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


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Really fed up with this claim today nothing has happened .........don't know if I should be doing anything ........I was really hoping for a cheque or some communication from Halifax to drop through the letter box !!!!!!!!!!!!!

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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Feeling more positive today !!!! Have even found time to add a signature ....so there is somewhere to write the words "Settled in Full"........ SOON !!!!!!!!!!

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 phoned Rachel Hinchcliffe on 01422 391096 and within 24 hours of me first talking to her politely but firmly ,I received PAYMENT IN FULL with no admission of liability ........

 

Please Moderator can I have the Mexican wave of little people ?????

and I don't konw how to change my user name so it says **WON** afterwards please advice !!!

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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Thanks to everybody for helping and trying to keep me sane throughout ........

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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Congrats bagsnballs!

Just out of curiousity who is Rachel Hinchcliffe? I filed my claim at my local county court last friday and have not heard anything, ahh all this waiting is driving me crazy!

Phoned the court just now and have been told they are short staffed and will be dealing with last weeks claims next week, dont they know what they are doing to me?!

The kind lady who helped me with my claim said I would hear this week but now it's going to be another 2 weeks probably.

Anyway will hopefully be posting I have won soon

Happy spending

Nikki x

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I'm in the same position had acknowledgement from courts stating halifax intend to defend, but not heard anything since I received that last week. Could some one tell me who this rachel Hinchcliffe is as I would like to ring her and get my cash back. also what did you tell her to get it speeded up?

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Racehel Hinchcliffe is the Litigation Lawyer ..Sales Retail Division 01422 391096

Halifax PLC

Trinity Road

Halifax

 

She claimed that my paperwork didn't get as far as her but when I rang her she managed to get all sorted very quickly ......in 24 hours she faxed a letter to me and put the money direct in to my account ......all she has asked me to do is write to the court to confirm everything is sorted .....

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 haven't heard anything from Halifax since the courts sent me a letter saying they intend to defend. I had mine acknowledged on 24th august 06, so going by your time scale I should have been paid up by 9th september 06. If they don't pay me by then do you think it might be worth me calling this Rachel Hinchcliffe and asking her to sort it.

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I only ever had 2 short letters saying no refund and 3 sets of statements from Halifax.......Oh and a letter offering to increase my bank loan !!!!!!!!

I think they may be playing a waiting game to scare already vulnerable people ..........I don't know about anybody else on this forum but some of these bank charges meant I went to bed hungry and depressed .........they seem to be inflicted on the poorer people in society so the richer get their banking free .......I suspect they are making a fortune out of benefit payments that now go into bank accounts ........ don't let them scare you .......... look at the figures

if they charge 1 million people £30 for exceeding the overdraft limit how much do they make ????? Silly question but the answer is a shock !!!!!

When I went in to withdraw my refunded charges the assistant adviced me that the account I had it in wasn't a very good rate of interest , I just smiled thinking this money had earnt me 8% !!!!

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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That's a good point about the 8% hadn't thought of it like that.

 

I know what you mean about penalising the less able to pay as I'm self employed and have 5 children and there has been months when these charges have been around the 200 quid mark and we have had to leave other bills unpaid to make sure we didn't go over the overdraft again nad they have you in such a position that they always get there charges paid first. It good to see so many people getting something back of them. The problem is they have probably made more in interest over the six years then what they are paying out. It's about time the government stepped in and made them pay these back to everyone who has been charged.

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I am also selfemployed and most of my charges have been whilst funds are clearing ...I suspect that they are quietly paying up at the moment as they know they can not get away with this arrangement for much longer ..........there is no excuse for cheques to take so long to clear ...and what is all this????? if you pay in after 3.30 it count s as the next day .....all clever manoevures to actually have our money for longer in their grubby little mitts . I also had months when the charges reached £200 , and I have kids, my business is small and I can't affford a business account but we can just about survive if I don't have these charges !!!!!

I have now reduced my overdraft as I think it is very easy to have an attitude of

"oh well its overdraft lets just spend it " and now I watch cheques clear online and then spend the money ..not before and hopefully no charges ever agin ....just everybody can wait

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 too am self employed and have suffered the degredation of not having bills payed because the Halifax thought they needed the money more than I did to pay my bills.I'd like to meet the person (keeping it polite here)that told me I was abusing my account when he rang from there call centre to tell me off about the state of my account,It was in that state because they had taken out bank charges and he accused me of abusing my account.I'm sure you can imagine how fuming I was, not a single helpful word.I wish I had this guys name and the date he rang me I drag his sorry ass through the court and he be out of a job be out of a job.:mad: :mad: :mad: :mad: :mad: :mad: The only sad part about this is that no one will suffer the consiquecies in these banks,there all like football managers,jobs for the boys,you can be the worst of the worst and still come out financially rediculasly better off.CONGRATULATIONS BARB.

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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I Have Just Received A Reply To My First Letter Saying They Are Sorry I Am Unhappy And Will Deal With My Case Within 4 Weeks!!!!!! I Asked For A List Of Charges For The Last 6 Years But Have Not Received It So How Can I Send The Lba If I Dont Know How Much I Am Claiming.

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I Have Just Received A Reply To My First Letter Saying They Are Sorry I Am Unhappy And Will Deal With My Case Within 4 Weeks!!!!!! I Asked For A List Of Charges For The Last 6 Years But Have Not Received It So How Can I Send The Lba If I Dont Know How Much I Am Claiming.

 

Read through the FAQ's on this site and most importantly keep to your timescale! Did you send them the £10 statutory fee? I wrote to halifax asking for a list of all charges on my account and gave them permission to deduct the fee from my account. I then got a letter back saying "do you confirm that you give permission for us to take £5" so I was like, oh well that's a fiver less than I expected so I wrote back and said yes. I was then sent an "investors Account Report" which was clearly sent to put me off - it was gibberish to me and something only someone working in a bank would understand. I also noticed the information was incomplete as it only went to Oct 05. I found a thread on here with someone's details so I rang him - Mark Kellett - and he was great, really helpful. He even apologised for my inconvenience. Anyway, they never actually took the £5 fee so it turns out I got the info for free. I told him i'd received the IAR and he said they're really hard to figure out so he printed off my statements there and then and also got his mate to print off a list just with the charges info on it! He sent them special delivery and I got them the next day. Ring if you aren't getting anywhere but try to keep most of it in writing as evidence, and always get proof of posting.

 

I worked out they only owe me about £288 but i've send my prelim so waiting to see what happens now. Fingers crossed - good luck with your claim!!

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Have you sent the data protection letter asking for the statements?allow 40 days for them to respond its sounds like you've missed the first stage and they will mess you around like mad stick to data protection act letter (SEE IN template library) allow 40 days for them to return.when they arrive add up charges send the "prelim letter" asking for the returns of money allow 14 days,then send "letter before action" if they don't send your money back.then you do your Money claim or N1 form if you prefer to take it into the court yourself and at this stage and only at this stage do you add the 8% section 69 County Court act 1984 in terestGo through the FAQ's keep reading you'll get the jist eventually.Regards Nigel

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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They will get a feeling of you don't know what you are doing Its done this way so it will with stand in court.then they know you mean business and that its probably come with help from this site and thats a lot of help and power to your case.

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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