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    • Ok just an update sent my DQ recorded delivery, received by court 18/07/24, nothing yet showing on mcol. Deadline is Monday 22/07/24. Hopefully shows on before
    • So, the two child benefit cap is going to (rightly or wrongly) be a big issue, with the care of kids undoubtedly taking second place to political point scoring  ... Some think that parents should be responsible for kids, and the state pay as little as possible else the parents will just use having kids (which they then neglect) as a means of income for them to spend on fags and booze. Some think that benefits should be effectively there for anyone whatever the circumstances.   So what do people think might be some sort of solution?   I think that both those stances are extremes,  and you can be sure of just a few things 1. Neither or any approach fits all affected. There are some who will abuse the system, just as there are some left in genuine desperate need. 2. None of its the kids fault, and how they are treated will have a large impact on our nations future.   So, despite the claims of 'it means only rich people can have kids' which is rubbish, I think the cap should stay. ... BUT that free school meals should be introduced for all state school kids:   Which would * ensure our nations children kids get fed at least one meal a day with the funds intended for that * be a significant incentive to go to school for the poorer kids at least - keeping many off the streets and away from bad company * almost certainly reduce problems and increase productivity in the classroom from irritable hungry kids (per stats)   Not a perfect solution by any means - but seems a positive move to me.    
    • and more positive change From next year, mobile phone, paid television and broadband companies must inform customers of any price rises at the point of sale. The changes, ordered by Ofcom, will come into force on 17 January and mean that any mid-contract price rises must be given “in pounds and pence” and in a “clear and comprehensible” way.   Taken a change of government to do it after years of bluster about it eh?   Mobile phone companies banned from hiking prices mid-contract based on inflation WWW.INDEPENDENT.CO.UK The new year plan ensures providers are transparent on prices at the point of sale  
    • Could he/ his partner set up a new internet bank account?  In his name ? It depends which country, I imagine. Most UK banks want proof of address and ID, probably more. If your friend/partner can use the house address and provide bills that could help. You would need to look at various online banks and see what their requirements are. Or there are expat accounts but I haven't looked closely at how they work. Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage) I'd have thought the DWP would pay to a new account, as long as the person they're authorised to deal with asks them and provides details. The international pensions people in Newcastle are pretty helpful.
    • HB - he has certainly given me a challenge ! I set a plan in motion. A refinance plan that would have enabled me to take time to sell one asset and sort out another for him.   The bank account blockage has hindered the plan.  His partner seems to think I can do everything w/o paying anyone for anything.  I don't mind helping - but it's not normal to clear out 2 properties, organize storage or sale of possessions, get properties ready for sale/ rent - w/o being paid.  He has the money to pay for things and services - and for my help - but the blockage prevents that. If the refinance plan could still be actioned then at least I would have some time to sell one asset.  Could he/ his partner set up a new internet bank account?  In his name ? Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage)
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    • 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
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Halifax


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Dear Sir/Madam

 

Penalty & unfair charges – request for refund for xxxxxxxxxx xxxxxxxx Sort code xxxxxx

 

We calculate that you have taken £1361.00 plus, from our account all of the charges have been calculated from information taken from our bank statements please see attached spread sheet. Any further Charges applied to our account after the last deduction of 16th march 2006 should be voided and no other charges of this nature applied to our account. In December 2005 we were charged £652.00 in unlawful charges, with this in mind and such excessive charges how were we supposed to correct the account we had in fact been paying money to try to correct this regularly but all the money that was being paid in was being used up by these charges.

 

I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

 

Your charges do not reflect any actual loss; instead they appear to represent a lucrative profit-making scheme. UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (2nd report, 25 January 2005, paragraph 50).

 

Accordingly, the charges applied to my account are not a reasonable pre-estimate of the bank’s loss in relation to my account. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and outwith, the UK).

 

On a separate note, your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under reference to paragraph 1(e) of schedule 2 of the said regulations:

 

‘Indicative and non-exhaustive list of terms which may be regarded as unfair - 1. Terms which have the object of effect of - (e) requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation’.

 

0n 26 July 2005 the OFT stated that 'a charge is likely to be disproportionately high if it is more than a court would be likely to award if the lender sued the cardholder for breach of contract'. Because your charges include a large profit margin, in addition to actual loss, they are irrecoverable as an unfair term in contract. In addition, it is unfair to require me to subsidies your global debt recovery costs and debt write-off.

 

Please refund these charges to us within the next 7 working days to arrive with us no later than Friday 21st April 2006. if we have reason to commence court proceedings against you we will also add on interest and all our court costs. I reserve the right to commence court proceedings without any further notice.

 

Yours faithfully

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  • 2 weeks later...

brian you seem to rushing into this by only giving them 7 days to respond to your demand for them to return charges if and when it gets to court they might have a valid case to deffend as the judge may see that you have not given them enough time to respond to your letter, the whole idea is not to leave the banks any get out clauses at all and to make sure your case is water tight this is exactly the sort of thing the banks vast legal teams will be looking for and to win a case is going to boost there moral no end and it will also deter many people from getting their money back.

LLOYDS TSB

DPA: REQUEST SENT: 11-04-06

RECEIVED 28-O4-06

PRELIM LETTER SENT: 04-05-06

RECEIVED SOD OFF:06-05-06

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is this the letter that i should now send to them ? also how do you calculate the interest on this money as it was not charged at the same time but in bits and drabs over the last 5 years.

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxxx

Sort code:xxxxxxxxxx

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £1361.00 plus Interest which you have charged me in overdraft interest for the sum which you have taken.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

 

 

 

 

 

Yours faithfully,

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As stated above Brian, you are not giving them enough time to respond. I think you should go over the FAQs again and follow the step by step plan.

 

I believe that you do not put in a claim for interest until you FILE THE CLAIM WITH THE COURTS.

 

Please be careful with your own interpratation (sp) of the law it could land you in deep water.

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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  • 2 weeks later...

i have had a responce to my letter from halifaxi s this standard what should i do now accept or continue on with my claim or telephone them, the basis of my complaint in over £1000.00 in 2 Months in Charges whilst my partner was Off Sick prior to this and after this period we have recieve very little to no charges at all?

at the time of our problems i did contact the bank by there telephone banking to ask for assistance so as not to make matters worse but they refused to help.

this is how is goes

 

thankyou for your recent letter dated 21st april, i tried to call you to discuss your complaint but you weren't available to take my call.

if i may explain i am sure you will appreciate that like other organisatios we incur costs for every transaction made. when we pay an item against an unauthorised overdraft or retrun an item unpaid, we incur extra costs regardless of the shortfall involved. we believe it is fair to pass these costs on to the accounts affected, rather than absorb them into other areas of our operations, penalising all of our other customers as a result.

We clearly outline our charging policy in the terms and conditions that apply to your account. in addition, we are committed to complying with the banking code, which sets standards of good banking practice for banks and building societies to follow when dealing with personal customers. the terms and conditions of your account state that you must have funds in your account to cover your transations. we cannot be responsible if you have authorised payments against funds that were not available.

we are keen to help you avoid any unnecessary charges by providing various ways to keep track of your account. you can do this via telephone banking, on line banking or mini statements at cash machines. you can also contact one of our banking advisers at any of our branches.

Ultimatlely it is your responsiblity to manage your accont. However, as a gesture of goodwill iam prepared to refund £330. of charges in full and final settlement of your complaint. I must stress that future valid charges will stand and we reserve the right to close your account if you do not manage it correctly. If you are prepared to accept my offer, please sign and return the enclosed acceptance form in the pre paid envleope. You recently recived a copy of our leaflet explaining out complaints procedures should any of your concerns remain unresolved please let me know what you'd like me to do to put matters right. We are keen to resolve your concerns, if we are able to do so we'll provide you with details of how you can contact the financial Ombudman service for help. If i don't hear from you in the next eight weeks i will assume you are happy.

If you woul dlike to discuss your concerns, please contact me on 01383.426816.

 

 

Yours sincerely

 

Kenneth Graham

 

Senior Customer Relations Manager

Customer Relations

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It is, of course, totally up to you but I would be writing to them to say that I look forward to receiving the £330 forthwith. However, I do not accept it as "full and final settlement", and will now be continuing with a County Court action for the balance unless you agree to settle this matter in full within 7 days from the date of this letter.

 

 

 

 

 

 

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decided to telephone Keneth Graham at Halifax today to disscuss the offer and tell him i would accept it but not in full and final settlement, he then increased the offer to £600.00 told him that this was still not enough so he increased the offer to £1,000.00 which i accepted he is sending me out an acceptance letter in the post today to settle my claim

 

think this is a great result

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  • 12 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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