the statements and you are going to jump straight in and start a claim?? If so - STOP!!

 

You need to have a good read through the FAQs - especially the step-by-step guide. Don't start a claim until you have sent the prelim and the LBA and allowed the relevant time in between the letters.

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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I have done the letters ..... I was just finding out how much it was going to cost me to claim and was almost disheartened enough to give up ....but now have renewed energy and now have posted LBA and have money claim ready and am going to save up for the costs !!!!!!

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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  • 3 weeks later...

I have sent the letter before action stating that they have 14days to respond and no reply !!!

I am now fed up as I hoped they would settle before I did Money claim .....

My claim is for 1508.51 in total which means I need to find a hefty fee of £120 which is putting me off even more ...any advice and/or encouragement would be appreciated !!

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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They almost certainly won't pay up before Moneyclaim (unless it's a derisory offer). :( When it does get to Moneyclaim you will be able to add the 8% s69 interest, boosting your payout, so the fee will be well spent - you get that back as well, along with the DPA fee (if paid) and postage costs.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Hang in there kid - I had to delay my Moneyclaim by a week as I couldn't afford it at the time. It will be going in tomorrow, touch wood.

 

Sadly Halifax seemingly will not settle in full without their beloved customers having to jump the Moneyclaim set of hurdles. I wonder how many people they have managed to put off by adopting this tactic ?

 

Anyway, save your pennies and revel in the glory of getting all your money back sometime soon : any friends or relatives who can lend you the dosh (the bank will pay it back when they settle) ?

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Thanks for the encouragement !!!

I have added the interest in to the amount claimed.... is that correct ???

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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am i also right in thinking that money calim deal with your case more or less next day .........Halifax have had nearly 3 weeks since the letter before action and no reply ....should I proceed ?

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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It is served within 2 working days (as I understand it) and you can check the status online.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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What does that mean "it is served" ?

I have noticed I can check status on line ...don't have enough cash yet to send it am waiting for payment for work done .......I am self employed.....

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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A copy is deemed to have been delivered to Halifax. :)

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Share on other sites

Thanks for your help I am going to do IT this week !!!!!

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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I have made my claim to Money claim, paid the fee, Halifax have until 8th August to reply !!!! But I am being asked on the money claim form how I want jugdement to be made ,the choices are .....By Default or by Jugdement ......can anyone explain this ?

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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It is a great reply and would take me hours of studying to work out ....I have to continue to work and look after the kids ...life can't just stop to reclaim this money ...which is why this site is so useful ...I have been able to proceed one step at a time ...and I won't have any difficulty finding time to spend the refund when I get it !!!!

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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  • 3 weeks later...

the date on my Note of Issue from Northampton County Court was 8th August ..........I haven't herd anything form the court or Halifax do I tick the box on line that says

 

The defendant has not filed an admission or defence to my claim, (Judgment by Default)

 

Thanks for your help.....

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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4 threads merged - Please do not start separate threads for the same claim.

..

.

 

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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Thanks for merging me !!!

 

And I have just asked for my case to be judged by default on the money claim !!!!

Does that mean I may have won..as Halifax have made no attempt to contact me they just keep resending my statements.

I have claimed £1508.31 Plus £120 court costs

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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It does, in theory. They could then decide to ask for a set-aside if they claim not to have had the claim details etc etc, but in all likelihood will pay out once they receive notification from the court.

..

.

 

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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Thanks !!!!!!!

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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Please can someone advice me again !!!!! I now have this message on Money claim

Your judgment request has been accepted. The order has been sent to the Defendant.

 

Do I give the bank time to respond as the next step seems to be to issue a warrant and then I have to pay out yet more money ? The only comunication I have had from the bank is 3 sets of statements !!!!!

 

Halifax Charges ..... £1508.31 Plus £120 court costs

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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The judgement against Halifax was entered on 15th August ....but I haven't heard a thing ....... what can I do?? Anyone advice please ???

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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mine was on the same day :-) ....(see my thread) by reading other posts I am guesiing either today or next couple of days we will see on mcol that they are defending or aknowledged?? then going by others on here we should see the money back where it belongs about 3-4 days later :-)

 

This is not definitive though it could last the full 28 days which takes us to sept. 12th (Ithink) although they have to aknowledge in some way by the 29th aug.

 

If not then we can start judgement!! :-)

 

dave x

:eek:

05-01-06 prelim sent

14-06-06 LBA 1 Sent (claim for 1 yr)

21-06-06 Offer recieved for £312

31-07-06 recieved 6yrs statements

31-07-06 LBA 2 sent (Request £1,611)

14-8-06 Money Claim submitted
:D

15-8-06 Issued

23-8-06 Aknowledged

24-8-06 Offer for £650

30th - 8 - 06 PAID IN FULL!!!!!!!!
:D

Shaz n dave vs Barclays :smile:

26-7-06 Prelim letter sent (Request £1,585)

2-8-06 Confirmation that pre lim recieved, been passed to relavent dept!!!?

10-8-06 LBA sent (request as above)

18-8-06 £720 offered - (accepted as a partial settlement to full claim)

4-9-06 MCOL - LETS GO!!

My Little Bruv vs Lloyds:-x

9-8-06 Pre-lim sent (Request £295)

16-8-06 received letter (sorry... will be passed to ..... blah blah)

23-8-06 LBA sent

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