Jump to content


  • Tweets

  • Posts

    • as this situation has now come up again for you, how confident are you that if you get on the straight and narrow with having a respite of 60days (Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk)... would you then be able to resume ok? if not quite honestly, the very best thing you can do is to get ALL your debts defaulted by the issuance of and the registering of a Default Notice from each creditor. this is done by stopping ALL PAYMENTS, it wont hurt you short term, esp as all the debts are still with the Original Creditors. this of course will kill credit for 6yrs, but, will cause the debts to vanish from your file (paid or not, paying or not) on the DN's 6th B'day, but of course that wont mean the debts are not still owed, legally, just your file will be clear of them all. if you read a good 10-20 of the stories in this very same forum you found to start yours, you'll soon get the idea behind the advice given. as for things like IVA/BK etc NEVER EVER do those, that secures unsecured debt. just contact one of the free DMP providers and get breathing space implemented, that gives you a 60 day buffer to firm up your future actions. but DO NOT enter into a DMP, do one yourself. they can be a bit pushy, but simply insist you just want breathing space invoked, i would only be giving them enough info to achieve BS too, don't give them anything you don't need too, they are funded by the banks and debt collectors and can sometimes be over intrusive and nosy wanting info that is better not revealed. dx    
    • “Not realising it was a no parking zone” doesn’t help you if the timing is correct, as (at least, on Google Maps / View) there is clear signage ('7am to midnight', parked at 15:22) What might be worth pursuing is the "ticket handed to driver" aspect : do you have any view on why they would be  stating that?
    • it's 85k of turnover (well, now £90k). However, you're digging yourself into another hole here. That ship has probably long since sailed. Is it worth pursuing this? You're not going to get anything back from it either way.
    • Hi,   A few pointers from yesterday to take note of evris cpr 27.9 failed again so we should really make issue of this also their WX fail to comply with CPR so again we should take issue with their statement of truth  you cant get tort if you get damages under subsection 7 of CRA because its double recovery  - not sure what we think of this? however its the first time i saw the judges make reference to your non automatic rights from s49 which s54 and 57 assist with. We should start stating this specifically for claims as I think its much better than just 49 and 57 as we need to make it clear where our non automatic rights come from as 54 automatic frankly dont help  I have sent the claim form and defences to the admin email because I can’t upload them for some reason as it wont let me but thought this may help as its the first time we’ve taken tort to trial. although i think the DDJ was honestly struggling to understand some parts of the law because he was asking me about them and how he should interpret them, especially for the automatic. Will apply for transcript if you want it?
  • 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

Still new to this


francoe
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5402 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

I posted something earlier but i feel it went in the wrong place & did not cover the whole story , although thanks for a reply.

My account was overdrawn @ 7/8/06 @ on this day i deposited a cheque for a considerable amount (this would more than cover everything mentioned here after), which by the way was issued from an account at the same branch, same sort code & same bank thus being barclays.

On the same day the cheque was banked, 9.30am 10 cheques were issued & posted, 1st class by me to various credit card & loan accounts to clear balances.

Obviously on the same day my overdraft was repaid apparently against my uncleared cheque.On the 8/8 3 direct debits were paid , still against my uncleared cheque.On the 9/8 a standing order was paid to barclayloan.Then on the 10/8 the cheques i had posted started to be presented , the first was to barclaycard which note was paid , the next 3 were then unpaid, then came 3 more all of which were to the same company, the first & third were paid but the second, unpaid & then one more unpaid.

Finally, same day, debit commission , the bank charges, to the tune of £175.00.

On the 11/8 the cheque i deposited apparently clears.Also this morning ,13/8, i receive a telephone call requesting a failed direct debit for a car payment , which has risen by £60.00 & i feel that this will not be the last of charges from 3rd parties.

Now although i understand claiming charges from the bank for failed payments,how do i go about collating & executing third party charges from the bank, as i feel that they have picked & choose to there benefit of what to pay.Hope this is understandable.

Can anybody steer me in the right direction.Thanks

Link to post
Share on other sites

You should read the faqs.

 

 

;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

The way I see it is thst you have two possible options. If the third party charges have been incurred solely by the banks unreasonabe or unlawful actions then you have a claim against them for recovery of those chartes. However, the third party are no more entitled to make such charges then are the banks. The charges are unlawul regardless of who makes them.

 

P.

Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.

MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06

Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06

Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.

Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

Link to post
Share on other sites

Yes that is correct.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

  • 2 weeks later...

Sent data request letter 22/08/06 received letter from townsend 26/8/06 saying under no obligation blah returned my cheque & said woud send statemens this time foc do i accecpt this or send the cheque back with another request.It also mentions that some statement info during 1999 to 2000 is manually stored on microfishe & does not fall within the data subject access provisions of the dpa.Is this bxxxxxks.Thans Rob

Link to post
Share on other sites

I had same. Didnt need to worry though as can only go back six years innit....

 

But they did send me statements from Nov 99 to date. And I didnt send them any £10....;)

Barclays bank PRELIM sent 29/08/06 £3439.18

aknowledged by them 1/9/06 Promised reply by 26/09/06

offer of £1000 received 30/09/06

LBA sent today, thanks but no thanks. Partial acceptable.

 

Halifax bank PRELIM sent 29/08/06 £1790.52

acknowledged by them 31/08/06 Promised reply within 4 weeks.

Offer of £194 received 08/09/06 :mad: LBA sent 13/09/06

Offer of £585 received 23/09/06 Rejection of offer sent

They have until 3/10/06 to pay in full before court action commences

Will not pay any more letter received from them 30/09/06

 

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

Link to post
Share on other sites

Hi Rob & Liz,

this is the dance here: You recieve your statements (to your timescale) or report them to banking Ombudsman...

Then you work out your charges... If you recieve 4 years statements totalling lets say £4000 then naturally because Barclays are claiming the old microfische tactic then your charges over 6 years would be estimated at £6000... then the ball is well and truely in Barclays court to disprove the sum... and that is something they aint gonna do in a month of sundays....Good Luck:D

LETS ROCK !!!:D :D :D

Link to post
Share on other sites

I can tell that some of my copies are printed from microfische though. They have printers attached, so its not as if its impossible.

 

I didnt really read their letter properly to tell the truth. I just saw the bit that said, statements will follow...:D

 

me bad:(

Barclays bank PRELIM sent 29/08/06 £3439.18

aknowledged by them 1/9/06 Promised reply by 26/09/06

offer of £1000 received 30/09/06

LBA sent today, thanks but no thanks. Partial acceptable.

 

Halifax bank PRELIM sent 29/08/06 £1790.52

acknowledged by them 31/08/06 Promised reply within 4 weeks.

Offer of £194 received 08/09/06 :mad: LBA sent 13/09/06

Offer of £585 received 23/09/06 Rejection of offer sent

They have until 3/10/06 to pay in full before court action commences

Will not pay any more letter received from them 30/09/06

 

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

Link to post
Share on other sites

Barclaycard are class at stating data stored pre 19?? are all stored on microfisch, and are therefore NOT covered by the Data Protection Act, hence they do not have to disclose the information.:mad:

LETS ROCK !!!:D :D :D

Link to post
Share on other sites

  • 4 weeks later...

Hello just an update on this.Copy of statements arrived yesterday.Before 40 day deadline.So far Bank being very co op , lets hope this continues. Were up to £2100.00.Next stage letters are of on monday.So far going as planned.Interesting to here that cases are going to the mercantile court.Banks wont be able to use this as a stalling point will they?Thanks for previous replies anyway

Link to post
Share on other sites

  • 5 months later...

Anyone help.If i use english simple excel & i list all charges it calculates interest in separate column.Am i claiming just the charges or both at this stage or do i just delete the interest column.Looked at faqs but cant find anything.thanks

Link to post
Share on other sites

Guest ian cognito

You don't include the interest at this stage but you will need it later so rather then deleting the days since claim and interest columns, highlight them both and select format, columns, hide from the menu bar, you can then unhide them at a later date, you can also print out just the charges by setting the print area from the format menu.

Link to post
Share on other sites

  • 2 years later...

so put me in the pic here.I have had my account changed to this reserve thing & get charged £22 a chuck.Can i cancel this & not affect my overdraft,i know these are bank charges in another guise,can you fight these charges?

 

Thanks

Link to post
Share on other sites

Hi Francoe,

 

I've moved your post into your own Barclays thread.

 

You'll have to see what your branch or Customer Services says about this.

 

They obviously don't want you to Opt Out of the Reserve system, so may well make it difficult for you to do this. Experience so far suggests that they may say you can Opt Out but you cannot keep any existing O/D facility.

 

Speak to them and come back. :)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...