Jump to content


  • Tweets

  • Posts

    • Prices had already risen in expectation of action, with Brent crude near a six-month high last week.View the full article
    • Thanks everyone. Will speak with the manager first chance I get later today and let you know.
    • own topic created  tnx the info. dx  
    • this debt: MBNA Bank of Scotland Card debt- LInk got a CCJ - now want payment review - MBNA - Consumer Action Group and a barclaycard loan - did you ever send the a CCA in all these years.....when was it taken out?    
    • Welcome to the Forum. The PCN must be subject to Bye laws as the warning near the bottom of the PCN does not comply with the protection of Freedoms Act 2012 Schedule 4 Under Section 9 [2][f[] of the Act it should say: (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver ,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Their version states they are pursuing you as the driver [because of the Bye laws they cannot transfer the liability from the driver to the keeper] even though you are the keeper. Should it go to Court Judges do not accept that the driver and the keeper are the same person. Obviously on many occasions another member of the family may be driving instead of the keeper. Indeed anyone with a valid motor insurance policy is able to drive your car. if any of the three cars were not driven by the keeper they are not liable to pay the PCN only the driver is.  as long as they do not divulge who was driving those lovely people at Alliance haven't a hope of winning against them in Court. What a shame. However while those keepers who were not driving are in the clear all is not lost for the other keeper drivers. Alliance still have to prove who was driving which is difficult providing those keepers do not appeal.  It is quite often that on appeal the keeper may say "I entered the car park at....."  immediately giving away that they were the driver. Plus even if you appeal it won't be accepted as a] they lose £100 straight away and b] mostly all the major car parking companies are dishonest scrotes. In the meantime you will be on the receiving end of threatening letters from Alliance, unregulated debt collectors and fifth, sixth or even lower rated solicitors all trying to frighten the life out of you to cough up. They can all be safely ignored since if you don't contact any of them they don't know who was driving so have no information that the can use in Court to identify the driver. Some time in the future they may send you a Letter of Claim which must not be ignored. Just let us know and we will advise a suitable snotty letter to send them which will show that you are not afraid of them and are happy to turn up in court knowing that you will win. Sorry it was a bit long winded.  
  • Recommended Topics

  • 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
  • Recommended Topics

Burnside Vs Halifax


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6385 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

The story so far then...

 

19th August: Sent SAR and received 51 pages of statemnts by 8th September.

 

10th September: Sent prelim and received reply on...

 

21st September: Saying, and I quote...

 

Customer Service Complaint

 

Dear Mr Burnside

 

I refer to your cardcash account and your letter dated 10th September

 

I was very sorry to hear that you have had cause to complain about the service that you have received recently.

 

In view of the nature of your complaint I have referred the matter to a Senior Customer Relations Manager within my Head Office who will now deal with you direct.

 

You will find enclosed a copy of our leaflet which tells you how we will handle your complaint

 

Your concerns will be dealt with as quickly as possible but if you need to speak to me in the meantime please telephone me on 0151 224 7541

 

Yours sincerely

 

 

Paula Hunter

Customer Care Manager

 

 

Next up: 25th September: Send LBA

 

Coupla questions now then...

 

1) When should I be issuing a claim with the court, and, where should I go to check what I should be doing in the next coupla weeks?

 

2) Is it likely Halifax will get nasty?

 

Ok, so that's 3 questions, nevermind :D Anyways, thanks for the help in advance people.

Halifax PLC

August 19th: Subject Access Request sent

September 10th: Preliminary sent

September 26th: Letter Before Action sent

Claim issued: 22nd October

Link to post
Share on other sites

If you send the LBA 25th Sept then if no response by 9th Oct (14 days) file for court

 

the full procedure can be found here http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

Each case seems to be different so you will have to wait and see

 

Best of luck

Link to post
Share on other sites

  • 2 weeks later...

OK, had a reply from Halifax, offering £270~ for last 6 months charges. Yeah, right. Only problem now is I can't afford the £120 to file the claim, which I could've filed come Tuesday. Is there any help I can get with this from the court or elsewhere, bit stuck otherwise...

Halifax PLC

August 19th: Subject Access Request sent

September 10th: Preliminary sent

September 26th: Letter Before Action sent

Claim issued: 22nd October

Link to post
Share on other sites

Hi,

I am in same situation! I was offered £360, which I declined. I wrote giving them 7 days before issuing court action if charges aren't refunded in full, they just replied without further offer, but explaining that I can contact Financial Ombudsman! I don't have cash spare for court proceedings at present so am interested in any response!!! Thanks

Link to post
Share on other sites

  • 3 weeks later...

Finally managed to pay the court fee. Went to do it on Monday and found they don't accept my card (sodding electron :p ), swo just had my mum over to put it on her card :D.

 

So, I know I have to send another schedule of charges to Halifax but is there anything else that needs doing while I wait? Can't believe this could finally be coming to an end.

Halifax PLC

August 19th: Subject Access Request sent

September 10th: Preliminary sent

September 26th: Letter Before Action sent

Claim issued: 22nd October

Link to post
Share on other sites

Guest bluecloud

It depends on how you submitted the claim.

 

If you went to a County Court then you should have already submitted the schedule of charges with the N1. The Court will send everything to the Defendant (the bank). They will keep a copy on file and you should have received a notice from the Court telling you when the claim was filed, when it was deemed served and the claim reference number.

 

If you did via MCOL then you need to send a copy of the schedule of charges to the bank and to MCOL.

 

The address for MCOL is:

 

Moneyclaim Online

21-27 St Katherine's Street

Northampton

NN1 2LH

 

Don't forget to include the MCOL reference on the schedule of charges.

 

 

 

.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...