Jump to content


  • Tweets

  • Posts

  • 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

chipsandsausages v halifax


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6532 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

Hi Guys.

 

There was a letter in your library until recently, which seemed to quote the law and used past examples of litigation when you write to your bank asking for your money back.

 

I can't find it now. I sent my preliminary letter requesting repayment, which stated ...." I will write to you again, giving you a further 14 days to reflect....." Am I right in thinking that this 2nd letter is, more or less, worded the same - pointing out that their charges are unlawful etc. and that they have 14 days to give a 'positive' response?

 

Just checking really, as I didn't want to send the same letter twice.

 

Thanks for all your help. You guys are great - I will definitely nominate y'all for some kind of award - perhaps a little MBE....?

 

xx

Link to post
Share on other sites

  • Replies 85
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I got my statements about 10 days ago, after going through them I wrote telling them "the charges that have been levied are unlawful etc... please refund all monies within 14 days. If not, I will write again giving you a further 14 days to reflect before court action blah blah......"

 

It was just that the prelim letter and the LBA were both worded very similarly.

 

I remember reading another letter that isn't in the library any more, it tells of 2 previous claims that have been successful and also quotes the fact that the charges are brought by estimating the number of customers who will exceed their OD limits etc, and is there to cover the banks costs re: loan defaulters etc. Do you know the one I mean?

 

Just thought that might be better to use as my LBA.

 

Thanks for any help you can offer!!! x

Link to post
Share on other sites

Just to let you know how I am progressing.

 

March 27th prelim letter req repayment sent for 1471.25.

March 30th - letter rec'd advising they paid 14.99 debit card which caused me to exceed OD by £6 for 2 days. Further £30 please.

 

April 6th 2 letters received. One said, we have paid the amount below even though it meant you exceeded your OD limit. We will have another £30 thankyou. The other said 'Sorry you are not happy with the service we provide - we will get back to you. Meanwhile, here's a leaflet.' Followed by a computer generated signature.

 

???

Link to post
Share on other sites

Well, my child benefit was paid in today, plus another £60 I managed to scrape together, which will all go into the Halifax's pot - as my total charges up to now for April will be £157. My letter before action is printed and ready to post today. I have also told them that charges I am expecting over the next couple of weeks will be included in my claim. Am I okay to do that if they haven't actually taken the money yet, but have written to say they will take it in seven days time?

Link to post
Share on other sites

Thanks Bookworm, never actually thought of that. Although I need every penny I can get at the moment to go into the halifax a/c to avoid exceeding my overdraft.... it's like a vicious circle.

 

I would divert my CB, but that combined with my wages, pays for my bills and if I diverted it now, it would mean diverting all my direct debits too. I want to try to do all this together so I will take your advice on board and start the ball rolling as soon as I get a full day to myself to sort it all out. (PROMISE!)

 

I visited my bank today to hand in my LBA. I am actually excited about the whole thing. Not scared of going to court at all in fact. Bring it on! So they have till April 25th to respond. Will let you know how I get on. Thing is, with opening another account elsewhere - aren't all banks the same???? Is there such a thing as a bank that actually takes care of your money? or would that be asking too much...?!

 

 

Actually worked out in my head - that it's been costing me a little over £60 a month to have my account with the halifax - for the last 2 years - when most of my charges were racked up!

x

Link to post
Share on other sites

Well, I got a letter today (I only handed my LBA into my branch 2 days ago!!) - it said that they had tried to contact me but I was not available to take the call. I will ask them when this was, because there have been NO calls made - all calls received are checked!:o

 

They have offered (as a goodwill gesture) £380 if I accept as full and final settlement. Of course, the amount is not negotiable and I will be advising them in due course.:D

 

How much "goodwill" can a bank afford to spread amongst it's customers??

 

Date for moneyclaim remains April 25th.

Link to post
Share on other sites

  • 2 weeks later...

Well guys, it's 3 days before I am due to go to moneyclaim - and guess what?

 

"I am sorry to learn that you are unhappy with our initial offer to refund £380 worth of charges......in an attempt to reach an amicable solution to your complaint, I am prepared to increase my offer to £777...."

 

How do they come to that amount?

 

777?

 

Well - I guess it's the courts for me. A little scared it may come back on me, but hey - I am prepared to go the full journey.

 

Let's gerrem!

x

Link to post
Share on other sites

Well, it took blood, sweat and tears but it's done now.

 

Have been to moneyclaim and put my case forward. I hope it is the right thing. Keep thinking about what it would be like sitting at the table with the guy from the Halifax and all his legal papers - and me with my pink and blue ring binders....

 

Hope it doesn't get that far anyway. But if it does I shall be well prepared. (Thanks to everyone on this site).

 

 

The girls I work with can't believe I have gone through with it! Some of them have asked for the website address so that they too can have the chance to reclaim what is theirs.

 

I wrote to the Halifax today to tell them I would accept the £777 but would continue to claim the rest through the courts.

 

They bounced my council tax again today (twice in one month) so they have now charged me £78 for not paying my council tax in April. (?) This means I don't have the money to pay it because my charges for April have exceeded £200. I have said in my letter to them that they have caused me financial hardship - I am a mother of 2 children who need to be clothed and fed - in the hope that they will cancel the charges about to be brought next week. Failure to do this would result in me issuing another claim on them - and more court costs.

 

I'll let you know if I hear anything.

 

x

Link to post
Share on other sites

Well the courts have sent my confirmation letter - I am to "deem it as 'served'" on May 1st which give HFX till May 15th to 'acknowledge'. This buys them another 28 days to put a defence in.

 

Should be paid out by June 12th at the latest me thinks.

 

If it goes to court, hey - what the hell. I'm ready for it.

 

I'll just wait for HFX to write and inform me that they fully intend to defend in court..... tee hee....

Link to post
Share on other sites

you wont have to wait much longer, my claim went in 12th april.served on the 18th aknowleged on 20th, paid in full yesterday 28th, watch for the posstie.

 

How excited am I right now?

 

Thanks for both of your posts - Brecken, yours really made me smile. So hopefully, I will be able to pay my Council tax in June!!!

 

My parachute is open and ready to collect my salary at the end of May - all Direct Debits accounted for.

 

thanks x

Link to post
Share on other sites

My parachute is with Nat West. I already have a little business a/c with them - and I'm a good customer - money goes in, money goes out. Always in credit.

 

I had no problem opening another account. They even asked me if I wanted an overdraft facility (lol!) - which I accepted, although I am treading carefully. I have arranged for my salary in May to be paid in to that account and have arranged direct debits for just under that amount to come out.

 

I'll keep my tax credits and child benefit going into the Halifax - once my overdraft is clear with them - I can use that money for what it was intended for. (My daughter needs new school shoes!!!)

 

I will be okay for cash as soon as I get straight. Hope yours goes well too.

 

Good luck x

  • Haha 1
Link to post
Share on other sites

Halifax acknowledged my claim with intent to defend and about a week later I got 2 mysterious cash credit in my account that added up to exact amount of claim inc costs and interest. I phoned Halifax and they confirmed it was an 'internal' transfer' and a day later I got this in writing - though I asked them for that saying I wouldn't stop the claim till they did - It won't be long now!! :)

 

Hey that's great! If my case goes the same way, then they should pay up on Thursday, which is great - because they're about to bounce my council tax again on Friday!!!!

 

I remember reading a similar story about a guy who said the money mysteriously appeared in his account - no letter or anything!

 

I have put a file together with all the information that BF has posted re: letters, going to court etc. just in case of "worse scenario". I have recruited about ten new members to the BAG anyway. My mum being one of them, seems like we're all just holding each others' hand (just like the contestants on Deal or No Deal!) and wishing each other the best of luck!!

 

speak soon x

Link to post
Share on other sites

I've not been paid out yet.....grrrrrr........

 

The fact is, they have 28 days to file their defence..... is that 28 days from the date they acknowledged? That is April 28th. or 28 days from "the date in which it is deemed to be served" which was May 1st?

 

Either way, month end should be looking pretty good for me.

 

Council tax bounced again..... good job our council are pretty laid back - I'm not going to be able to pay it now till I get my money - they are taking another £90 in charges on Tuesday.

 

I have written to them and asked them to cut me some slack, no reply yet. I've advised them I will run another claim alongside my exisiting one if they ignore me.

 

This is fun isn't it? If it wasn't so tragic it'd make a great reality TV show.

 

I've got people where I work e-mailing me now, for the address to the BAG - word gets around, doesn't it?????

 

Till I have more news.......

x

Link to post
Share on other sites

I agree with your sentiments entirely, although I'm not sure if I could prove they were "using my Child benefit to line their own pockets". They could say they are simply taking their charges and that I am using my child benefit to pay it back!!!

 

It's all a very sticky business... I mean... really..... my daughter needed new shoes for school - as the ones she was wearing were literally falling off her feet. I did not have a single penny to sort her out, and had to borrow it. It makes you so ashamed.... I am working TWO jobs for pity's sake!! I am having to supplement my income even more now by doing extra hours on a sunday for the nurse bank (which pays double time) - but means I won't see my kids on the one day that we all get to spend together as a family.

 

Outrageous?

 

Down right disgraceful!

 

In fact, I hope it DOES get to court - I'm rolling my sleeves up already.........

x

Link to post
Share on other sites

My daughter has a school trip a week Tuesday and will expect spending money. Thing is that's the day funds go into the account. I just hope I can withdraw a tenner for her very early (say 7am) otehrwise she'll have to take some of her birthday money and I'll have to repay her when she gets home. :x

 

Do you know what? You're right!

 

My child benefit went in today - has put me back within my overdraft limit, but only by about £50.

 

I am going out right now to withdraw it - and put it in an envelope in my drawer where the halifax can't use it to pay their own charges.

 

At least if my kids need anything till I get paid, the money will be there.

 

Council tax was bounced again on Friday - another letter today notifying me that'll be another £39. I will be going to moneyclaim again on Friday for the further charges they have levied. I wrote a prelim on April 28th. No response whatsoever - not even a leaflet! :p Then LBA on May 4th. I said I would only give them 7 days this time - but I'll wait till the 12th - that's another £39. That will mean they will have had 14 days to refund the new charges.

 

I wrote them a real sob story letter - stating that I have 2 kids - no money to feed or clothe them as it is all being taken out in their charges. Hard-nosed as they are, they are ignoring me. Well not any more!

 

I have a mood ring - that tells my husband what mood I am in, it changes colour - you know the type? When I'm in a good mood it turns green. When I'm in a bad mood, it leaves a red mark on his forehead.

 

I'll keep you up to date...... xx

Link to post
Share on other sites

Yep, all done and dusted. In fact I took a tremendous amount of pleasure in going into my Halifax branch today to cancel all my standing orders and Direct debits..... the teller looked at me with a "knowing grin" like "I know what YOU'RE doing!!" I said, "I will have to sign new direct debit mandates with these companies won't I? .... with my new account details on?"

 

He just nodded.

 

I, too, have gone to Nat West.

 

I know they too have customers who have been poorly treated, but to be honest, they have always been okay with me. You get a nice binder to keep your statements in and regular statements too.

 

But let's face it. What bank isn't in it to make a few quid out of you??

 

If I can keep my direct debits at level par with my salary, then I'll be okay. Even with my little 2nd job that pays cash every week (Yes - I DO pay tax on it!) (self employed) I can use that for little luxuries like clothing!!!!

 

I went to the cashpoint today and drew out what was left of my child benefit.

 

Still no defence been filed. Clock is ticking..... tick tock....

 

Every day I get a step closer to getting my money - and my self respect - back!

 

Just want to have something to show for my hard work. I don't smoke, don't go out drinking (odd glass of wine at home) - can't afford to have a social life!!!:lol:

 

Thanks for all your support guys..... will keep you all posted. (I ALWAYS say that!) x

Link to post
Share on other sites

Just to let you know, still they are ignoring me. I have sent a few letters asking for refund of the further charges they have slapped on me since moneyclaim was initiated. Absolutely no response whatsoever - not even a leaflet!

 

So off to moneyclaim I go - I'll wait till Monday, just to show I'm not heartless!

Link to post
Share on other sites

Just wanted to let you all know, I have slapped a further claim on the Halifax today for £305.15 - They are still charging me and are now ignoring all my letters completely. Prelim sent, no answer, LBA sent, no answer, so hey, what the hell. Moneyclaim.

 

I am checking my balance every day to see if the money fairy has left something under my pillow. :p

 

It seems they are leaving me till last!!!

 

And now that my council tax bounced again, they have taken me off DD and told me to pay cash over the counter every month! I might just go in and act up a bit, saying I had changed my account - and why are they still requesting payment from my old bank.....? It might work.

 

Well, keep ya informed!!!

x

Link to post
Share on other sites

:D :D :D :D :D :D

I'VE BEEN PAID OUT!!!!!!!!

 

Money went into my account today - although it is more than I was claiming. (About £1100 more!!!)

 

I will keep it to one side - and check if it's right, but hey.....

 

DOESN'T THIS GIVE YOU ALL HOPE???!!!!!

 

Please keep going with your claims if you are still halfway through them. DON'T ACCEPT ANY CONDITIONAL PAYMENTS....

 

I am considering speaking to our local newspaper - to give this site some publicity.

 

THANKYOU BAG!!!! THANKYOU THANKYOU!

 

I can't say it enough - I am off now to click on the donate button.......

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Link to post
Share on other sites

I know! Can't believe it.

 

We had bought a little caravan a couple of weeks ago (on the strength of us winning the case - plus my father-in-law gave us some money as an early Christmas present)

 

We can now take little holidays with the kids - when we want to - which is what it's all about isn't it? We both work 3 jobs between us, and didn't have enough money to afford the little treats like taking the kids out to Alton Towers in the summer holidays.

 

Now we are straight, we can!

 

Going on a bank holiday break next week. Might even be able to buy an ice-cream!!!!!

 

Thanks for all your support guys, I really hope you are feeling as high as I am right now!

 

xxxxx

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6532 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...