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    • If you are buying a used car – you need to read this survival guide.
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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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Cythare Cooper V Halifax Bank ** WON **


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Hello All,

I sent an initial letter requesting repayment of the unlawful charges to my branch on 20th March and recieved a reply from the bank manger on 24th March. He wrote that he had escalated my complaint to customer relations department in Leeds and to the attention of D.P. Then, on 30th March, another letter came from a senior customer relations manager in Leeds saying a customer relations manger will look into it within 4 weeks. The Halifax's head office is in West Yorkshire. Should I now send my letter before action there or to my branch or the Leeds office? They have had the inital 14 days to concede.

 

This site is fantastic! Thank-you!!

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  • 1 month later...

I'm really confused about this. I have not been charged interest on charges or unauthorised overdraft. Do I still apply the 8% to all charges regardless? Also, I have tried the online calculator and it wasn't responding!?

 

Halifax Cashcard: Claim £700 approx.

Request for refund: 20th March 06

Reply: 24th March

LBA: 3rd April

Reply & offer: 10th April-£156

Exceptance and LBA for the rest: 20th April

Been away and ill but now need to make a claim through the court.....

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I can answer the first question, but the second I have no idea about.

 

The 8% is allowed under the County Court Act, as reparation for you being deprived of your money for that period. It does not matter whether the bank has charged interest or not. Although, if they have, you claim 8% on that as well!

 

 

 

 

 

 

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Dear All, I have tried the online calculator and it doesn't respond. I've tried to open the spreadsheet posted by Dave but all that comes up is aload of programming instructions and the 2 posted by Vampiress I really cannot make sense of! Is there a simple calculating programme for this purpose. please guide me, somebody!

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If you don't have Excel, AND you are not using a Mac, PM me...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Yes I have a mac and even I a mod cant get it to work, had to use parners shabby catflap...I mean laptop

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  • 3 months later...

While I was queing at the court to file my claim against Halifax, the man next to me had recently done the same to his bank and won! Very encouraging!

 

I have received no reply to the Notice of Issue. I have asked the court to enter jugement for an amount to be decided by the court. A hearing will be arranged to determin the amount the Halifax should pay. This was my only option, barr giving up.

 

How should I prepare for this?

 

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You need to read up on the FAQs to make sure you understand what the basis of your claim is just in case. What will probably happen is that you file for default judgement, they then ask for set-aside saying that they had their fingers crossed behind their backs so the judgement doesn't count. They will file to defend and then pay up. Timespan - unknown!

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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I often wonder if in there overworked legal section they miss some claims or play for time to be able to cope?

HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

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They didn't turn up to court for me yesterday!

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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The judge let me plead my case and awarded 50% of the s69 interest.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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  • 1 month later...

Hello! I'm back again...kids summer hols, half term etc... This is taking ages to get sorted.

On 21st September I recieved a letter from the court saying my Request for Judgement had been refered to the District Judge for directions. I waited and waited for an outcome. On 18th October, I rang the court to find out what was taking soooooo long. Can you belive it?! they had sent my reply and paper work to somebody else! A prompt letter arrived the next day informing me that: The District judge replied to your request for judgement as follows: " This is a claim for a specified amount - the claimant must lodge correct form of request duly completed."

 

Now, I was sure that due to the ongoing accumulating interest, up untill the day of judgment, that the amount I was claiming was not fixed. Anyway, I have now completed another Notice of issue (specified amount) and will deliver it to the court tomorrow. I have asked for an immediate payment from the Halifax as they have not filed an admission or defence to my claim or an application to contest the court's jurisdiction.

 

My advice to everyone is to do this online through moneyclaim. I do hope this is sorted before christmas.

 

Chow for now.

 

Request for refund: 20th March 06

Reply: 24th March

LBA: 3rd April

Reply & offer: 10th April-£156

Exceptance and LBA for the rest: 20th April

Been away and ill but now need to make a claim through the court.....

Issued Claim through court: 8th August

Halifax did not reply to claim.

I make a Request for Judgement: end of August

Court replies, Judgement has been refered to District Judge for directions: 21st Sept.

Court letter, I need to request a specifed amount for the judgement: 19th Oct.

Judgment made by court: Halifax to pay all charges and interest by 31st October.

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  • 2 weeks later...

Dear All,

I have recieved from the court a 'Judgment for Claimant (in default)'. This is because the Halifax did not reply to my claim. They have been ordered to pay ALL MY CHARGES AND INTEREST!!!!!! Yipppeeee!!! A total of £918.74 by the 31st October. They have not done so. There is a warning on the bottom of this judgment saying 'If you ignore this order your goods may be removed and sold, or other enforcement proceedings may be taken against you. If this happens further costs will be added..' What should I do now?

 

Regards,

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Sorry I don't know the answer to this, but can i ask a quick question?

 

Was your claim in Scotland or England?

 

Also, how long did the judge give the bank to pay up?

 

Thanks!

Halifax Prelim letter sent 2/08 Fob off recv'd : 7/08, Settled 17/08, without LBA even being sent : £240 agreed, just £28 short of what we were claiming for!

 

BoS: All statments recieved, totalling £1,680 before intrest, 09/08 CCA Request sent to Hollis Briggs Solicitors, Prelim sent on 12/8. Hollis briggs never did reply to the S.A.R - (Subject Access Request). LBA has been sent, and action has begun in the small claims court! Return date 2/11, Prelim. hearing 9/11. Hollis Briggs have dropped the account, which is now back under BoS head office control! BoS ignored court claim, and din't reply at all. Spoke to rachel Hinchliffe, who said they did not recieve summons, now in her personal hands. 2/11 - Recieved noticed of debt collection on this account from Wescot, just more evidence of icompetency, and for court! :lol:

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Phone the Halifax legal services department (number in contact info section) and warn them that a failure to pay TODAY (whatever day that is) will result in you instructing the Court bailiffs to seize goods to the value.

 

Do not give them any more time to pay.

..

.

 

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.

 

 

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Please can someone help me!!??

I have still not received my payback from the Halifax. They were meant to pay by 31st Oct. Should I ring them and if so who do I speak to? Or is there another way to make them pay?

 

 

Request for refund: 20th March 06

Reply: 24th March

LBA: 3rd April

Reply & offer: 10th April-£156

Exceptance and LBA for the rest: 20th April

Been away and ill but now need to make a claim through the court.....

Issued Claim through court: 8th August

Halifax did not reply to claim.

I make a Request for Judgement: end of August

Court replies, Judgement has been refered to District Judge for directions: 21st Sept.

Court letter, I need to request a specifed amount for the judgement: 19th Oct.

Judgment made by court: Halifax to pay all charges and interest by 31st October.

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I would do just what jonni has advised. Phone halifax legal department. If they do not pay up, phone the court, give them your reference number and tell them that the bank has still not paid up. They will be able to help you further.

Halifax Prelim letter sent 2/08 Fob off recv'd : 7/08, Settled 17/08, without LBA even being sent : £240 agreed, just £28 short of what we were claiming for!

 

BoS: All statments recieved, totalling £1,680 before intrest, 09/08 CCA Request sent to Hollis Briggs Solicitors, Prelim sent on 12/8. Hollis briggs never did reply to the S.A.R - (Subject Access Request). LBA has been sent, and action has begun in the small claims court! Return date 2/11, Prelim. hearing 9/11. Hollis Briggs have dropped the account, which is now back under BoS head office control! BoS ignored court claim, and din't reply at all. Spoke to rachel Hinchliffe, who said they did not recieve summons, now in her personal hands. 2/11 - Recieved noticed of debt collection on this account from Wescot, just more evidence of icompetency, and for court! :lol:

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