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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

KPiotrowicz Vs. Halifax Bank and Card Services *Settled in Full *

kpiotrowicz

By kpiotrowicz
in Halifax and IF successes

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kpiotrowicz

kpiotrowicz

Posted
Posted

Well, I've sent a prelim for my two halifax accounts and had an offer to settle for about half what I am claiming for. I sent an LBA in response rejecting that offer and requesting the full sum. Haven't heard back.

 

I've sent an LBA for charges from Halifax Credit Card and received a reply saying that I will not get a refund as I agreed to the terms and conditions regarding late payment charges when I got the credit card. Does that still mean I can claim? It is a credit card after all.

 

Looks like I'm going to have go through small claims for both of these. I've followed the FAQ to the letter and included schedules of charges and sent everything recorded delivery.

 

What do you reckon? Move forward and start claiming. Was hoping they'd just cough up. :-)

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MARTIN3030

MARTIN3030

Posted
Posted

Yes you have done well and followed procedures.

Time now to show them you mean business just follow through with it !

 

;)

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.

 

 

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MARTIN3030

MARTIN3030

Posted
Posted

You will survive theres no question about that..............Tho I cant vouch for you after your celebration party once you get your money !!

 

:rolleyes:

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.

 

 

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MARTIN3030

MARTIN3030

Posted
Posted

try this

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

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.

 

 

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MARTIN3030

MARTIN3030

Posted
Posted

possibly.

 

There are a number of links for spreadsheets.

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.

 

 

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AJG1969

AJG1969

Posted
Posted

Well Done, congratulations

:pAmanda :p

 

CURRENT ACCOUNT HALIFAX

Data Protection Act sent 21.6.06

Prelim sent 26.6.06 by post and e-mail

offer rejected as full payment £315.00 3.7.06. Willing to accept as Partial .

LBA sent 10.7.06 by post and e-mail

offer rejected as Full payment £946.00 19.7.06. Willing to accept as Partial.

Online Money Claim filed 24.7.06 £3,011 inc int and fee

Issued 25.7.06 (not acknowledged yet)

:!:

Judgement requested 15.8.06, Halicrap Acknowledged 15.8.06!!!! What is going on with them!!!

:mad:

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AJG1969

AJG1969

Posted
Posted

Well Done, congratulations

:pAmanda :p

 

CURRENT ACCOUNT HALIFAX

Data Protection Act sent 21.6.06

Prelim sent 26.6.06 by post and e-mail

offer rejected as full payment £315.00 3.7.06. Willing to accept as Partial .

LBA sent 10.7.06 by post and e-mail

offer rejected as Full payment £946.00 19.7.06. Willing to accept as Partial.

Online Money Claim filed 24.7.06 £3,011 inc int and fee

Issued 25.7.06 (not acknowledged yet)

:!:

Judgement requested 15.8.06, Halicrap Acknowledged 15.8.06!!!! What is going on with them!!!

:mad:

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MARTIN3030

MARTIN3030

Posted
Posted

Good result............and now you have the fee for the mc against the next claim !!!

 

Which they will be paying of course :D

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.

 

 

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MARTIN3030

MARTIN3030

Posted
Posted

Dont see why not as its all part of the same group.

 

Maybe operations there have the tie up with the bank of Scotland,but as you know HBOS now falls under 1 umbrella.

 

Besides there have been MCs already for the cards so I would think the Trinity Road address would be ok.

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.

 

 

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kpiotrowicz

kpiotrowicz

Posted
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Posted

I've been trying to do a MoneyClaim online and I am a bit fuzzy on the Particulars of Claim section. You have limited space to make your case and it asks in a box if you want to reserve your right to interest. The problem is that it works out interest in its own way using 8% from the time that money was charged. The problem is that I am claiming for lots of little bits of money each charged at different dates and therefore having different amounts of interest. What should I put? Has anyone used this MC online and what did they do? The interest spreadsheet in the library here looks a bit useless in the face of this.

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MARTIN3030

MARTIN3030

Posted
Posted

You will then need to do the interest calculations individually if I am understanding you right.

 

The spreadsheets,whilst appearing to look daunting can do this for you.

 

Alternatively you could use the online interest calculator from the site and do them in notepad or word as a schedule.

 

 

Take some time to read the issues......you will find lots of supporting posts about interest in the forums.

 

:D

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.

 

 

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kpiotrowicz

kpiotrowicz

Posted
  • Author
Posted

Thankyou. I have taken A LOT of time to read the issues and haven't found a satisfactory answer. I think I more understand how to put in the interest and have used the spreadsheet to calculate it. However, the online form for MoneyClaim Particulars of claim just doesn't have enough room to put in an argument as well as put in all the details of each penalty charge I have suffered. The Particulars of Claim in the library was of little use as it amounts to about 2000 characters which is double what is allowed. I can't seem to find a smaller template. How much detail of the charges do I need to put???

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MARTIN3030

MARTIN3030

Posted
Posted

Ahhh now I see your point.

 

Here are the details you need and it will fit....I have used it twice myself.

 

 

Claimant has account (A/C No) with Defendant from (Date)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00)

 

 

Paste it in the form then format it to 24 lines.

Just fill in missing bits.

 

The individual interest charges will not as you say fit.

You should send this (with interest calculated ) on a schedule/spreadsheet to the court and a copy to the defendants

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.

 

 

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MARTIN3030

MARTIN3030

Posted
Posted

No just put the date of your first charge (that falls within the limitations period )

 

so if this was say 11/2003 then start from there.

 

So the earliest you could go back to is August 2000

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.

 

 

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kessik

kessik

Posted
Posted

Martin

You are such a helpful person - there were two things I was unsure of and you have answered both in this thread. Good man yerself! :)

Barclays £3065 - prelim letter 30/7/06 - LBA 15/8/06

Halifax CC £495 - prelim letter 30/7/06 - LBA 15/8/06 - MCOL 5/9/06 - FULL REFUND!!

Sainsburys CC £580 - prelim letter 30/7/06 - offered £25 10/8/06 :lol: - LBA 15/8/06 - MCOL 3/9/06 - FULL REFUND!!

First Direct £352.50 - prelim letter 11/8/06 - LBA 25/8/06 - offer of FULL AMOUNT 7/9/06

Virgin CC - Data Protection Act letter 3/8/06

New Look £110 - prelim letter 30/7/06 - LBA 15/8/06 - offered £50 20/8/06 - MCOL 1/9/06 - £142.25 r'cd 25/9/06

OH MBNA CC - Data Protection Act letter 14/8/06

OH Halifax CC - Data Protection Act letter 14/8/06

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MARTIN3030

MARTIN3030

Posted
Posted

Not a problem........I am still learning myself !!

 

:D

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.

 

 

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MARTIN3030

MARTIN3030

Posted
Posted

Yes the link is a site temp.

look in the bank temps threads.......should be under moneyclaim particulars.

 

:)

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.

 

 

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