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      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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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Bookworm v Halifax - RESULT at last!!!!

Bookworm

By Bookworm
in Halifax and IF successes

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BankFodder

BankFodder

Posted
Posted

.97 is only an example!!

you have to calculate your total claim. The calculate how much interest is making per day at 8% per year. It might be.27 pence

it might be .33 pence.

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  • 2 weeks later...
richardc

richardc

Posted
Posted

Bookworm, anger really is a very negative emotion. Replace it with the will to win:rolleyes:

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Bookworm

Bookworm

Posted
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It wasn't anger, it was cynical fatalism :)

 

 

Reply received this morning, they intend to defend in full.

 

Meanwhile, they have just bounced a d/d due to their mistake in the first place. Grrr...

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richardc

richardc

Posted
Posted
Moneyclaim online says "acknowledged"... B*stards buying themselves another 28 days :mad: .

 

28 days from date of service.

 

I'll bet they will cave in before you enter the Courtroom

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Spiceskull

Spiceskull

Posted
Posted

Hang in there girl - it's a further 28 days at 8% APR...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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Bookworm

Bookworm

Posted
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Thank you both. Yes, I know, it's just a bit disheartening that everybody else is getting their money, and some much bigger sums!!! *stamps foot* IT'S NOT FAIR!!!

 

Meanwhile, I'm skint, have a child burning with fever, and I want to cry. There. Not so tough after all.

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Spiceskull

Spiceskull

Posted
Posted

Here, borrow my shoulder for a few minutes if you really MUST cry...but I reckon you are made of tougher stuff, and you will save the tears until they are tears of joy...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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Bookworm

Bookworm

Posted
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More like tears of despair at this moment.

 

Have just returned from drs with sick child, DH informs me Halifac phoned with offer of settlement! They'll refund all charges bar one, says he-who-can't-get-a-word-in. What about court costs and interest? I don't know, says he, it wasn't mentioned.

 

So I call. This was customer services. Same offer. I said what about court costs and interest? What court costs, said he. I said I had issued court claim, which has been acknowledged, I assumed that's why he had called.

No, don't know anything about that, he said. There's no point in discussing further then, he said. We'll have to go through the courts now.

Well, that stumped me. I asked if he was really confident they would win if in court? Really? But he wouldn't get drawn to a comment. Sod.

 

So there we are, absolutely not 1 step further than yesterday. Oh well... It is quite scary that customer services was absolutely unaware that I'd already filed, and that the claim had been acknowledged!!!

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Che

Che

Posted
Posted
Thank you both. Yes, I know, it's just a bit disheartening that everybody else is getting their money, and some much bigger sums!!! *stamps foot* IT'S NOT FAIR!!!

 

Meanwhile, I'm skint, have a child burning with fever, and I want to cry. There. Not so tough after all.

 

I had a cry this moring whilst I was trying to get through to someone at the Halifax and I felt SOOOO much better after it, It also allowed me to be constructive whilst on the phone and take no crap from them and get a charge taken off!

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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gothicf0rm

gothicf0rm

Posted
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oh customer service did the same with me, they called up and asked me what my problem was and how i could help. the difference between me and bookworm is i went off at the person for being so badly informed they were unaware i was taking the bank to court. what has happened though is that customer service are not allowed to negotiate legal issues so they will pass it to their legal team who will then make you an offer. im pretty sure the halifax does have mechanisms to deal with this and refund customers, but what they dont have is something that works fast enough to deal with deadlines people set so they have to pay out additional legal fees.

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Spiceskull

Spiceskull

Posted
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but what they dont have is something that works fast enough to deal with deadlines people

Once they do get this in place, perhaps we should consider 7 day turnarounds...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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  • 2 weeks later...
Bookworm

Bookworm

Posted
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Woo-hoo!!!!!!

 

I finally got my 1st refund!!!!! manynanas.gif

 

Reason given: purely commercial basis, "it is unlikely that Halifax will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs are not generally awarded."

 

Now then. It also says "if you incur any future charges you wil receive 30 days notice and your account will be closed". Not "might", "will".

 

Interestingly enough, there HAVE been additional charges added since I issued my claim, and I was about to get on to that. I shall let you know the results, but first, I'm going to go read up the info about threats of closure I glanced through yesterday.

 

They have already refunded the money to my account, btw.

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Spiceskull

Spiceskull

Posted
Posted

No prizes for guessing who will be on the cherryade tonight - well done...!!!

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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Bookworm

Bookworm

Posted
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And a 2nd result straight away!

 

Phoned Customer Relations about added and pending charges. Every single penny is being refunded or charges in the pipeline waived. addconga.gif to me!

 

On a more serious note, I went on about the retaliatory action of closing account, and since I had incurred more charges, what were they going to do about that then?

The answer was that since the charges were incurred before I got the letter, it didn't count, so to speak, and if I incurred any more charges from now on, then they would give me 30 days' notice. Ooooh, I'm scared :D .

 

Right, I'm going to write to the OFT now, I think. I warned them I would, fair is fair. :D

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Spiceskull

Spiceskull

Posted
Posted
The answer was that since the charges were incurred before I got the letter, it didn't count, so to speak, and if I incurred any more charges from now on, then they would give me 30 days' notice. Ooooh, I'm scared

They really haven't got a chuffing clue, have they ?

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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Tinkerbelle

Tinkerbelle

Posted
Posted

hahahahahahaha Well done!!!

 

I'm so pleased for you! Reading this thread was like reading a mystery novel..you just didn't know what was going to happen next. It has also given me hope!

 

I'm waiting for some statements from the Halifax, and then I will be putting a claim in. I have estimated that they have taken approx £750.00 so far.

 

Once again, CONGRATULATIONS & WELL DONE!

 

 

p.s. Loving the dancing beans... hahaha

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Spiceskull

Spiceskull

Posted
Posted

Well BW, you're certainly stamping. Are they apologising yet?

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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HD

HD

Posted
Posted

Brilliant:D . When will they learn that these bully-boy tactics wont work? There are too many of us who can support each other to continue cowering under their threats.

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aisrael

aisrael

Posted
Posted

Excellent result Bookworm!!! Just in time for the easter hols. Enjoy it!

 

PS. where did you get those fab smilies

May 2006 - Halifax Account 1 - Settled in full :D

31 July 07 - Halifax Account 2 - MCoL Started :rolleyes:

Jan 07 - Capital One - Settled in full :D

April 07 - Barclaycard - Settled (partial) :D

August 07 - Lloyds TSB -

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jonni2bad

jonni2bad

Posted
Posted

Great result - this sort of news makes good reading for all of us in the early stages of our claims!!

 

Halifax here we come....

..

.

 

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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Natasha

Natasha

Posted
Posted

well done bookworm lets hope this is one of many refunds!!

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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