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    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
    • Post #9 suggested some options to avoid or put off having a smart meter. Post #12 a simple solution to your complaint about the ay they handle fixed monthly DD. It's not really clear why you posted if you're going get irate when members "jump in" with suggestions. You can see what I'm referring to on "gasracker.uk" to allay your suspicion that I was lying in Post #16 which was made to correct ther misinformation shown in your Post #15
    • Back to octopus from the smart meter/tariff salesperson. Octopus have now said just ignore the letter - I dont have to have one despite there letter implying (at least) it was required, but that i will HAVE to have a smart meter if current meters stop working as 'their suppliers dont supply non smart meters any more'. They also say they do not/will not disable any smart functionality when they fit a smart meter I am of course going to challenge that. Thats their choice of meter fitter/supplier problem not mine
  • 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

Andydug v Halifax ***WON***


Andydug
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Hi all,

 

My Halifax account is one i dont use very often and, like everyone else, i've had loads of charges on my account even though i've phoned and told them certain circumstances of my account going overdrawn - mainly due to their charges on top of each other which they just keep taking even when there's nothing in the account !

 

- I was put onto this site by a friend and now i've had a read round i'm fuming that they have basically been raping my account of cash which is rightfully mine!

:-x

 

So the 'claims pack' has been bought along with 'the book' (I intend to pass these on to someone else when my claims are settled - I hope others do the same) and i'm starting.

 

Posting S.A.R - (Subject Access Request) tomorrow and will go from there.

 

I'll keep you informed of my progress - good luck with yours !!!!

:D

 

Andy D.:D

 

Halifax: **Won**

HSBC: **Won**

Credit cards - NEXT

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best of luck

any problems come back and ask!

 

lisax

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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  • 2 months later...

just a quick update:

 

29/9 SAR received by bank

7/11 statements received (9 pages missing)

8/11 rest of statements received.

10/11 PAR sent recorded (received 15/11)

28/11 no response so LBA sent recorded

 

Good luck to everyone getting some cash before Crimbo !!

Andy D.:D

 

Halifax: **Won**

HSBC: **Won**

Credit cards - NEXT

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  • 2 weeks later...

Offer received !

 

I've had a letter offering me the full amount of my claim as a gesture of goodwill. however, they have stated in their letter - "Please note that any further charges incurred on your account will stand unless they are a result of a Halifax error".

 

I'm going to accept the offer but i'm not sure about the statement above:-|

whats the facts about future charges, i'm worrying that if i sign the form with this statement i will not be able to claim back any future charges?

 

anyone else been here?

Andy D.:D

 

Halifax: **Won**

HSBC: **Won**

Credit cards - NEXT

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As far as I know mate, any future charges would still be penalty charges, and therfore still illegal, but not 100% on that, see what the other guys say.

AB123uk

 

IF MY COMMENTS ARE USEFUL, PLEASE CLICK MY SCALES!

 

Halifax Staff Current Account WON

Lloyds WON

Yorkshire WON

Halifax Staff Visa WON

 

 

If CAG Helped you..... Why not help CAG!

Click Donate at the top of the forum!

Oyster- I fought the Lloyds will have it's mark in history- have you downloaded your Official Charges Track?

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Yeah, thats wot i think ab123uk.

 

I might accept the offer but add a line in my letter saying something like: 'I reserve the right to reclaim future charges applied to my account'

 

Dunno though, i'm stuck on the last hurdle !:rolleyes:

Andy D.:D

 

Halifax: **Won**

HSBC: **Won**

Credit cards - NEXT

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The best thing to do is to not incurr any charges in the future.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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The best thing to do is to not incurr any charges in the future.

 

Thanks Deller, but while this idea is a good one and has been posted on this site many, many times, mistakes are made by people, and we shouldn't be made to pay penalties on them, hence my request for info on the earlier post.

 

this is only a small claim which is why it has not gone to the MCOL stage

Andy D.:D

 

Halifax: **Won**

HSBC: **Won**

Credit cards - NEXT

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  • 1 month later...

Been offline a few weeks so thought i ought to update my posts.

 

This claim has now been settled in full by Halifax and credited to my account. It was only a small claim so did not need to go to court.

 

I have completed the results survey to help the statistics - I hope everyone else takes the time to do this also.

 

Credit cards are next !

 

Andy D.:)

Andy D.:D

 

Halifax: **Won**

HSBC: **Won**

Credit cards - NEXT

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Congratulations Andy :)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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