Jump to content


  • Tweets

  • Posts

    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
    • Just be careful with your language on what you post here - Keep it above board Lets see what you send to the big boss. 
    • I made that payment on 13th Feb, then it all went down hill. 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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

In for a penny!!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2475 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

Thanks chaps.

 

I havn't heard anything from Halifax yet so will be sending lba next week. Shame there is nothing about a date for the law lords decision.

Sal, it isn't the end of the OFT test case though. The HOL decision is just the preliminary issues and not the substantive ones. Unfortunately a lot of people are gonna be in for disappointment if they think the HoL decision is the end of it all.

.

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

Link to post
Share on other sites

  • Replies 172
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I sent my letters almost 12 months ago. I suppose it would be best to send them both again wouldn't it?

 

Whatever is the matter with me - I used to be so on the ball - and fairly useful to others................... :confused:

 

 

Link to post
Share on other sites

Indeed this could rumble on for another year, which is why sally you must get your claim in court and stayed.

 

Forget the LBA it will serve no purpose unless you are in hardship.

 

You need to get your claim stayed in court then if the case goes in the consumers favour you will be one of the million first in cue.

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Indeed this could rumble on for another year, which is why sally you must get your claim in court and stayed.

 

Forget the LBA it will serve no purpose unless you are in hardship.

 

You need to get your claim stayed in court then if the case goes in the consumers favour you will be one of the million first in cue.

pompey, the provisions within the FSA waiver allow compensation should the case go in the consumers favour, so it isn't entirely necessary to file at court(even though the site says you should).

.

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

Link to post
Share on other sites

I thought it was a case of wishful thinking that this would be the end of it. Some people do seem to think it will be but I won't believe it till the Fat Lady Sings.

 

Thanks for the quick responses but I still feel sending lba is the correct thing to do. Can't risk having it thrown out (potentially) 'cos I was being incorrect in not making it crystal clear I am claiming contractual.

 

 

Link to post
Share on other sites

hello

 

just as an aside to current posts - can anyone explain when a direct debit is returned unpaid (due to a couple of quid short) what have hsbos actually done to earn their 35 plus 28 quids

They only charge that if there is insufficient funds for the charge which leads to an unauthorised overdraft. Usually returned close of business on the day it is taken(however some banks will take charges at a later date and with notice given to you of it).

.

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

Link to post
Share on other sites

They don't want to talk to me till the test case is over. With more bank changes gone on since my prelim letter I think I will adapt the lba - just to let them know I'm going to stick to the guidelines.

 

DO HOPE IT IS ALL OVER BY NEXT YEAR. None of us are getting any younger - and I want a new bike, new roof and solar panels (to keep energy costs down) out of my winnings - my list is getting longer the longer this goes on......................

 

Silly me - I meant my bank charges claim, test case dosn't apply to this type.

Edited by sallysas
wrong claim

 

 

Link to post
Share on other sites

They don't want to talk to me till the test case is over. With more bank changes gone on since my prelim letter I think I will adapt the lba - just to let them know I'm going to stick to the guidelines.

 

DO HOPE IT IS ALL OVER BY NEXT YEAR. None of us are getting any younger - and I want a new bike, new roof and solar panels (to keep energy costs down) out of my winnings - my list is getting longer the longer this goes on......................

 

 

Link to post
Share on other sites

They don't want to talk to me till the test case is over. With more bank changes gone on since my prelim letter I think I will adapt the lba - just to let them know I'm going to stick to the guidelines.

 

DO HOPE IT IS ALL OVER BY NEXT YEAR. None of us are getting any younger - and I want a new bike, new roof and solar panels (to keep energy costs down) out of my winnings - my list is getting longer the longer this goes on......................

 

Sally, I know no one is mentioning the case on here but after the Prelimanry issues are the secondary ones. The OFT recently took on Foxton's Estate Agency and won in little over a year(there appeared to be a lot of crossover with the OFT test case as well) so Next year is a pretty good bet.

.

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

Link to post
Share on other sites

  • 4 months later...

I finally got my claim in last month. Just had it back for my contribution to the fee. So glad I did this before Supreme Court ruling although I expect I will have to amend poc but so what.

 

Obviously it refers to the UTCRR but mentions regulation 5 (1) and I've gone for compound interest at the authorised rate (well they didn't manage to charge me the unauthorised rate) and I'm not sure I could argue that successfully. I also used the unjust enrichment arguments.

 

We shall see. Still have one stayed which I know I will have to amend in the near future...............

 

 

Link to post
Share on other sites

  • 1 month later...

Going to file at court this week with test case over and waiting for new POC for current accounts. Can I use existing POC for this visa account as I've not been doing much reading in last few months. May as well concentrate on claims that can be won.............

 

 

Link to post
Share on other sites

  • 2 months later...

Hope it all goes well :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

  • 2 weeks later...

The Consumer Forums - Bank charges templates (consumer)

 

Just look here - one for bank and another for credit card.

 

I haven't filed as I said earlier. Can't find their letters to me and as a year has gone by I am sendinging the prelim tomorrow. Been busy in the garden that's why I haven't been posting

 

 

Link to post
Share on other sites

  • 3 years later...

I have some old charges going back to the 1990s and the interest rate then was 1.53 monthly.

 

If I enter 25.9 (which is what they could charge me on their website) with compound interest the result is truly staggering (almost 1200.00 in extra interest).

 

People,

can I justify this on the grounds that it is compensation for being deprived of this capital to invest at my choice

and also the fact that interest on the interest would have increased my outstanding debt to halifax which I only settled last year.

 

And the so-and-sos had entered a default on my account which is not due to 'drop off' till October this year

- even after I reached an arrangement to settle the debt and made the last payment last autumn.

 

Default is due to disappear 6 years after they defaulted my account originally so having an adverse effect on my credit rating.

 

What a difference that interest rate would make to my finances. any thoughts gratefully received.

 

 

Link to post
Share on other sites

unless you are prepared to go to court

you'll have a very hard job getting PENALTY charges back outside 6yrs

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 4 years later...

Working on the 'if you don't try you will never know' theory I have had a loan, current and mortgage account in the dim and distant past - does the £10 fee cover all of them or do I adjust the SAR and ask for all the information in one letter with an £30 cheque (gulp, as that might be a waste of money). No, I don't have any account numbers.

 

Or shall I just phone them up to enquire but all more than 6 years ago.

 

 

Link to post
Share on other sites

yes covers everything

its about you not one account

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...