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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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Challenge accepted! **WON**


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I calculate that the Halifax have imposed charges on my account totalling around £250.00 over the past 6 years. I have followed the guidance on this forum and after my initial claim letter was offered £90 as a full and final settlement. Following the guidance I found on this site I then sent an LBA again requesting the full amount be refunded. I have today received another 'full and final' repayment offer of £188.00 within one week of sending my LBA.

 

My question is as the title suggests do I accept still being around £60.00 short of the full amount and consider myself to have avoided the need to go through litigation procedures? Or, do I again write back stating that I want the full amount or else serve a court order?

 

I appreciate your help - would also appreciate some help with my other query titled ' unauthorised direct debit' (relating to both the Halifax and Npower)posted in the general consumer issues forum (shameless plug I know but it seems everyone is reading it but no-one has any suggestions!! Come on guys gizza clue!)

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  • 3 weeks later...

I have taken the advice offered and again gone back to the Halifax stating I am only prepared to accept their offer as part payment. I have again re-iterated my intention to submit a claim against them. I have since received a response stating that they are unwilling to increase their offer (the tone is quite terse and doesn't even make clear if the offer still stands!). They have also kindly enclosed a financial ombudsman leaflet. I now intend to go ahead with Moneyclaim submission. It has now been around 21 days since my LBA - is the delay in my submission likely to affect my prospects of winning and obtaining a full refund?

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It has now been around 21 days since my LBA - is the delay in my submission likely to affect my prospects of winning and obtaining a full refund?

 

No.

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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I am in the process of completing a claim via Moneyclaim having been offered almost £100.00 less than the amount owed to me by Halifax Plc (a paltry amount I know compared with many other cases on this site - but MY money nonetheless!!)

 

My claim amounts to £283.00. With interest the amount becomes £350. I note that the costs for applying for the claim rise to £50.00 with any amount over £300. My question is if as appears most likely they agree to settle having received the claim will they also refund my costs or would I only get this back if I have my day in court! Also does the same apply to the amount in interest I am claiming i.e. if they settle out of court can I would not get this either?

 

Any help is greatly appreciated.:confused:

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  • 2 weeks later...

I have gone through all processes as outlined on this very useful site. After my initial LBA I was offered an initial £90.00 of the almost £300.00 I calculated was owed to me. As advised I agreed to accept as part payment only. They then offered me £188.00 again I accepted as part payment only and notified my intentions to take court action.

 

I have now done this and my claim with interest and costs amounts to around £400.00. Comparing this relatively paltry amount with other claims on this site I was somewhat suprised to receive confirmation from the court that they intend to defend the case in full. Are they bluffing and trying to prevent me from sticking to my guns or are we really likely to meet in court? If so is there a definitive guide that may help me prepare my case?

 

Apart from the usual info re the OFT ruling etc I have one or two 'aces up my sleeve' re the Halifax's mis-management of my account. Should I write to them threatening to expose these in court in the hope that they may rethink and settle or simply wait for the 'big day' - any advice would be appreciated.

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Dont worry you are doing everything correctly so far, my guess is they will settle soon, halifax seem to be a bit quicker than most at settling but please be aware they it always might go to court, you need to prepare for that, read up on the next stage of the process should you need it which is filling in an Allocation Questionaire, (all details are in the templates section)

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Thanks for the 'heads up' guys. Has now been 10 days since I filed my MCOL application and around 5 days since Howard and his gang took up the challenge - would prefer a settlement without the need to knock his glasses off in court but we'll wait and see. Will keep you posted and will also get revising via the templates section.

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:grin: :grin: :grin:

Received letter over the weekend. Something along the lines of 'Halifax wishes to defend your claim. However it is not considered financially viable to defend this..... Therefore without admitting liability Halifax agrees to repay all charges plus interest and refund court fees - Woo Hoo!!

 

Perseverance pays off.

 

They simply want to hold out a long as possible to see if you if you lose your nerve and accept their offer of settlement. Don't do it guys - follow the excellent advice on this site and take them all the way!!

 

Let's all give'em Extra until they clean up their act and stop charging!!

 

Now off to make a donation - thsnks all.

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:grin: :grin: :grin:

Received letter over the weekend. Something along the lines of 'Halifax wishes to defend your claim. However it is not considered financially viable to defend this..... Therefore without admitting liability Halifax agrees to repay all charges plus interest and refund court fees - Woo Hoo!!

 

Perseverance pays off.

 

They simply want to hold out a long as possible to see if you if you lose your nerve and accept their offer of settlement. Don't do it guys - follow the excellent advice on this site and take them all the way!!

 

Let's all give'em Extra until they clean up their act and stop charging!!

 

Now off to make a donation - thsnks all.

 

Nobody honestly believes banks will ever stop charging, they are businesses afterall and provide a service. All we want is for them to stop disproportionately charging and to stop taking advantage of vunerable people in financial difficulty. How many people would be in this situation and would this site even exist if say Banks charged £2.50 for being Overdrawn, Unpaid DD's. etc etc.

Regards

 

 

S

 

 

Halifax PLC - £607 - SETTLED IN FULL

Halifax Card Services - £1142 - SETTLED IN FULL

 

MBNA Europe - £842 - SETTLED IN FULL + INTEREST!

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Hi I am new to all of this and have just read all about your charges from halifax.

I am in a similar situation and was hoping for advice.

About 4 months ago I was £12 pounds over drawn and due to this they charged me £30. To cut along story short, due to them charging me for being over drawn they were then adding on more charges for me being over drawn because of their charges. Everytime I thought I had cleared the charges there would be more. In total I have paid them £600 in charges alone over 4 months.

Any advice would be very much appreciated.

Rand.

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