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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
      • 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

Kier1986 v Halifax - SETTLED IN FULL


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Ok I'm willing to go as far as I can possibly go to get my money back from the charges made by Halifax...but what if they start blaming everything on me...I'm doubting myself! :confused:

 

I mean I only have a £100 overdraft and I've paid in excess of £300 to try and clear it but it just seems that their charges are making me go over my overdraft...I'm now £135 overdrawn with £28 coming out at the end of May and further charges at the end of April!!

 

I've asked if it's possible to freeze the account so that I can only pay into it but they said no...any suggestions or should I just let them conintue charging me and claim EVERYTHING back? I Don't think I could afford many payments to courts and wahtever...I only get paid £75 a week! :(

AMOUNT CLAIMING £479.03p

 

2nd May- Prelim letter sent

12th May - No Reply

18th May - LBA sent

24th May - Letter received telling me the situation is now "serious"

6th June - Arranged a payment plan of £30 per month AND filed my claim - 12 days remaining.

8th June - Offer made of £137.00p

15th June - Acknowledgment of service with intention of defending :O

21st June - complete refund offered and accepted

 

Thank you and Good Night!

 

“There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.” -Elie Wiesel

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Hi - Welcome aboard...!

 

You've made the first step by registering here. You'll get more help and support than you might imagine, since we are all pretty much in the same boat.

 

The most important thing you need to do right now is to have a really good, detailed look at the FAQ section - this will hopefully answer all your questions and give you a great insight into the process that you will be undertaking - to get YOUR money back.

 

Don't be scared of the banks, follow the proceedure shown and you will soon be controlling them!

 

Once you have spent time looking through there, come back if you still have any queries that need resolving.

 

Good luck

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..

.

 

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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ok I read the FAQ and I have one question which I don't think was covered...I'm -£135 so I'm over my overdraught and I'm just going to continue to get charges...is it worth paying it off before I start my claim or letting the crages mount up and thus their repayment to me increase? :confused:

AMOUNT CLAIMING £479.03p

 

2nd May- Prelim letter sent

12th May - No Reply

18th May - LBA sent

24th May - Letter received telling me the situation is now "serious"

6th June - Arranged a payment plan of £30 per month AND filed my claim - 12 days remaining.

8th June - Offer made of £137.00p

15th June - Acknowledgment of service with intention of defending :O

21st June - complete refund offered and accepted

 

Thank you and Good Night!

 

“There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.” -Elie Wiesel

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Guest Lueeze

its up to you.

 

If it were me id open another bank account and start from scratch again...and leave the other bank account as it is at the mo...

 

Claim the other bank charges (and any due to be added soon) that way it will pay off the overdraft and you can shut the account and withdraw the remaining once the reimburse you.

 

Dont worry if you follow the rules you WILL get your Money back!

 

Good Luck

 

Lou x

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Thanks. I have a brand spanking new account with HSBC, it only allows me to put money in and take it out...not debit card or anything! I also have an account with Yorkshire Bank which is full of money I don't want to touch and a Young Person's Account with Barclays which was -£6.65 despite not having an overdraft...I just abandoned that one years ago...I dread to think what its like now! :O

AMOUNT CLAIMING £479.03p

 

2nd May- Prelim letter sent

12th May - No Reply

18th May - LBA sent

24th May - Letter received telling me the situation is now "serious"

6th June - Arranged a payment plan of £30 per month AND filed my claim - 12 days remaining.

8th June - Offer made of £137.00p

15th June - Acknowledgment of service with intention of defending :O

21st June - complete refund offered and accepted

 

Thank you and Good Night!

 

“There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.” -Elie Wiesel

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Guest Lueeze

Can you use the HSBC one? Or do you need the facilities on the other one?

 

If it were me i wouldnt pay it if i couldnt afford it...but it will incur charges that way which means you will have to keep adding on those till you claim.

 

Its your descision,

 

Good Luck!

 

Lou

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It's ok...I've got money going in from eBay haha so at least it looks like I'll have money in my account even if it doesn end up being taken away by them!

AMOUNT CLAIMING £479.03p

 

2nd May- Prelim letter sent

12th May - No Reply

18th May - LBA sent

24th May - Letter received telling me the situation is now "serious"

6th June - Arranged a payment plan of £30 per month AND filed my claim - 12 days remaining.

8th June - Offer made of £137.00p

15th June - Acknowledgment of service with intention of defending :O

21st June - complete refund offered and accepted

 

Thank you and Good Night!

 

“There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.” -Elie Wiesel

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here's a copy of the letter that I was sent regarding my DPA letter... :confused:

 

http://www.badongo.com/pic/159116

 

"With regards to your request for information relating to manual intervention on your account, HBOS plc is under no statory obligation to record this information and therefore, I am unable to assist you further wth your request" plus I am a mistress bitch to Halicrap... ok I added that lil bit in but you know its true!

 

So what does it all mean?? :confused:

AMOUNT CLAIMING £479.03p

 

2nd May- Prelim letter sent

12th May - No Reply

18th May - LBA sent

24th May - Letter received telling me the situation is now "serious"

6th June - Arranged a payment plan of £30 per month AND filed my claim - 12 days remaining.

8th June - Offer made of £137.00p

15th June - Acknowledgment of service with intention of defending :O

21st June - complete refund offered and accepted

 

Thank you and Good Night!

 

“There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.” -Elie Wiesel

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Hello, sorry to hear your having so much trouble. If I were you I would take the DPA you sent and the letter of responce you got and take em both to the bank manager of your local halifax and demand the information. be sent and for the inconvenience caused (for free).

 

They can take 40 days and in some cases they make the most of it... But you dont want em plain blank refusing. Chancses are you got some script reading muppett open your letter and send you thr wrong Default letter cos they didn't understand the wording on the DPA.

 

What I would do, is either call em explaining what you want and why or take the fight to the mans doorstep.

 

Hope this helps.8)

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I've had a similar letter from the Halifax, they are not refusing to supply your statements or a list of charges all they are refusing to do is to supply information regarding manual intervention, (probably because there is none!)

 

You will probably get another letter admitting to no manual intervention (I did), if it does get to court it will show you have given them every opportunity to justify their charges.

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Right I sent my DPA request letter and 10days later I recieved only my bank staements...is that all that I need, I also received a letter telling me that they are not under any obligation to make notes on manual intervention. So I have my prelim letter and have gone through my statements and found that in charges they have taken £288 in 5months of being with them and as for the interest that was only £1.49. I have put that I am requesting the amount calculated to the date of 29th April 2006 but what about the other charges that they're applying after the letter has been sent? Will I have to carry on claiming until they stop or what?! I'm sending my prelim letter on Tuesday recorded and business class, should I send it to the branch and let them send it to the head offic thus using up their 14 days whilst the fanny about delivering it, or just send it straight to the head office?

 

heeeelp! :confused:

AMOUNT CLAIMING £479.03p

 

2nd May- Prelim letter sent

12th May - No Reply

18th May - LBA sent

24th May - Letter received telling me the situation is now "serious"

6th June - Arranged a payment plan of £30 per month AND filed my claim - 12 days remaining.

8th June - Offer made of £137.00p

15th June - Acknowledgment of service with intention of defending :O

21st June - complete refund offered and accepted

 

Thank you and Good Night!

 

“There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.” -Elie Wiesel

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Send your letter to Head Office, it's faster. If it gets to the point where you file a claim with the court, the settlement will include any charges up to that date. If they continue to charge you just ring them up and say that you will go through the whole process again if they don;t reimburse you. From reading other threads that seems to work.

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Indeed.

 

You can also increase your claim at each stage along the way, right up to court.

  • Confused 1

..

.

 

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 sent my prelim letter today so in 14days I will hear something hopefully, sent it recorded and everything! :D

AMOUNT CLAIMING £479.03p

 

2nd May- Prelim letter sent

12th May - No Reply

18th May - LBA sent

24th May - Letter received telling me the situation is now "serious"

6th June - Arranged a payment plan of £30 per month AND filed my claim - 12 days remaining.

8th June - Offer made of £137.00p

15th June - Acknowledgment of service with intention of defending :O

21st June - complete refund offered and accepted

 

Thank you and Good Night!

 

“There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.” -Elie Wiesel

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  • 4 weeks later...

I sent my LBA on 18th and got a reply dated 24th saying:

 

"Your account is overlimit by £107.18 without our authority and the situation is now serious.

 

You need to pay this amount and the value of any recently written cheques or card transactions made.

 

If you do not make the payment or contact us with proposas immediately on the above helpline number, we may be forced to recover any cheque book(s) and cards you may hold.

 

Matthew Ball

Senior Collections Manager "

 

Few things spring to mind the first being that it wasn't a "serious situation" when I was £300 overdrawn! Also, is it just a coincidence that they've sent this after recieving my LBA? Do I have to wait out the fourteen days or can I file my court claim now? They're begining to get right on my tits! :-x

AMOUNT CLAIMING £479.03p

 

2nd May- Prelim letter sent

12th May - No Reply

18th May - LBA sent

24th May - Letter received telling me the situation is now "serious"

6th June - Arranged a payment plan of £30 per month AND filed my claim - 12 days remaining.

8th June - Offer made of £137.00p

15th June - Acknowledgment of service with intention of defending :O

21st June - complete refund offered and accepted

 

Thank you and Good Night!

 

“There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.” -Elie Wiesel

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Have you opened your parachute account?

 

If not do so immediately cos it sounds like they're gonna get awkward. Write to them telling them the amount is in dispute, unless they write to you telling you they arent gonna pay up then unfortunately you do have to wait the 14 days.

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Someone suggested I pay it off then claim it back, but I can't afford to yet. If I don't am I liable to get in serious trouble? I've had letters like this in the past from them saying that I would be taken to court if I failed to pay up!

AMOUNT CLAIMING £479.03p

 

2nd May- Prelim letter sent

12th May - No Reply

18th May - LBA sent

24th May - Letter received telling me the situation is now "serious"

6th June - Arranged a payment plan of £30 per month AND filed my claim - 12 days remaining.

8th June - Offer made of £137.00p

15th June - Acknowledgment of service with intention of defending :O

21st June - complete refund offered and accepted

 

Thank you and Good Night!

 

“There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.” -Elie Wiesel

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I havent paid my overdraft off, I'll pay it off when they refund my charges!

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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If you are concerned, just write a quick letter stating that the sum owed is in dispute and you are currently in the process of verifying the debt with the bank.

..

.

 

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 havent paid my overdraft off, I'll pay it off when they refund my charges!

 

Yes i am very much in the same situation, i too will pay mine off when they repay me, plus i will have funds left over whoopie.!!!!!!!!

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The letter from Matthew Ball is probably retaliatory and it shows how bereft they are of strategy and intelligent response.

 

Get ready do is to your money claim. The time is nearly up. Have you been defaulted on any money yet? Beware that if they insist that you repay the £107 overdraft and you are unable to then this will probably be their next step. Of course as they appear to oh you considerably more in charges, they default would also be unlawful. If it looks as if it is going to go that way then post it on this thread and also contact me if you want to begin some serious action to counter them. There are means available that you have to be prepared to get a little more heavily involved in the litigation process. It is not risky.

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I was wondering...if I won my case in small claims would I have to pay back the amount outstanding on my account? Cos its now -£230 odd! I only have an overdraught of £100, someone said that is all I'd have to pay back but I'm not sure!

AMOUNT CLAIMING £479.03p

 

2nd May- Prelim letter sent

12th May - No Reply

18th May - LBA sent

24th May - Letter received telling me the situation is now "serious"

6th June - Arranged a payment plan of £30 per month AND filed my claim - 12 days remaining.

8th June - Offer made of £137.00p

15th June - Acknowledgment of service with intention of defending :O

21st June - complete refund offered and accepted

 

Thank you and Good Night!

 

“There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.” -Elie Wiesel

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The bank would usually make payment directly into your account, so it would automatically clear off what you owe them. As a condition of making a payment they may also take away your overdraft.

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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MODERATED all Halifax threads merged .Please keep to your original thread when updating or asking questions as this is for your benefit and the benefit of everyone following your claim.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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i have just received this letter from Halifax and it has completely put me off claiming and all i wanna do is pay off the account...unless its a load of crap! there's two parts to it just follow the links to them and please help me! Shoul I go to a solicitor?

 

first letter

 

http://img19.imageshack.us/img19/9425/bankletter3eg.jpg

 

second letter

 

http://img119.imageshack.us/img119/2493/bankletter0016xc.jpg

 

:sad:

AMOUNT CLAIMING £479.03p

 

2nd May- Prelim letter sent

12th May - No Reply

18th May - LBA sent

24th May - Letter received telling me the situation is now "serious"

6th June - Arranged a payment plan of £30 per month AND filed my claim - 12 days remaining.

8th June - Offer made of £137.00p

15th June - Acknowledgment of service with intention of defending :O

21st June - complete refund offered and accepted

 

Thank you and Good Night!

 

“There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.” -Elie Wiesel

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Please

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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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