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
      • 162 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

Penny Less V Halifax SETTLED IN FULL


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6629 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

* = a missing "e" just for your info! (think about it)

 

I have started a new thread as the old one titled "Nervous" seems to have disappeared!

 

I recieved a letter on Fri after I'd sent the letter requesting a full refund;

 

"Please understand that we are not prepared to refunds all of the charges you have incurred on this account. I am prepared to increase my offer and refund a further £58.00 worth of charges, but this is my final offer. If you would like to accept this, please sign the attached acceptance form and return to me in the pre-paid envelope I have provided."

Then ther's the ususl excuse about not being required to supply the details of manual intervention etc. Also an assurance that they have not issued a default notice on my account and an offer to investigate further if I had evidence to the contrary.

 

What a cheek! I have requested £921 refund, and they think I'll accept £58?

 

NO DEAL!

 

So now I'll write back and decline the offer, in the pre-paid envelope very kindly provided! And then on the dealine ( which is tomorrow!) I will send the final letter leading to court action.

 

Fingers crossed!

 

Penny Less

Q) Why is there always so much month left at the end of the money?

EDITED.

Link to post
Share on other sites

Whilst their prepaid envelope will save you a few pence, might it not be worth while sending it yourself by recorded delivery, to avoid not being able to prove they received it?

 

Just a thought..........

 

But well done for sticking to your request.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

Hi jonni2bad, was going to use the pre-paid letter just 'cos it made me feel good! LOL!

Couple of Q's;

1) Ok, Huston, we have a problem! I am about to send off the LBA as the intial 14 day period is due tomorrow, however if I do that, the next deadline is on April 18, and I'm away on holiday! Shoot! Can anyone advise? I feel that I should stick to my original timetable, but I won't be able to act before the 24 April! Should I just explain that I am away and they are lucky enough to have a longer period to act? Or what?!

 

2) I am still a little confused as to the interest to claim, I understand that it's is payable to me if/when it has caused interest on my overdraft. But I can't really tell from the statements specifically wehn this has occurred. I could just add 8% onto the entire total I calculate they owe me, they don't seem to check up according to the recent payouts. Sometimes they've paid out MORE than was being claimed! I am sorry, but my ancient "windows 1898" computer system won't allow me to use the spreadsheet on this site.

 

Penny Less

Q) Why is there always so much month left at the end of the money?

EDITED.

Link to post
Share on other sites

henrysdad, Thank you! Doh, it's so obvious when you point it out! Thank heavens for this site and the people on it! I shall send the letter tomorrow, and worry about the court papers later!

 

You never know, they might just cough up anyway!

 

Referring to the original post and their offer of a measly £58, (which I intend to explain that I want the FULL amount), can I sweetly accept the £58, (unconditionally of course), but firmly insist on the full amount? What I mean is, If I say thanks for the £58, where's the rest, I won't be jeapordising the entire claim will I? Obviously I won't be signing the form so kindly enclosed!!

 

Penny Less

Q) Why is there always so much month left at the end of the money?

EDITED.

Link to post
Share on other sites

  • 2 weeks later...

Arrrgggggh!!

That's better!

I sent the LBA on 5 April, recorded signed for delivery, it is now 13 April and it has not been delivered. Think I shall be claiming from the Royal mail too.

1) Track and Trace - phone operator just now; "I am sorry madam, we have no way of tracing where that letter is until it's delievered." Me; "Perhaps the name "track and trace" needs to be changed as it is a little misleading because it doesn't do what it says."

2) Customer Service - I asked what they are going to do for me, nothing, nothing they can do. I suggested they changed the name of that too!

 

So, I now have to send Hellifax ANOTHER LBA. Suits me ok though, as I am away on holiday til the 24 April from today. This is going to look so amateurish if they then get the original though.

 

Anyone see the news last night? Stephen Hone? Is it relevant to us?

Penny Less

Q) Why is there always so much month left at the end of the money?

EDITED.

Link to post
Share on other sites

As your original letter was not delivererd within the timeframe promised by Royal mail you can claim back the cost of that delivery. All they will do is send you a load of stamps but at least you get it back

Paul

 

Halifax Status

LBA Sent 11/04/06

1/3 offered by phone 20/04/06 - Rejected

BCT Status

Statements Recieved 31/03/06

Capital One Status

Recieved Lie/Reply 24/04/06

Link to post
Share on other sites

ispartacus75,

I will claim when I go to post the LBA letter, s'pose it'll pay to post this second one. The Dork at RM customer service didn't even offer to give me the return value in stamps to compensate! Not sure I trust RM to deliver post any more, dare I send it the same way the first one went? Do you think HBoS are paying them to lose post??!

 

Imagine the confusion it will cause if/when Halifecks recieve 2 LBA's!

 

Penny Less

Q) Why is there always so much month left at the end of the money?

EDITED.

Link to post
Share on other sites

  • 3 weeks later...

Update on my claim;

 

Letter received on Friday 28 April.

 

"Dear blah, blah,

Thank you for your recent letter.

 

We offered to refund six months of charges to your account, which you refused to accept. Please understand that we are not prepared to refund all of the charges that you have incurred on your account over the last six years/since your account was opened."

 

The letter then goes on to say if I am still unhappy refer to the Banking ombudsman, IF I am unhappy? Who are they kidding?!

 

In my letter I said,"I cannot possibly accept the offer of a £58 refund, especially under the terms you impose for the charges relating to my account. I am claiming a total of £921 in charges that have been applied to my account, these charges are not enforceable in English law, and so I again request that you refund the full amount. In the meantime I am happy to accept the £58 refund, as an interim payment on the full amount, minus the conditions you suggest imposing on me."

 

So whilst I said I wouldn't accept and sign a full and final settlement form, I did say I would accept it as an interim payment. Do they actually READ the letters?!

 

I am now going to fill in the money claim online form and kick their ass! Berluddy patronising money grabbing wunch of bankers!

Penny Less

Q) Why is there always so much month left at the end of the money?

EDITED.

Link to post
Share on other sites

Good for you .Keep us posted

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Link to post
Share on other sites

Am now registered with Money Claim Online, have got up to filling in the claim details, which is restricted by the number of characters I can use. This will take some research I think! I will have a look in the library forum for info.

Top tips will be most welcome, thanks!

Penny Less

Q) Why is there always so much month left at the end of the money?

EDITED.

Link to post
Share on other sites

Hello penyless: THis is how i wrote my claim;

 

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions.t am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on these charges.The banks charges are a disproportionate penalty and therefore unenforcable as they are contrary to common Iaw.Further,as a disproportionate penalty they are invalid under the Unfair(Contracts) Terms Act 1977 s.4and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2(1)(e).In the event that the charges are not a penalty then they are unreasonable within the Supply of Goods and Services Act 1982 s.15.1 have asked the bank to justify charges they have declined to do so.£2141 is the amount owed. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {31/01/2000} to {26/04/2006} of £549.59.There are 49 charges.A breakdown is available.

 

I couldnt scan it in in the same format as MCOL because i dont know how to.

I had to keep adjusting it so that it was only 24 lines long as requested on MCOL(it doesnt look like 24 now but will on form) and this also took me under the amount of characters they ask for.

 

Hope this is some help

 

Sean

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

Link to post
Share on other sites

Sean, thank you! It is a great help. Just hoping that Halifax will cough up, as they seems to be doing, before it gets to court. My stomach is doing flips at the thought of court, but I will do this! The worm has turned Halifax!

Penny Less

Q) Why is there always so much month left at the end of the money?

EDITED.

Link to post
Share on other sites

Glad i could have been some help.I will keep an eye on your claim to see how you get on.As the banks have already been making offers i dont think it will be long before you get results.

 

Best of luck to you.

 

Sean

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

Link to post
Share on other sites

Brecken, Sean, thank you for your support!!

I have only just stopped hyperventilating after completing the MoneyClaim online form and submitting it to the courts!! Eeeek! It's real, its happening! Stomach now doing cartwheels! However, I am strangely excited at the prospect, even more so at the thought of seeing my lovely money again! That'll serve the B******s right for fleecing me when I was at my lowest five years ago. 14 days and counting,......

Penny Less

Q) Why is there always so much month left at the end of the money?

EDITED.

Link to post
Share on other sites

We're all watching - best of luck (as if you need it..!!)

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

Update;

Recieved court notice of issue on Friday, it is deemed to be served on 9th May and the defendant has until 23 May to reply.

Penny Less

Q) Why is there always so much month left at the end of the money?

EDITED.

Link to post
Share on other sites

Great stuff!

 

They will probably acknowledge claim very soon and that can be checked online but you will receive notification in the post.

 

This will just give them 28 days from deemed to be served to enter a defence or to pay you.That gives you a final date of 6th June.

 

All going well you should have it before then.

 

Good luck.

 

Sean

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

Link to post
Share on other sites

Good luck mate - keep us posted!

Halifax -

LBA sent 12/05/06 for £1,232

 

Make a donation

Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

<a href="http://www.consumeractiongroup.co.uk"><b><font color="#FF0000" face="Verdana, Arial, Helvetica, sans-serif">The Consumer Action Group</font></b></a> - <font color="#FF9900" face="Verdana, Arial, Helvetica, sans-serif">Reclaim your rights as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.</font>

Link to post
Share on other sites

Thanks Sean and hwild, here's to the day they cough up!!

 

"Penny holds imaginary glass of champers up in a toast"!!!

 

I could do with a positive from this, just been well and truely shafted by my car insurance after some scrote jemmied the back window and took my gym kit and a fleece top, incl camera and ipod, only to find fully comp only cover me for £200 worth of "personal belongings", barstewards! The gym kit alone will cost me over £200 to replace.

 

I feel the need, the need for,....................CHOCOLATE!!!!!!!!!

Penny Less

Q) Why is there always so much month left at the end of the money?

EDITED.

Link to post
Share on other sites

Keep your chin up.

 

I could do with a positive.I have a son 200 miles away from me and as you can imagine it is costly to keep visiting every month.

 

Will be nice to take him for a well deserved holiday.

 

I wont be son`less and you will be Penny More.

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

Link to post
Share on other sites

Update;

Claim filed at Northampton CC on 4 May, recieved, Fri 12 May, notice of acknowledegement of service, they intend to defend all of the claim.

 

I know it has gone this far before with others, but I do hope they decide to pay up before it goes to court!

Penny Less

Q) Why is there always so much month left at the end of the money?

EDITED.

Link to post
Share on other sites

I dont think you have anything to worry about Penny Less, just watch out for the postman bringing you the good news.

Ive just had a week in Majorca thanks to the Halifax, and yes I did have a drink for everyone on this site, it felt bloody marvellous.

Good luck.

Link to post
Share on other sites

  • 2 weeks later...
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6629 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...