Jump to content


  • Tweets

  • Posts

  • 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

Halifax are adding unplanned OD charges to current account: please help.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4068 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

Hello,

 

I would be very grateful for some help or advice with a Halifax current account.

 

I am self-employed. At the moment, due to general health issues and personal problems, I have been keeping my business fairly low-key so there isn't much money going in and out, and some months I go very close to my overdraft limit.

 

I admit that some months I have gone over the limit and into what Halifax calls an 'unplanned overdraft'. I have copped the charges for this, added on or around the 1st. day of the following month. I have no objection to paying bank charges where the fault is with myself. I do think the charges are disproportionate, but that is a separate issue.

 

The problem I have with Halifax is that, having reviewed my bank statements over the last 12 months, in the majority of cases it is the Halifax 'unplanned overdraft charges' that have sent me over the limit. For instance, just today, Halifax have added around £90.00 in charges. This is because last month I went around £12.00 over the limit for about 6 days, but I only went over the limit because Halifax had added £22.00 in charges, and those £22.00 in charges were only added because the month before that I had gone over the limit due again to Halifax charges, and so on and so on and so on....back it goes.

 

I stress again that I have no objection to paying bank charges where the fault is with myself, but Halifax's totally ridiculous and disproportionate charges are creating a vicious cycle, and it's not easy to get out of it.

 

The sums involved are modest. The OD limit is only £70.00. However, this is a very annoying situation and I would be grateful for some advice on whether Halifax are adding these charges unlawfully or I otherwise have a basis to challenge them.

 

Many thanks in advance.

Edited by Ecatsue
Link to post
Share on other sites

For those interested, I now have an update. I spoke to Halifax customer services just now. They offered me £35.00 in full settlement, which I refused. I then went back and looked through my bank statements online for the past six years. Fortunately, I had very few transactions until relatively recently, so it was quick work. I have totted-up the total of the unplanned and planned overdraft charges that I think are questionable. This calculation excludes those charges that have been applied where I have gone overdrawn (as opposed to the bank charges causing me to go overdrawn). In all, I calculate there are almost £900.00 worth of charges here which I consider questionable. This is over a period of some three-and-a-half years.

 

I went back to the Halifax and told them this. I emphasised that I am not suggesting I should be refunded the whole sum, but I do think the charges were applied in dubious circumstances and I should have a refund of some of it. They spoke to their own customer relations (who deal with complaints) and the response is that they consider it is for me to operate my account in accordance with their terms and conditions and to manage my own finances correctly.

 

Of course, that argument has some validity, however it conveniently overlooks the question of whether their terms and conditions and practices are fair and reasonable in the first place. Let's also compare the conduct of myself and Halifax for a moment. I am at fault in that I have, on occasion, gone over my limit deliberately or inadvertently and I accept that I should be charged for this unauthorised borrowing and that the borrowed sums have to be paid back quickly. Halifax, by contrast, has taken money from my account, not merely borrowed it, and with no prospect that the relevant sums will be paid back to me. The sums taken are totally out of proportion to the margin by which I have been overdrawn at any one time, and furthermore, in each case, it is the bank's own charges that have caused me to go overdrawn - yet, the bank offers me no relief or consideration whatever other than a token sum of £35.00. The fact I may have had advance notice each month that this would happen does not make it reasonable. A burglar does not have a legal defence if he warns the home-owner beforehand that his house is going to be intruded at the beginning of next month. The way I see it, they have raided my account and plundered it on a rather dubious pretext. It's almost akin to what the Americans call 'racketeering'. Where charges are being applied recurrently and those charges are causing me to go over my limit, then the practice has to be questionable, surely?

 

But I would appreciate some advice. Others must have encountered this situation before.

Edited by Ecatsue
Link to post
Share on other sites

You might want to have a read of the BCOBs articles, which are highlighted in green, in my signature (below). I am pretty sure you will find a similar situation that has been highlighted and a draft letter that you would be able to use.

 

If you want further help with BCOBs after having a read.. then just ask :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Great, thanks. I'll take a look at this.

 

Halifax have said they are going to issue a letter to me setting out their position. I expect to receive that within about seven days, and once received I will draft a reply (and post it up here, if appropriate).

 

Thanks for your help.

Link to post
Share on other sites

Yes, please do let us know what they have to say.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi Ecatsue and welcome to CAG.

 

There are a lot in your position if the truth be known and yes it is racketeering because they can and have you in their control.There is only one way to end this vicious cycle, and it is easy to get out of it.Set up alternative banking facilities and isolate the Overdraft you have to get off their money making merry go round and deal with-it head on.

 

Once the OD is isolated and you are independent to them then you can either negotiate a payment plan or consider claiming back those charges or let them instigate litigation for the amount which you can then defend and counter claim.Defending in litigation is far easier than claiming and lets face it you really cant carry on as you are.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...