Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • 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
  • Recommended Topics

Bank charge claim, help please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5441 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Sorry not sure if this is in right section, tried finding a specfific one to bank claims but couldnt find one,

Can a member of site team please move to relevant section if this is the wrong one,

 

Basically my brother has over just over £1000 of charges via yorkshire bank,

Hes now unemployed with 2 young children,but his partner works, they claim families working tax,

Can he put a claim in now or does he have to wait till the banks appeal is decided,

Also alot of those charges are from almost 6 years ago so hes worried they may expire if the banks drag this appeal on,, is there any time limit on how far back you can claim,

thanks

Link to post
Share on other sites

Hi Mak,

 

Bang a claim in now if he has all his statements or knows exactly how much they have charged him. Otherwise do a SAR, then bang in the claim and do it on hardship grounds too. They have to look sympathetically on these cases

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Hi Mak,

 

Bang a claim in now if he has all his statements or knows exactly how much they have charged him. Otherwise do a SAR, then bang in the claim and do it on hardship grounds too. They have to look sympathetically on these cases

 

Thanks, yes he already has all his statements and list of charges,

I will get the templates up later and send to him.

How far back can he claim, ?

is there a link to the do"s and donts for best results etc,

also understand he needs to be claiming interest?

 

thanks Mak

Link to post
Share on other sites

As far as I'm aware, he can claim back up to six years of charges

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Thanks,much appreciated,

what criterea is it for hardship cases, and will they still try and delay his claim,?

If they dont accept it under the harship rules, and this banks appeal process drags on, once its resolved will he loose the right to any charges that are then over the 6 years old?

 

Mak

Link to post
Share on other sites

If he is on benefits, that counts as hardship due to the government giving out what they consider to be the minimum to live on.

 

Don't worry about the six year bit. once his claim goes in, he can claim back the six years plus any further charges up until the test case is resolved (even if it took another couple of years)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

As far as I'm aware, he can claim back up to six years of charges
The six years comes from s5 of the Limitations Act 1980
5 An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued
However, there is a school of thought that says you can claim back as far as you can get information by invoking s32 of the Act
32 (1) Subject to subsections (3) and (4A) below, where in the case of any action for which a period of limitation is prescribed by this Act, either--

(a) the action is based upon the fraud of the defendant; or

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

© the action is for relief from the consequences of a mistake;

 

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

You paid the charges mistakenly thinking that they were lawful and the bank concealed from you the fact that they were not.

 

 

Link to post
Share on other sites

  • 2 weeks later...

Thanks guys,

need a bit of help please, just doing the paperwork now re figures etc,,

some of these charges were 6 years and 4 months ago, so should we claim those back too?

Also quiet a few overdraft charges, are those re claimable?

 

Also how do we calcualte the interest due as the charges have accumulated over 6 years,

 

I can list all the charges and dates if thats helpfull?

which is the best letter template top send of his claim with?

 

Thanks

Mak

Link to post
Share on other sites

Where Yorkshire Bank are concerned we know that they knew the full true cost of charges and concealed them, which means you can claim back more than 6 years.

 

There are a number of stickies at the top of this forum that you should read.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Thanks.

yes think i understand now after reading,am i right in thinking interest is only claimable if done through a court claim.

Is there any sepcific wording i need to attach to claim back further than 6 years,

ie how to word the initial reclaim letter to invoke section 32 of the act?

Thanks

Mak

Link to post
Share on other sites

You do need to start a court claim but not yet because of the test case - send the prelim letter and ten the LBA but thten stop. In both, you can say something like "I am aware that some of the charges I am recaliming are older than 6 years but I intend to claim under s32(1)(b) of the Limitations Act 1980 on the grounds that YB concealed the true nature of their costs in relation to my defaults on the account"

 

 

Link to post
Share on other sites

  • 2 weeks later...

THat is what I have advised although other members of the team do not agree, including Bankfodder.

 

My reasoninhg is that once the test case is finally over, one of 2 things will happen:

 

1. the banks will lose and all claims that ar beyong the prelim stage will be paid automatically

 

2. the banks will win and any calim that has got to the coutr stage will lose the fee paid.

 

So I felt that stopping at the LBA statge would save the fee should the banks win (not very likely, I grant you) and you wold get paid anyway if they lose (the most likely option). Howevere, other team members see it slightly differently, based on the belief that the banks willdefinitely not win (which I think is pretty much the case). If you do not file in court, then you will not get interest.

 

So it depends on how conservative you are.

 

 

Link to post
Share on other sites

I see your point, in my case the interest makes up rather a large chunk so I would be reluctant to gamble with it. I would rather gamble the court fee.

Does the sending of a LBA stop the 6 year clock ticking? If the banks manage to swing some sort of limitation deal wouldnt a large part of the claim be lost?

 

DH

Link to post
Share on other sites

The POC is not forgotten Dr Hunter.;)

 

I have to say that I'm of the view that it's better to put in the court claim, which I intend to do myself, but Steven is right that those who have to pay court fees risk losing them.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...