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    • 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

blueberrys v. halifax * * WON * *


blueberrys
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Recommended Posts

Just found my way to the site this weekend via Martin Lewis' money saver site. Can't believe I didn't know about this before but ready to do battle with the banks to get back what's rightfully ours. FAQs and members' postings have been incredibly helpful and motivating, so here goes.....!!

 

 

Here's to a speedy response...CHEERS!!:)

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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Good luck blueberrys!

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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Thanks very much. Its great to know so many people are taking on the banks and winning. Will keep you posted!

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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  • 4 weeks later...

Hi,

 

just wondering how long people have waited for statements from Halifax? Sent my request on 10.9.06 with £10 cheque which they cashed from my account on 18th Sept and still no statements!!!! At least by cashing cheque I have proof they received it but can't believe I'm still waiting two weeks later than that!

 

'Halifax gives you Xtra' ....... my foot!!!

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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Guest bluecloud

When it comes to statements, sorry, lists of transactions and manual adjustments, :), then the banks try to be a law unto themselves. If you're getting worried about the wait then you can write to them again. Try the following page for a template.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html#post38561

 

Alternatively you could ring them and give them a nudge.

 

Miss L. Lumb or Julie O'Donnell or Helen Southern

Data Protection Consultant

Retail Business Risk

 

Direct Line: 01422 332991

Fax No: 01422 394512

 

Hope this helps.

 

.

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Well what do you know? I e-mailed the list of people suggested in another thread (including The BIG CHEESE himself) yesterday and my statements turned up registered post this morning!! Just shows you it's worth going to the top sometimes! Prelim request for £452 going in post today.

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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  • 2 weeks later...

Hi there. Wonder if anyone can help on a legal technicality here. Barclays have offered the full amount we are claiming in a letter received today 'in full and final settlement'. I know we have to settle as it is the amount we requested and we are delighted to do so. Just wondering if that wording means we cannot claim again for any unlawful charges applied after this.

 

Would we be better typing up our own acceptance stating that we reserve this right or is it OK to proceed with the form we've been sent?

 

If you've experienced this and know what to do your help would be much appreciated

 

Thanks

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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I believe that the "full and final settlement" bit only applies to this particular claim.

 

I'm sure someone will be along to confirm or deny this soon though!

Claiming for BF.;)

(2006)

MCOL filed 13th October Total £2512.92:o :o :o

Deemed Served: 18th October

Acknowledged: 18th October (dated 17th)

Settled: 28th October

 

We won... of course!

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Well still not a peep from Haliax so LBA in post tomorrow if nothing arrives. Did get this by e-mail tho' which I thought was priceless in the circumstances!!!

 

Halifax - Always giving you extra

 

Halifax Legal Solutions

 

----------------------------------------------------------------------

 

A NEW WAY TO SAVE WITH YOUR BANK: HALIFAX LEGAL SOLUTIONS

 

Dear Mrs Berry

 

Halifax brings you Halifax Legal Solutions - an affordable, all

inclusive legal service you can trust. It offers a dedicated website

and 24 hour legal advice helpline that gives you access to a wide

range of legal solutions that could save you hundreds of pounds in

legal costs.

 

£89 per year for a wide range of services

 

For less than 30p per day, Halifax Legal Solutions gives you immediate

access to expert advice when you want it. Halifax Legal Solutions

delivers:

 

- Unlimited use of the legal advice helpline 24 hours a day, 365 days

a year

 

- A Will to suit your needs, reviewed and approved by a team of legal

professionals

 

- Over 150 legal documents and letters prepared for you; e.g. consumer

complaints, Power of Attorney

 

- A comprehensive web based Law Guide

 

- Identity theft resolution – helping you clear your name and restore

your credit rating

 

- Great value conveyancing at a reduced cost for members.

 

So now you can get the same great value on legal as well as financial

services, and enjoy the convenience of finding them in one place – at

Halifax. Find out how much you could save now at

http://update.halifax.co.uk/cgi-bin1/DM/y/ewU60K8PnJ0VIB0DTPy0E1

We look forward to helping you save money with Halifax Legal

Solutions.

 

Best wishes

 

Carl Williams

Halifax Legal Solutions

 

Visit halifaxlegalsolutions.co.uk or call 0845 226 1111 and find out

how much you can save.

 

Do you suppose they have experts in reclaiming unlawful bank charges? Can you get one branch of a company to sue another??!!

A clear case of "PHYSICIAN HEAL THYSELF" I think!!!!

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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Guest bluecloud
Hi there. Wonder if anyone can help on a legal technicality here. Barclays have offered the full amount we are claiming in a letter received today 'in full and final settlement'. I know we have to settle as it is the amount we requested and we are delighted to do so. Just wondering if that wording means we cannot claim again for any unlawful charges applied after this.

 

Would we be better typing up our own acceptance stating that we reserve this right or is it OK to proceed with the form we've been sent?

 

If you've experienced this and know what to do your help would be much appreciated

 

Thanks

 

 

You need to read the letter very carefully. Some banks will add text along the lines of "you will accept all charges applied in the future" which would mean that they could charge you whatever they wanted from here-on-in. Unless of course on of the banks is stupid to end up in court with an order from a judge to disclose all information relating to charges.

 

There is probably someone out there that can do this better than me but something along the lines of:

 

 

 

Our Address

x

x

x

The Bank

Gates of Hades

x

x

x

Date

Account: xxxxxxxx

Sort Code xx-xx-xx

Ref: Your Offer of Settlement

Dear Whoever

I acknowledge receipt of your letter date xx/xx/xx.

I accept your offer as full and final settlement for the claim of bank charges I notifed you of in my Preliminary Letter dated xx/xx/xx and in my Letter Before Action dated xx/xx/xx.

I accept this offer without predjudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

I trust that you will find this arrangement acceptable.

Yours Sincerely

The Blueberrys.

 

 

It might work, at the very least you will get a reply and they may even withdraw the offer. If they do withdraw the offer then you get some interest added when you file at Court. If you do send a letter like the one above it may well p*ss them off incredibly and you find a 30 day notice of you account being closed arrives, but you should have set up a parachute account already so hopefull you won't be too worried.

 

 

 

.

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  • 2 weeks later...

Well finally a response from Halifax, although hardly what we wanted!!

 

Just received standard 'we are very sorry...' letter with a nice glossy leaflet (will use it to line my chinchilla's cage!!) telling us they will deal with our complaint within 4 weeks!! No chance - MCOL will be filed next weekend if they don't cough up!!

 

Anyone else out there had similar treatment?

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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Received letter from Helen Martin, Halifax Customer Services today (31.10) Offer of £112 against £452 claimed, as goodwill gesture and threatening that they can close our account if we don't operate it correctly. Standard response, methinks! However, it would be nice if they could at least be bothered to get the spelling and grammar correct when they are claiming the moral high ground and castigating us for our 'misdemeanours'.

 

What does 'apposed' mean? Why did the writer not learn to use commas correctly? Sorry, just going off on one for a moment...!!

 

We have sent back a letter accepting offer as part payment but pursuing remainder, warning of our intent to take legal action if necessary. Fingers crossed for a swift and satisfactory response!!

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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Hi again. Did I say I hoped for a swift and satisfactory response in my last post? Well it was right on the first count only (unfortunately!!)

 

Received this letter today signed by Gurvinder Gill - Customer Relations Review

Manager (letter address says Leeds but was post-marked Birmingham?!!)

 

Dear Blueberrys

 

Thank you for your recent letter.

 

As a gesture of goodwill I offered you £112.00, which you do not wish to accept. Iconfirm that we will not refund all the charges you have incurred on your account over the last six years. I must also stress that future charges will stand and we reserve the right to close your account if you do not manage it correctly.

 

If you remain unhappy you can refer your concerns to the Financial Ombudsman Service as outlined in our previous letter.

 

I'd like to remind you, if you wish to refer the matter to the Ombudsman then you must do so within 6 months of the date of our previous letter.

 

 

Yours sincerely

 

(Signed in pen)

 

Gurvinder Gill

Review Manager

Customer Relations

 

Looks like Halifax are getting tough, although I'm assuming other people have had a similar response? Please let me know.

 

14 days from LBA is tomorrow so need to prepare MCOL then - or can I do it now as they have sent a refusal letter?

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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:confused: I have read the notes on the forums and especially great advice from Jonni2bad re Particulars of Claim. Have decided to prepare and save MCOL anyway without submitting it until tomorrow - makes not a lot of difference I guess as it can't be served until Monday at the earliest?

 

Problem I have is where to put S.A.R - (Subject Access Request) fee and postage costs in my claim. They were not on my original schedule but I suppose I am entitled to get these back? Doesn't seem to be a space for it on MCOL - only 'Solicitor's fees' box.

 

:confused: Does anyone know what to do please? :?:

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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Hi there.

 

Wonder if anyone can help?

 

I completed my MCOL early this morning after loads of attempts to get the wording to fit the space! Claim issued today.

 

:o Just noticed this evening when I printed out a copy that my account number, which should have four leading zeros (0000****) only has three on the form!

 

Will this invalidate my claim or can I do something about it now?

 

Can't afford to lose the £80 - what should I do please?!!!:!:

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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Guest bluecloud

It shouldn't matter as you have enclosed your name and address, sort code and possibly even the role number. Even the most rigorously checked legal documents have mistakes in them from time to time. A missing leading zero isn't going to stop a "reasonable person" from checking the rest of the details.

 

 

.

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Thanks Bluecloud. Here's hoping Halifax are going to be 'reasonable'!!

 

Have sent an e-mail to the MCOL helpline to explain just in case.

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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  • 4 weeks later...

:D ****WE WON!!!***:D

Received letter from Halifax offering the full amount, including 8% interest before MCOL date for their defence due. Yipee!!

Money in the bank and donation on way - survey completed.

Thanks to all the fantastic people on this site for your help and support!!

If you are still waiting don't give up - IT'S YOUR MONEY and they WILL PAY!!!

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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Congratulations, I won as well yesterday. Halifax should have filed a defence by the 27th November but still havent filed. I rang the legal department and as they havent filed they are not going to and are going to pay me in full instead. So it is a good Christmas for us both.

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Fantastic news Innocenti! Enjoy your victory too!!:D

 

Bathgatebuyer - thanks for your good wishes. Take heart from all the victories being posted. You WILL get your money - they have NO DEFENCE!!

 

Good luck with your claim :)

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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