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

Stephanie v NatWest **I WON * I WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1882 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

As Neo asks, let us know if you have the Excel sheet.
Sorry, I meant to post to this thread - I have been helping Princess backstage with the spreadsheets...all ready to be printed out...I know nothing of the status for legal aid, so that advice is best left to others...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

  • Confused 1

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.

Link to post
Share on other sites

  • Replies 80
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Cool.
Sorry? I thought you said earlier that I wasn't cool. Had a change of heart then?:cool:

Brownie points to you.
What about rep points instead...rep is a much nicerererer colour...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

  • Haha 1

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.

Link to post
Share on other sites

Thanks...I needed that boost :D

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

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.

Link to post
Share on other sites

Stephanie - you all ready for Tuesday now? (ignore the hijackers around here...)

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

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.

Link to post
Share on other sites

For the 'value' part of the claim:

The Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £[penalty charges total] and the interest charged thereon of £[penalty interest total]

b) Court costs

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges from [claim start] to [claim raised in court] of £[Total Interest (8% APR)] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

 

If you are claiming in person, print a couple of copies (from the spreadsheets,) so that you can leave a set with your claim.

Regarding the particulars, take your pick from details here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=681

 

However, it is VITAL at this point that you familiarise yourself with the various acts and regulations that you are referring to. It is 99.99% certain that you won't need them, but always best to be prepared. Go through the stuff in the library and FAQs one more time, to get your argument clear in your head.

 

Good luck.

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

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.

Link to post
Share on other sites

This is what I put - but would suggest you check it over before copying it verbatim:

I have a contract with [bANK] dated [DATE], which is conducted on their standard terms and conditions. I am claiming a refund of money taken by [DATE] in the form of penalty charges over the last 6 years, plus the interest they have levied on those charges. The Bank's charges are a disproportionate penalty, and therefore unenforceable as they are contrary to common law. Further, as a

disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2 (1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges, but they have neglected to do so.The claimant claims interest under section 69 of

the County Courts Act 1984 at the rate of 8% a year from March 2000 to [CLAIM DATE] of £[AMOUNT] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

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.

Link to post
Share on other sites

Hi Stephanie,

 

Did you manage to fill in your claim form okay? If you haven't done it yet, then here is an extra bit of advice. When you go into the reception area of the court, ask the people there to help and advise you. I was there for an hour and I felt that they were the most helpful people I have met in years...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

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.

Link to post
Share on other sites

  • 2 weeks later...

Yes, they are trying scare tactics. However, what defence can they possibly have? You're probably a couple of weeks away from victory now - hang in there. :p

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

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.

Link to post
Share on other sites

Have you got a default entered on your credit file by the bank?

 

Some banks are saying that they refuse to remove it, even though it isn't there to start with. Another scare tactic designed to befuddle and confuse...

 

Check your file with Experian...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

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.

Link to post
Share on other sites

Did you manage to order a copy of your credit file...?

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

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.

Link to post
Share on other sites

  • 1 month later...

The problem lies in the bank's consideration of what you are claiming:

 

Their calculations, and therefore their sum, is for penalty charges only. Your figures are for penalty charges PLUS interest on those charges.

 

You contest that the charges are unlawful, and therefore should not have been applied. As such, the bank should not have been charging you interest on the money it should not have taken to start with...:)

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

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.

Link to post
Share on other sites

  • 2 weeks later...

My suggestion would be to write to the bank - they will have received the same letter. Let them know that you have considered their response to section a, and this indiates that they would like some more time to agree to settlement before proceeding to court.

 

Therefore you are willing to discuss settlement. You will accept the FULL amount you are claiming, PLUS the costs and the interest, and WITHOUT conditions. You would also like them to confirm a date by which the money will be credited, AND cleared, in your account. If you are both in agreement with this, then the court can be notified that settlement has been reached.

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

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.

Link to post
Share on other sites

Dhum dhum dhum, another one bites the dust. Great result - well done!

 

See the steps I took to get my bank charges back

Spiceskull v HSBC

Thank you Consumer Action Group

Read my blog

View a heated discussion about bank charges on the Times Educational Supplement bulletin boards

 

Collage001.gif

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.

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1882 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...