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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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TSB Charges reclaim


rippedoff15
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hI All,

 

Well the bank have jsut confirmed the amount of charges and on 2 accounts they have taken £1,278.00, i have sent a letter requesting the funds to be repaid ( sent by recorded delviery ) but iam sure they will just write confirming the request and will not repay.

 

Once they have had the letter 14 working days is it correct that we send the letter before action ?

 

Cheers

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Today the bank have confirmed our issue with regard to the claiming of charges but have now sent the detaisl to another department ????, and they request that we wait / give them time to look into the claim

 

 

has anyone else had this type of reply ???

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Hi rippedoff:)

 

When I first contacted LTSB I sent the letter to Birmingham and they responded saying they had passed my complaint to Andover who specialise in this type of complaint and would get a response to me within 4 weeks. The first reply I had from Andover apologised that it was taking longer than they had expected to look into the complaint.

 

This was back in Feb 2009 and have had 22 :eek: letters back from them since then - some from departments I have had no contact with whatsoever and including a couple from their in-house solicitors ****. Apart from this there have been enforcement notices and letters from a DCA acting on LTSB's behalf.

 

I admit that I have contacted them again since my initial request for repayment of charges asking to be considered under the hardship waiver, and that I really should have moved on to the FOS/Court by now but I have been hoping it would get remedied without having to get to that stage. However, I am now running out of patience and as soon as my 14 days in my LBA are up I will be heading to court.

 

So, in answer to your question - yes send the LBA after 14 days are up - don't prevaricate like I have done!

 

Do, however, be prepared for LTSB to fob you off with all sorts of excuses rather than sending you a final response - or a positive one for that matter.

 

Another thing is, despite using reference numbers on their responses, I have received letters with so many different reference numbers that, coupled with the fact their responses are always terribly vague, you don't always know exactly what they are referring to.

 

File all responses in chronological order, keep the envelopes (I always write the date received on the envelopes too, as often the date received is a whole week after the date on the letter!), send all your letters recorded delivery, stick to your timelines not theirs, don't expect an early resolution and do expect a load of c**p back from LTSB!

 

Hope you have success and will keep an eye on your progress!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Hi All,

 

Well Lloyds are now taking the P***, today we had our tax credit paid into our account and YES they have taken the charges £70.00, have already sent them LBA for the 2 accounts claiming a totalling £2,000.00

 

One charge of £35.00 was for going overdraw £1.44 for 2 days, madness this has made me even more mad and after the 14 days letter we will issue the next stage

 

cheers:evil:

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Hi rippedoff:)

 

I'm not surprised that Lloyds have done this - we only recently discovered that they had taken several months worth of child tax credit from our account, which we had been getting because of a mix-up when, due to an error, the credits had ceased then restarted again without our knowledge. Unfortunately, because we hadn't realised the child tax credits had again started to be paid, we assumed the account was dormant and LTSB were just able to help themselves to them in the form of charges they applied as our account was over it's limit.

 

I don't blame you for being mad when they charge so much for such a minor transgression - stick to your guns and issue the next stage as you have stated.

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Well ,

 

Yes everyone is right the bank claiming they have to wait until the hearings are confirmed and feel that people claiming is just wrong haha, so we have just sent off the last letter and getting the court papers ready.

 

cheers

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Well Today we had a reply from lloyds TSB regarding the bank charges claim, we have stated to them that we are having hardship as the charges took money which we could not afford, and since june 2008 i ahve not worked following roken leg / ankle and lost my company and at present unemployed. Theysaid they looked at the claim??? and found that lossing my company was my own fault and the charges they took over the years had no impact.

 

therefore they would not accept the hardship claim and would only look at the claim when the test caes were confirmed, they also informed me if a took court action they would not accept the claim.

 

has anyone else had this type of reply

 

cheers:mad:

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Do you have priority debt arrears(mortgage/rent, council tax, utilities)?

 

The reply is what is required under the waiver, ie their reasoning for rejecting the hardship part of the claim. If you file at court the case will be stayed.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi

 

At present we are paying rent, loans, etc would we are currently getting benefit only as now iam empolyed, if we file the court papers next week what happens next ? also how do work out the daily interest charge ?

 

cheers

 

Hardship House repo, lost business following illness, total of £50k debts and unable to repay

 

thats hardship :mad:

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Hi

 

At present we are paying rent, loans, etc would we are currently getting benefit only as now iam empolyed, if we file the court papers next week what happens next ? also how do work out the daily interest charge ?

 

cheers

 

Hardship House repo, lost business following illness, total of £50k debts and unable to repay

 

thats hardship :mad:

 

Are there arrears on priority debts? If not then it isn't hardship unfortunately.

There should be something in the CAG tutorials about interest btw.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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  • 2 weeks later...

Well yet another letter from lloyds but this time they confirm that we fit the critera under the hardship claim, but thats all they then go on referign to the test case and can not confirm until this case / appeal ha been completed.

 

It just seems the banks keep delaying all the time, so we have just completed the court papers to file, why should we wait for our money back whe the bank can take our funds when ever they like

 

cheers

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Well yet another letter from lloyds but this time they confirm that we fit the critera under the hardship claim, but thats all they then go on referign to the test case and can not confirm until this case / appeal ha been completed.

 

It just seems the banks keep delaying all the time, so we have just completed the court papers to file, why should we wait for our money back whe the bank can take our funds when ever they like

 

cheers

 

Blimey. Wish I owned two properties like you do (at least one of which you rent out) and yet still qualified under the Banks 'Hardship' criteria.

 

Funny old world isnt it?

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Blimey. Wish I owned two properties like you do (at least one of which you rent out) and yet still qualified under the Banks 'Hardship' criteria.

 

Funny old world isnt it?

 

Hi Planner

 

we wish we did own both houses, we rented our house out as i can not work following an illness and unable to pay the mortgage & loans secured on it and the rent covered the repayments only, we rent another property from my sister for a very small fee as it was left to her and mortgage free. and since my BR the house which is in joint names is now worth £60k less thus trying to keep it longer to avoid a mortgage shortfall in the wifes name.

 

and the hardship claim was fully confirmed with house income and all out out goings.

 

cheers

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Hi Planner

 

we wish we did own both houses, we rented our house out as i can not work following an illness and unable to pay the mortgage & loans secured on it and the rent covered the repayments only, we rent another property from my sister for a very small fee as it was left to her and mortgage free. and since my BR the house which is in joint names is now worth £60k less thus trying to keep it longer to avoid a mortgage shortfall in the wifes name.

 

and the hardship claim was fully confirmed with house income and all out out goings.

 

cheers

 

Think should should update your rental thread then, as you are quite clear that you are paying TWO mortgages.

 

Cheers.

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Hi Planner

 

we wish we did own both houses, we rented our house out as i can not work following an illness and unable to pay the mortgage & loans secured on it and the rent covered the repayments only, we rent another property from my sister for a very small fee as it was left to her and mortgage free. and since my BR the house which is in joint names is now worth £60k less thus trying to keep it longer to avoid a mortgage shortfall in the wifes name.

 

and the hardship claim was fully confirmed with house income and all out out goings.

 

cheers

 

Ask the bank to send out a final response or a financial hardship closure letter which should explain their reasons for not classing you as being in financial hardship.

Once you have that we might be able to do something about that. However under FH rules they do not have to refund any charges whatsoever but can suspend charges and interest or not pursue you for arrears on the account.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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