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    • Funnily enough the ad is still available online Range Rover 4.4 SDV8 Autobiography LWB Previously Sold | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire but the autotrader version isn't which was probably slightly different potentially with more information. Reported to FOS over the phone but essentially gave them the same information I've stated here, updating them that I'm paying for a car I haven't had for nearly a month now etc I'll certainly come back with an update. Fingers crossed they will realise it's not worth taking to court. So the inspection among other things found a hairline crack across a load bearing section of the chasis which at the minute to the naked eye looks tiny but could turn out to be catastrophic and has had some filler chucked on top of it but we'll see what Clinkards inspection comes back with. Distance wise I believe they're around 165-170 miles away from me. Also I'm sure many people will have PCP agreements as it's the most common way to buy cars under 5 years old but they just forgotten the terminology or name for it. Pay deposit, choose a length then pay the difference between value today and guaranteed future value at the end of that agreed term   Whole experience has scarred me and moving forward I'd be tempted to pay for a pre purchase inspection myself because these guys are bigggg traders with a lot of top end cars. I just hope they don't make any more silly offers
    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
    • It was really this daft Privacy Notice we were after, but no worries, I'm 99% sure it doesn't count as a NTD otherwise in his letter Simple Simon wouldn't have offered the discount of paying £60 instead of £100. Apologies for jumping the gun earlier. It's a pity your friend paid.  It's neither here nor there if Excel would back down or not.  They are not some statutory authority.  They're just a cowboy private company.  The only way she could have been forced to pay is if a judge had ruled against her in a court hearing, which is highly unlikely given she could have proved to have been elsewhere. I see her "offence" was in May 2023 so logically Excel and their signs were there by then.
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      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.

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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MissNataliemartin 3383


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hi,

First post here so sorry if it's in the wrong place. I have just calulated my charges on my halifax account since 2003 they total £2358.50 there is also £430 interest from 8% APR calculation. do i now send the letter asking for just the £2358 or the grand total, i read the guide and am still a little confused. Thanks, reading all the stories was a real inspiration to get it sorted.

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Leave the interest off until the court submission.

 

 

Welcome to the site Nat.I have moved your post into a thread for you.This will be your own.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I have just recieved a letter in reply to my first request for the charges to be repaid. I would be grateful for any helpful advice. The letter states the following things and it is the latter section which i am most woried about.

1) sorry we have caused you concern

2) the rulling is unfair on us and we are trying to changed it at present

3) we will not send details of charges as they are too complicated

4) your bank contract says that YOU must keep the account in order and you haven't (so i read this as them saying tough!):mad:

5) your account is now managed by a debt company and they have frozen all new interest and charges ( i knew this and it has been for 3 months but the charges where from 1-2 years ago):eek:

6) any further issues should go through complaints department (that is where i sent the letter to in the first place)

 

I realise they are trying to scare me off, but has anyone had this before? what is the next step? shall i just follow th eprocedure?

 

Thanks everyone.

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First of all try to stop worrying, this is perfectly standard stuff.

 

Just follow the procedure outlined in the FAQ's and use the template letters. Don't give them any wriggle-room, be relentless but fair and you will get your charges back. Irrespective of the views of Halifax, these charges are unlawful and the law we rely on dates back to 1894 and possibly further.

 

The law allows that you may be charged if you commit a breach of contract but the charge must not exceed the cost to the bank, which clearly it does and therefore you do not need to pay it.

 

Regarding them sending you details of the charges, under a DPA request they are obliged to send all data they hold, whether too complicated or not! Although they are not obliged to send it to you in a particular format and you may have to wade through pages and pages of data in order to pick out the charges, having said that, it is not difficult to do.

 

Ask anything else you are unsure of.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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thank you so much. I was a student when they did this to me and i have never recovered. I looked at the statements and saw that over one month when i was away and therefore not using account which wasn't over limit, they charged me 14 days in a row and chraged interest it totaled nearly £800! The grand total is nearly £3000. Should i get all that back or a part payment of it?

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You should get it all back, just follow the procedure outlined on this site.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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I have just recieved a letter in reply to my first request for the charges to be repaid. I would be grateful for any helpful advice. The letter states the following things and it is the latter section which i am most woried about.

1) sorry we have caused you concern

2) the rulling is unfair on us and we are trying to changed it at present

3) we will not send details of charges as they are too complicated

4) your bank contract says that YOU must keep the account in order and you haven't (so i read this as them saying tough!):mad:

5) your account is now managed by a debt company and they have frozen all new interest and charges ( i knew this and it has been for 3 months but the charges where from 1-2 years ago):eek:

6) any further issues should go through complaints department (that is where i sent the letter to in the first place)

 

Hi there,

 

just wanted to check a couple of points,

2) What ruling are they refferring to? I assume it is the OFT's statement (which by the way was not a ruling).

3) Have they already sent you the statements? In which case they must mean the process and cost of these charges to them. I can't see a judge being too compelled by that defense!

 

[Judge] You maintain that your charges are an accurate reflection of the costs incurred, please demonstrate this to the court.

 

[Halifax] These calculations are too complicated for you to understand..........

 

Should be interesting! Don't worry, I'm sure it's just their bully-boy tactics to get you to drop the claim.

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thanks for that.

2) yes they did mean the OFT statement. They said they were trying to reverse it??

3)sorry yes i have the statements and i think they are referring to my request for them to outline the details of the costs that they incurred when i went over the OD limit etc.

 

I know it is their tactics but have been worrying about this for years and just needed guidance on a few issues. Thanks to everyone out there helping i wouldn't be doing if it wasn't for you.x

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2) yes they did mean the OFT statement. They said they were trying to reverse it??

chuckle,

 

they have had hundreds if not thousands of opportunities to put this issue to bed, in the form of court cases and claims procedures.

 

If they believe that their charges are a fair reflection and can evidence this then they would only have to defend this once in a court and that would have been the end of all these ongoing claims. Simple as that.

 

So their argument that they have been settling these cases (for the full amount lets remember) purely to save money because of the legal fees is quite frankly ridiculous. It just doesn't hold water, and neither I believe does there claim that these charges are fair.

 

The new reduced rates of £12 STILL haven't been shown as fair either. The OFT statement simply set a threshhold at which they would personally take action. It did NOT state or imply that this new level was fair in any way, and it anticipated that consumers would continue to pursue claims independently in cases where the charges were under £12.

 

So keep at it, remember they are trying to convince you that you do not have a case to reduce their losses.

 

They are not really drawing a line in the sand and saying that you cannot cross it, they do not follow through because their position appears to be indefensable.

 

Right, that feels better.......sorry to rant in your thread miss natalie.........

 

Off in search of caffiene now .........

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miss nat

 

chill

 

they tried all this with me , i served my mcol friday week ago and they paid the money into the account last friday. they are and will be intimidating but stay strong and you will get what is yours!

when i win ...... 5% goes back to the site!

 

Halifax- 14/6/06 Data Protection Act.28/6/06 S.A.R - (Subject Access Request) - (Subject Access Request) handed in person. 2/7/06 Prelin sent for £3297. 19/7/06 LBA sent SETTLED

Halifax cc- 26/7 prelim for £140 - 14/8 LBA sent - 21/8 £ 70 offer - 22/8 Halifax agreed to pay £140 after call SETTLED

Halifax loan #1 - SETTLED

SMPL- 20/6/06 prelim sent for £610 4/7 sent lba after no reply. MCOL 29/9

Rooftop Mortgages - 20/6/06 prelim sent for £225. 29/6/06 letter rec'd saying no! /2/7/06 LBA sent

Capital One- 24/6/06 S.A.R - (Subject Access Request) sent. 2/7/06 prelim sent for £137. 19/7/06 LBA sent MCOL 29/9 SETTLED

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  • 2 weeks later...

Right, so having gone through the first letter asking for the near £3k that Halifax have taken form me (to which they blamed me and said NO!), i have sent the LBA. That went off fine but... i have had in the past unpleasant experiences with HAlifax on the phone :( (which at the time i did nothing about as i was scared they would want the money back if i pushed too hard) Now the Customer Relations had left a message with me and i am nervous about phoning back. Has this happened to anyone before? What can i do? Oh i also haven't recieved a reply yet from them except the voicemail and i sent the letter on the 11/10/2006.:confused:

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don't get into any conversations with them. Just deal totally by letter, that way you have copies of everything that's said. Don't worry about calling them back if you don't want to. Wait til your 14 days are up, which is tomorrow and then start on the next stage...

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you could call them if you want to see what they wanted... curiosity would get the better of me..

 

if you have sent the LBA the next stage is the court action.. don't be nervous, its easy and remember YOU are not the defendant, they are and they have your money..

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Personally I wouldn't call them at all. If it was that urgent they'd also write to you. Unless you're really confident on the phone, I'd avoid telephone calls at all costs. They'll push you into a corner and get you to agree to something that you really don't want to. Keep it all by letter, the templates here cover absolutely everything you could possibly need, and you've no need to speak to them.

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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Thanks for that. I am curious but they are awfull on the phone so rude it is scary! So i take it that i now write in the N1 form what do i put? :confused: :confused: I have looked around on the site and got confused between things, i know i am sounding a little needy but i don't want to get it wrong now and then loose out in the ling run.

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There's a template for what to write in the Templates folder (N1 Hardcopy version).

You need to send the court a copy of your schedule of charges, with the interest included. You know you can submit your claim online, right? If you're on benefits you have to use N1, but if not you can do it on the moneyclaim website, if you wish

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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Sorry about the thread thing, i hadn't realised.

 

New development has left be confused to say the least.

 

Having decided not to contact the halifax back after their voicemail, today i was caught by answering the phone and not checking to see who it was first. It was the customer relations lady (as mention earlier) and she had asked me f it was convinient to chat, i explained no and could they write instead. She ok, but then had one last question for me..... did i still work for the haifax? I replied (whilst choking) that most certainly not, she then proceeded to ask had i ever worked at the halifax ? i again said no! Then without so much as a bye or leave she said ok then i will write to you and she was gone!!! very strange as i have never even considered working for them nor would i!

 

Any insight would be great!!!!! Very confused but it does sum up their competence!

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??? Don't quite know how to comment. perhaps a name sake of yours did and they believed you to be a person who is working there?, I know they wouldnt look too kindly into their own employees looking for a return of bank charges!!

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