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    • just to clarify matters, but once you have complained now/and asserted your rights under the act for this to be paid by 'them' FOC to you, should the vehicle again fail for anything related to the damage done by the incorrect fitting of the windscreen before you purchased then you CAN exercise your right to reject.  is the car specifically identified on the finance agreement? dx  
    • Thanks Dx    merely trying to avoid the fees added considering the circumstances.    Will ring the council tomorrow 👌
    • With 6,000 bank branches closing since 2015, Labour has announced its commitment to bringing more banking hubs to Britain's high streets.View the full article
    • you could have moved within that time in the same complex. have you this in writing - did you request a copy of the judgement CCJ AND Claimform from northants bulk?   it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge dx
    • That’s really useful info, thank you. You are correct, we did not assert our rights as the issue only developed just over 7 months after purchase. When the problem arose we chose to use Mercedes via the warranty company (RAMP) After a lengthy (3 weeks) and complex investigation Mercedes could not fault find without extra hours being approved, which we reluctantly had to do. Most of the costs incurred are for labour to locate the issue. Therefore all works on the car have now been completed by Mercedes in Croydon. They have provided us with a courtesy car which we have so far had for 1 week. I’m guessing we won’t be able to wait that long for a response from Doves as Mercedes will want the balance settled?  Finance was via Santander, we luckily haven’t incurred any expenses only extreme  stress, cancel numerous arrangements and manage family life without a vehicle for 4 weeks 😢 No one seems to know who replaced the windscreen, the car has full (3 years) Mercedes service history and we have tried to contact the garage where the services were completed to see if they can shed any light but they are impossible to speak to.  Thank you again! I’ll update with a draft of our email in the morning 
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    • 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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Purple v Halifax


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Well the postman as been and still nothing.

Should I wait or ring the court?

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Hi Purple,

Ithink that you should definately give the court a call at the end of play today.

I'm sorry for my laziness - I haven't checked back on the history of your claim as I'm using my phone instead of my PC - I can't remember if you used mcol or N1.

If mcol, your claim status will be updated if they have aknowledged.

Either way, don't push for judgement until tomorrow. That way, you have given halifax the fullest opportunity to respond.

 

I think that you may have to put aside some of your'winnings' for an intense manicure session!

09/10/06:Halifax claims opened with prelims

claim 1 = 1392.38

claim 2 = 1437.74

claim 3 = 1480.76

claim 4 = 0185.32

Changed tactics.

1 claim of £4600 submitted - will travel to england to go to court if required.

 

27/10/06: LBA sent

01/11/06: Recieved an offer of £764

05/11/06: Refusal of offer sent

11.11.06: MCOL submitted

13.11.06: MCOL issued

16.11.06: MCOL aknowledged

17.11.06: recieved withdrawal of offer letter - too late, it's already with court!

27.11.06: recieved written confirmation from Northampton County Court. Still no correspondance from Halifax. They have until 15/12/06 to respond.

O1/12/06: Settled in full, including interest.

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Hi, someone PLEASE correct me if I'm wrong. BUT, the way I see it.

It was deemed served 6/11

so, add 28 days = 34/11 = 4/12

 

They have until then to file a defence in court. This would be the defence that we all know they are not going to submit - the actual amounts of admin etc.

 

SO! We are all in a state of limbo, but, having read as much as I have read so was/is everyone else. I, too am absolutely bricking it, but there is an end and your light at the end of the tunnel at the moment is 4/12/06 without any more action from you!!

Sit back, relax, enjoy, then lend me a tenner!!

 

A D

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

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They have not aknowledged the claim. If i'm right they get 14 days from the date of issue which was Monday 6/11/06 to aknowledge. If they had aknowledged the claim then they get the 28 days to file a defence.

 

Anyone?

 

Purple x:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Just a quick up date, rang the court yesterday 22/11/06 to find out if Halifax have acknowledged my claim and yep they have, so just waiting for the letter to arrive now.

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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I'm overdue to file on my contractual halifax claim but been manic, should get time to sort today though. I have barely recieved any correspondence from them at all on this claim though!

 

Hope you get a settlement letter in a few days, like they have been doing with non-contractual claims!

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Received a letter from the Halifax saying that they will pay back the charges + 8% interest + court costs but will defend the contractual interest.

I have seven days to reply.

So what should I do? Anyone

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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It's easy for me to say, but I think you should refuse in full.

 

I don't see them suddenly going to court to defend their charges, that's unlikely to happen and the contractual argument is sound.

 

I advise against any kind of part settlement that fully pays off the charges though, it could be J2B all over again!

 

Like I said, it's easy for me to say when it's not my risk but thats my opinion.

 

Good luck and let us know what you choose to do.

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i thought the 8% was the contractual interst?

 

ignore me please- i've just read Bankfodder's thread

AB123uk

 

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Hi Purple

 

This sounds very familiar - in our case we did say we would accept as partial, as recommended elsewhere, and they did indeed repay the full amount excluding the debited overdraft interest to our account.

Their submitted defence clearly states they don't consider this amount repayable.

 

Just be careful though as with ours they also then sent us a letter saying 'thank you for accepting in full and final settlement'.

 

We are currently awaiting a court date (or settlement of course!:) ).

 

Good luck and hang in there!

 

(morris v halifax by the way if you want to read the whole tale)

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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Hi all, been doing loads of reading and have decided to accept their offer as partial settlement and will continue with my court claim. Sending this letter tomorrow.

Response to settlement offer

Dear Tracey Jones

Roll Number

Court Claim

Thank you for your letter dated 21st November 2006.

I will accept the sum offered only as part settlement and on the clear understanding that I am pursuing recovery of the remainder of my claim against Halifax Plc for Unfair Penalty Charges.

I request, once again, that you return to me all charges imposed on this account, including interest and costs.

 

I trust this clarifies my position.

 

 

Yours faithfully,

 

Does it sound ok?

Will keep you updated

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Hi Purple,

 

not been on for a few days and frantically trying to catch up on all the news!

 

The letter looked fine, have you had anything back from them regarding this?

 

Still trying to get mine up to speed and make time to go and file at court but hoping to get in on Monday to do it.

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Hi all, At last I've found some time to give an update. Well I sent the letter and the bank have paid some of the money into my account, which I said I would accept as part settlement. Then a few days later I received a letter saying that they are going to enter a defence for the rest. Will let you know what happens

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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  • 3 weeks later...

hi purple, i'm in exactly same situation. 'm a bit worried how far they will go if all they are defending is the contractual interest. also they've paid in 'interest charged on account in respect of charges' and we aren't sure what that means? have you sent back your allocation questionaire or heard anymore from them?:confused:

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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Hi c allen, Yep I sent back the AQ just before Xmas and have heard nothing more as of yet. I'm not worried yet will keep you informed if i hear any more.

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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  • 1 month later...

Just to let everyone know that nothing as changed, I've heard nothing so just waiting

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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That sounds like a long wait :(

How long does it normaly take once the AQ has been sent back????

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 3 months later...

Well it's been a long time since I've updated on this thread.

But I have some good news to share I should have been going to court on the 2nd May to fight for the contractual interest. But to my surprise on Saturday morning a letter arrived, saying,

 

The defendant has settled the claim in full on commercial grounds without admission of liability.

 

so that means they paid me the contractual interest, without a fight. It had gone into my account and I had not noticed.

 

I think I'm still in shock:eek:

 

 

:) I WON:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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CONGRATULATIONS...!!!!!

 

Thats fantastic. Happy spending....:D :D

 

Glad you got there in the end.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Thanks sea-sidelady, It feels good

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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well done, i had the same happen to me, i was due in court on the 3rd, got a phone call on friday saying the'd pay, but still no cash in the bank though , mine was just for the C/I, they'd already paid me the charges back in novembermso it was a nice suprise :D

congratulations

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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