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    • https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126  
    • Quick update. I've now recieved a letter before action from them with a PAP form to return enclosed, still no credit agreement however. I assume just a case of following the PAP thread and returning form with no CCA as the reason?
    • Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
    • Hi everyone.   Before I say anything, TFL finally responded to the email I sent last week:   Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.   We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.   However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).   I am sorry that this decision is not more favourable.   Yours sincerely   James Vallis     At least he sounds more sympathetic in this email…   Only one week to go until the court hearing and I am so so nervous. I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect. If you could give feedback on it that would be great. If you have anything to add please do let me know.   As far as I know the court hearing will happen in these stages: Introduction and statement of facts Pleading guilty for the journeys I made with my mother’s card Penalty sentencing Appeal (if charged with a criminal record)   Am I guilty? Yes.   Why did I not pay the fare legally? Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.   Why do I not accept a criminal record? I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.
  • Our picks

    • 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.

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    • 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
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MarkF v Halifax ***WON***


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Hi all,

I sent my first letter to the Halifax back on the 5th July. Unfortunatly I only came accross this site the next day!

Any way, The letter came from the heart and was genuine request for the Halifax to show Heart.

Did they? What do you think! The letter is below. Please pay special attention to the terms ‘legally binding’ :eek: and ‘no error on the part of the Halifax’. :eek:

Thank you for your letter regarding charges incurred on your above numbered account.

I regret to advise you that, having fully considered you request, we are unable to make a refund of the charges applied to your bank account.

I advise that under the terms and conditions of the account, Halifax can levy charges when there are insufficient funds in the account to cover items, which are presented for payment.

We trust that customers understand these Terms and Conditions when entering into this legally binding contract with us. Unfortunately, I am unable to refund any charges on this occasion, as there has been no error on the part of the Halifax.

If you need any more information, please contact our Customer Services Team on the above number quoting your roll number.

I have my statements, and they owe me £936.

Now, where is that Request for repayment of charges letter ;)

Will keep you posted:rolleyes:

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Your right I did laugh...

Still you'll get the last laugh.:D

All the best with your claim.

Sent Data Protection Act to Halifax 13.6.06

Daughters Data Protection Act sent to NatWest 5.6.06

Natwest sent statements on 24.6.06 Daughter owed £204.00 Preliminary ready to go.

Halifax sent my statements today(26.6.06) Owe me £1702.00

Preliminary sent on 27. 6.06.

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tee hee hee.. made me laugh too..

infact it does everytime I look at my statements now.. account in a bit of a mess due to charges.. trying to keep in in the clear, but makes me smile to know I can claim it back. Just plaing the waiting game at the moment. want my charges paid back and my account closed.

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Do you think at some point the banks will find away around paying people back what they owe? Knowing how tight they are it can't be long...

 

The banks like to think they are above the law, but there is no way they are able to change the law. Therefore there is no way around paying people back.

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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  • 1 month later...

Hi All,

 

Just wondering if anyone else has had problems with getting their statements from the Halifax?

 

I sent my letter and £10 off on the 10th of July. I received a letter at the end of July telling me they had been ordered, but even by mid August had not received them.:mad:

 

I phoned them up a week ago and they said they will send them again but they have still not arrived.

 

Mind you, it took 3 phone calls to get them to send a Mortgage holday payment form. It is the second time I have sent one off. The first time they refused me because the reason I put down was not good enough.

"Finances tight due to second child":confused:

 

The woman on the phone was really cheeky. She said that they only give breaks for unplanned circumstances!

 

She said if I had put down, my boiler had broken down or we found a last minute holiday that we wanted to go on that would be ok...:lol:

 

Her words were "You planned to have children":o

 

Cheeky b**ch

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Markf - I have been waiting for the correct set of statements which i requested at the end of May!!

Hence my thread here:

http://www.consumeractiongroup.co.uk/forum/halifax-bank/27423-help-please-ive-fallen.html

Eventually I called a number that was suggested in a reply on my thread.

It advised to ask for Tim Boothroyd, I called and spoke to Nicola Inett.

I see you have been advised to ask for Mark Kellett.

Theres 3 different names but they all have one thing in common - The same telephone number (01422 332991)

I am still a long way off drawing my "quest" to a conclusion, but this number definately seems to be the right way to go regarding getting your statements. :)

Good luck m8 and keep us posted :)

 

TD

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Thanks to you both. Will keep you posted:)

 

turbodiesel - Keep going.

 

I have received my statements from the Natwest today (second time of asking) and what a great feeling it is:D

 

Best hourly rate I have ever had. Took me about one hour to check through them and they owe me £712:D

 

£712 per hour....NICE

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  • 1 month later...

Good evening,

 

I sent my 'Request for repayment of charges' letter off to the Halifax of the 24th of Sept and on the 9th received an offer of £658:eek: . As they owe me just over £1700 I am going to rufuse the offer:) .

 

What should I do now?

Do I send them a refusel letter with the LBA?. I noticed that the Refusel letter in the templates mention the LBA but I have not sent them one yet...

 

 

Thanks

 

Mark

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  • 3 weeks later...

Hi all,

 

Hope you are all well.:)

 

I am at the point now where I am going to take the Halifax and Natwest to court. The Natwest basically have told me to get lost but I did do a little better with the Halifax. They offered £658 out of the £1700 they owe me so i refused the offer.:cool:

 

My questions are...

 

1) Has anyone gone to court and lost that you know of?

2) I have had further charges since my letters. Can I add this on to my claim going through court? Or do I have to start the process again for the extra?

3) For the Halifax address on money claim online, I am going to put down the customer relations address. Has any one else got to this stage and what address did you put down? I want to make sure it's right.

 

I must say I am nervous now :eek:

 

Thanks for your help.

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1) Has anyone gone to court and lost that you know of?

 

Henry v NatWest. Not one of our users, may I add, and was ill-prepared, employed a barrister who was by all account not very motivated, and Natwest used a defence so ludicrous they have never tried it again, and have paid up ever since.

 

2) I have had further charges since my letters. Can I add this on to my claim going through court? Or do I have to start the process again for the extra?

If you haven't issued your court claim yet, you can add on the additional charges. Once you have issued your court claim, any new charges will have to become the subject of a new claim, unless you can negotiate for them to be refunded at full and final settlement. Sometimes, they'll do that, sometimes, they don't. For me, Halifax did, Barclays didn't.

 

3) For the Halifax address on money claim online, I am going to put down the customer relations address. Has any one else got to this stage and what address did you put down? I want to make sure it's right.

I used my branch address from start to finish. They soon pass it on to their legal dept anyway. Send it to wherever your 2 first letters went.

 

I must say I am nervous now

Why? Because you're going to get £1700 back? DOn't worry, if Halifax stick to their regular timetable, you should have your money, let me think....Say you file by 6th, they have 14 days to acknowledge with intend to defend, then pay, so if all goes well, you should have your money by beginning of December, I reckon.

 

 

PS: Merged 4 threads, please keep all updates and queries on 1 thread per claim, it makes things easier to follow for all.

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to amend when you have launched a claim

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

put down registered addy, you will find link in my signature

 

 

there is a sucess forum , but no unsuccesful forum

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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December would be great! No financial pressure during this time of year is always good!

 

It is just the Particulars that I need to get right...

 

Will keep you all posted

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Hi all,

 

Could someone cast their eyes over my Particulars:D . No seriously. This is what I am going to put down in the particulars for my online claim to the Halifax. I am not claiming interest so I have omitted that part.

 

As I have already sent the schedule of charged twice. Do I need to send them again? If not I will remove that bit.

 

Just want to make sure I have not missed anything before I do the deed.:-)

 

1. The Claimant has account (removed) with

the Defendant, opened 12/10/2003 2. Since

08/03/2004 the Defendant debited charges in

respect of purported breaches of contract.

3. Defendant is aware of all details as a

list of charges has been supplied twice,

24/09/2006 and 16/10/2006. Another copy will

be sent. 4. Claimant contends: (a) The

charges exceed the Defendant's losses caused

by the breaches; (b) The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair

Contract Terms Act 1977 and at Common Law.

5. Claimant claims: return of the amounts

debited of £1,766;6. Alternatively, if the

charges are a fee for a service, then they

must be reasonable under S.15 of the Supply

of Goods and Services Act 1982. 7. Costs

allowed by the Court.

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I am not claiming interest so I have omitted that part.

 

Why ever not? It's money there for the asking

 

As I have already sent the schedule of charged twice. Do I need to send them again? If not I will remove that bit.

 

Yes see below

 

 

Poc's are fine.

 

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours Faithfully

 

 

When you receive the Notice of Acknowledgement send a copy to the bank’s solicitors.

  • Haha 1
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Well on £1700 the 8% interest could be £300-400, surely worth the effort.

 

Use the Simple s/s here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

All you do is overwrite the existing example type of charge, amount and date.

 

The days since and 8% are calculated automatically

 

Try it, you've got nothing to lose.

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:o 300-400

 

When you put it like that, then yes, I suppose it is!

 

Is it not too late? I did not mention the interest in any of my letters?

 

I will give it a go.

 

Thanks

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