Jump to content


  • Tweets

  • Posts

    • Good Law Project are trying to force HMG to release details of how Sunak's hedge fund made large profits from Moderna. Government ordered to disclose Sunak’s hedge fund emails - Good Law Project GOODLAWPROJECT.ORG Good Law Project has won a battle with the Treasury after it tried to suppress emails between Rishi Sunak and the hedge fund he founded.  
    • Nick Wallis has written up the first day of Angela van den Bogerd's evidence to the inquiry. I thought she was awful. She's decided to go with being not bright enough to spot what was happening over Fujitsu altering entries on the Horizon system, rather than covering up important facts. She's there today as well. The First Lady of Flat Earth – Post Office Scandal WWW.POSTOFFICESCANDAL.UK Angela van den Bogerd, on oath once more It is possible that Angela van den Bogerd and her senior colleagues (Rodric Williams, Mark Davies, Susan...  
    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
  • 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

Bigyeti and the daily overdraft charges


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4902 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 have let Halifax carry on piling on their unagreed charges for several months now and they are now running to £150 per month meaning the account accordig to them is now £812 overdrawn. So far so extortionate. However, after checking my credit record, they are filing stuff on there each month. I sent a CCA request and they returned it saying that there isn't a credit agreement on this type of account.

 

I was hoping they might admit that I haven't agreed to the new charges. So, does an overdraft come under the Consumer Credit Act?

Link to post
Share on other sites

  • 2 weeks later...

It seems that Section 10 of the CCA does indeed cover overdrafts. Now, they're stating the opposite. Does that mean that the overdraft is unenforcable including all the extraneous whimsical charges they have added on top?

Link to post
Share on other sites

  • 2 weeks later...

you know what i hope your right lol. im getting shafted by albion at the moment. after hbos terminating my accounts before remedy date on the default etc. hbos have added near a grand of charges on the two accounts. be intersting to see if they add more on end of this month, even after closing both acounts lol

Link to post
Share on other sites

Oh they will. They say close the account, they mean just freeze it which means no transactions. Except their charges of course.

 

Anyway, I sent the cheque back again requesting the agreement and this time quoted the relevant legislation and mentioned the the Sebastyen vs Coutts case. Two days ago, they cashed the cheque so we'll see what comes up now.

Link to post
Share on other sites

thetletters say ended my agreement. what agreement lol. as you say they will have no agreement to send you, i hope thats the case about it being unenforcable. that would be interesting. are hbos only allowed arrears if they unlawfully ended my agreement before the remedy date?? and not the overdraft.

Link to post
Share on other sites

If they issued you a warning of an impending default with something like "You have 21 days to remedy the account and clear the arrears" and then they issue a default within that time, then they have cocked up. I don't know the precise legislation, but there is a substantial thread on here that explains it in far better detail.

 

I think this is the one

http://www.consumeractiongroup.co.uk/forum/showthread.php?196312-Invalid-Default-Notices&highlight=default

Link to post
Share on other sites

  • 2 weeks later...

They cashed the £1 cheque on 24th August, which was 15 days ago and therefore they have exceeded the time limit. I'm about to send this:

 

--

Regarding my request for a consumer credit agreement on this account.

 

As the debt for the above account now entirely consists of an overdraft, it does in fact fall under the debtor-creditor agreement within the meaning of s.8 and s.13© of the Consumer Credit Act 1974, as demonstrated in the case of Coutts v Sebestyen (14th April 2005).

 

Consequently, my previous letter was a formal request for a copy of the signed, executed credit agreement for the above account. I required you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

The Consumer Credit Act allows twelve working days for this request to be carried out before your company enter into a default situation. Although you had cashed the cheque for the statutory fee of £1.00 on 24th August 2010, I have yet to receive the documentation you are obliged to provide within the time limit despite my properly formatted and paid for request. If the request is not satisfied after a further 30 calendar days, an offence has been committed by you Halifax. These time limits expire(d) on 5th September 2010 and 5th October 2010 respectively.

--

Anyone see anything I have missed/should have omitted?

Link to post
Share on other sites

I'm sending this also:

 

---

I received your letter dated 6th September 2010, pushed through my door by a surprisingly cheerful postman. You commence your letter with:

 

 

Pay £xxx now

 

 

Followed by an invitation to help you earn yet more of my cash by calling your 0845 number. I make a point of not calling 0845 numbers. It inevitably works out cheaper to write letters given how long I often end up on hold.

 

As you removed the overdraft facility as detailed in a letter dated 30th April 2010, our 'arranged overdraft' is technically £0.00. This being the case, your statement that we are over our arranged overdraft limit by £xxx suits me fine. This is quite pleasing as I thought we owed just short of £Lots, not allowing for the thoroughly bizarre charging regime you are attempting to force upon us. You know, the one that we didn't agree to in five (5) separate letters. I'll say it again; "we don't agree to your new charging regime, and never did"

 

and here it is again in red.

 

 

"We don't agree to your new charging regime, and never did"

 

 

Short of hiring a small plane and sky-writing it in red smoke I cannot think of any other way to get you to take notice. I'll make the offer to repay it again. You calculate how much is owed using the old interest rates that we agreed to and we'll pay £10 per week plus more if we can spare it. I'll enclose a cheque to sweeten the deal. You can't say fairer than that.

 

Yours,

Bigyeti

 

PS: Where's my true copy of the CCA agreement that I paid for?

Edited by bigyeti
Link to post
Share on other sites

  • 4 weeks later...

Well, the deadline has passed. They also seem to have stopped sending the weekly reminders.

Now, should I sue them for the amount that will zero my account? Or is there another route to go down that will get shut of them?

Link to post
Share on other sites

  • 4 weeks later...

hey bigyeti, i see the fight is still on. my situation is a bit strange now. 2 letter sent to albion offering 25 bucks on each account and they are still asking me to call them to discuss my income and expenditure, i dont see why i have to discuss my finances. they are not giving me details of how i can pay money into these accounts at the figure i offered evry month, and i will not call them, no chance.

 

two dodgy defaults and early terminations so the balls in my court and im making an offer of what i can afford each month and they are not willing to get the ball rolling and accept my payment. any ideas?? or just sight tight. no letters for 2 weeks, definatly going to hear before the end of the week

Link to post
Share on other sites

Halifax never sent me a CCA to show that I am liable for the amount they claim, which they keep increasing by £150 pcm (£5 a day). So they defaulted on that even though they cashed the £1 cheque I sent and have carried on adding the charges to my account. They've flaunted so many regulations I'm losing track.

 

My advice is to never call them. Ever. I do everything by post and any other form of correspondence gets ignored.

Link to post
Share on other sites

  • 2 weeks later...

Got a letter this morning. As we'd not used the account since before Xmas, they've credited my account with the charges taken (about £1000) halted all further charges and have asked to call them up and arrange a payment plan. Hurrah!

Link to post
Share on other sites

  • 2 weeks later...

hiya bigyeti

 

found this thread of yours and now i will spend a bit of time to read everything and i may pinch a few of your quotes but in my own words in my letter of course

 

you are a gem

 

will keep you updated cheers angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...