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    • One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other!
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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.  

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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.

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      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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oliver vs halifax ***SETTLED IN FULL***


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ok where do i start??? in feb went into local branch to change my address, filled in the form and nothing ever happened. had kinda stopped using my acc and was using just my bussiness acc instead. so as nothing ever happened went back into my branch in may and asked why my address hadn't been changed!!!??? problem with our banks running several systems i was told fill out another form all will be fine! so filled out another form and bingo my pension that i had with them sent me a letter thought this is it all done. on 20th july nathan stone my pension manager called me to review my pension. 27th july pension review day came in i went when he tapped in my details i came up with mulitple addresses warning on his computer!!! it then clicked that still not had any statements from them. my acc was now over my overdraft limit due to me forgetting to cancel a direct debit strangley enough though it was only the bank charges that had sent me over the limit!!! explaineed that not been getting statements or letters he went and spoke to the manager and manager verbally agreed to refund my charges back to my acc and thios would than put it inside my limit. ok this is the good bit start of aug comes and Nathan Stone phones me and says they have shut your acc because of being over limit. went into branch and they bounced it back to head office saying nothing to do with us. filled a official compaint stating all of this and more and 4 weeks later got a reply that if you read between the lines that stated tough luck default to your credit score added it's all my fault that letter was from Nicola Don!!! First phoned my pension manager Nathan Stone from horsham branch to see what he said about the manager refunding my charges and he can't quite recall our conversation (now very upset thought that Nathan Stone was a nice guy!!!) phoned her up (nicola Don) on her direct dial number (01383 426825) and am afraid to say went round and round in circles which at that point had it refered to a senior customer relations manager. she kept banging on about the banking code of conduct to which i replied that they don;t stick to it with regards to there unfair bank charges (had been on this forum and was already to send letters!!!) to which she replies that halifax doesn't think that they are unfair and that is their final answer, i then said i would like to make an official complaint that i would like to reclaim these unfair charges. put phone down and kicked myself that i didn't just do it the letter way but was angry and upset by now!!! so then i got a letter thanking me for my letter (THERE WAS NO LETTER IS THIS A STANDAD LETTER BACK FROMN THEM!!!) saying that they will offer £883 refund in charges i've worked out that i'm owed £4100 ish from them as i haven't followed all proceedure on here any clues what to do next???

HALIFAX MONEY CLAIM ISS FOR £4k 26/10/06:mad:

 

Look out :eek:

 

Cap One

EGG

lloyds tsb!!!!

 

:cool:

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Hi Oliver

 

The letter does sound standard, and is most definitely them trying it on as always with a low offer. I know you've not followed the exact steps so far, but hopefully you've now read round the site and know whats needed now?

 

If not go to the FAQ's section and read the Step by Step instructions. I presume you have your statements already to work out the charges figure? There are spreadsheets in the Templates library for calculating the interest they owe you also.

 

When you're happy with the Schedule of Charges and have a final figure....

 

As I understand it the Prelim letter (again in the library) is all about giving them notice that you want your money back. If it does ever go to court (unlikely), it looks good that you gave them time to pay up. From the sound of your case, its already a good while since your phone call. If its 14 days I would consider moving on to the Letter Before Action stage now - you'll need to tweak the wording of the template a bit - this gives them another 14 days to get their act together before you file your claim with the court (and again makes you look a nice person to the court!).

 

Stick to the steps and follow the advice on this site and you should get your money back :) - out of curiosity have they not defaulted / closed this account down?

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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interest alone is £600 bored and sat and worked it out lets see if they wanna take it to court!!! gonna have a look through the forum but does any one know if halifax have apperared in a court yet???

HALIFAX MONEY CLAIM ISS FOR £4k 26/10/06:mad:

 

Look out :eek:

 

Cap One

EGG

lloyds tsb!!!!

 

:cool:

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No, but you still have to be prepared for them to do so.

..

.

 

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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Exciting Week. My Closed Bank Acc Is Now Open Again Nathan Stone And The Manager Of My Local Branch All Of A Sudden Remembered The Conversation That Took Place But This Co-insided With A Letter From Fsa Saying That I Had Logged A Complaint With Them (although No Action Was Taken Does Anyone No If This Would Have Cost Halifax Anything???!!!) On Same Day As Phone Call I Recieved A Letter Basically Telling Me As I Had Refused Their Generous Offer To Go Hang My Self Now Only One Day To Go Before I Can Go To Money Claim And Recover My Losses And Also Gain Some Interest!!!!

HALIFAX MONEY CLAIM ISS FOR £4k 26/10/06:mad:

 

Look out :eek:

 

Cap One

EGG

lloyds tsb!!!!

 

:cool:

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money claim being done and filed tomorrow got my time scale wrong all set to go though!!! sent suit to dry cleaners just in case!!!!

HALIFAX MONEY CLAIM ISS FOR £4k 26/10/06:mad:

 

Look out :eek:

 

Cap One

EGG

lloyds tsb!!!!

 

:cool:

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  • 2 weeks later...
  • 2 weeks later...

money claim has been acknowledged, will now wait and see what happens!?!?!

sounds silly but fairly nervous about it all!!!!

HALIFAX MONEY CLAIM ISS FOR £4k 26/10/06:mad:

 

Look out :eek:

 

Cap One

EGG

lloyds tsb!!!!

 

:cool:

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  • 2 weeks later...

money gone into my bank today!!!!!

no letter as yet sure that will come as soon as stop off my account donation on it's way.

no quibble about daily interest full amount up to today!!!!

i'm a very happy bunny!!!!

HALIFAX MONEY CLAIM ISS FOR £4k 26/10/06:mad:

 

Look out :eek:

 

Cap One

EGG

lloyds tsb!!!!

 

:cool:

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Well done!!

 

Enjoy it.

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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CONGRATULATIONS

 

latest scores.......

 

CAG users: 682 (at least)

Halifax: 0

..

.

 

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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