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    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • Hi again all, below is another email they sent me, I just don't want to get in trouble or things to get worse with this crowd but I am taking your advice here. Anyway advice would be appreciated.   I am contacting you again after having tried to contact you both by email on 03/04/2024 and 10/04/2024, and by telephone on 10/04/2024 and 17/04/2024 to discuss the matter in relation to the regularization of the SOLIDWORKS case against xxx our company.   This is an urgent legal matter. Please contact me at your earliest convenience - +44 2921 920 296.    If we do not recieve a response before 24/04/2024, we will assume that you are not willing to settle this dispute amicably. The case will then be referred back to our client with whom, ultimately, the final decision lies on the enforcement of their intellectual property rights.    Yours sincerel y, Rhys
    • If you do get a letter of Claim and or Pre Action Protocol pack 15. Where there has been non-compliance with a pre-action protocol or this Practice Direction, the court may order that (a) the parties are relieved of the obligation to comply or further comply with the pre-action protocol or this Practice Direction; (b) the proceedings are stayed while particular steps are taken to comply with the pre-action protocol or this Practice Direction; (c) sanctions are to be applied. 16. The court will consider the effect of any non-compliance when deciding whether to impose any sanctions which may include— (a) an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties; (b) an order that the party at fault pay those costs on an indemnity basis; (c) if the party at fault is a claimant who has been awarded a sum of money, an order depriving that party of interest on that sum for a specified period, and/or awarding interest at a lower rate than would otherwise have been awarded; (d) if the party at fault is a defendant, and the claimant has been awarded a sum of money, an order awarding interest on that sum for a specified period at a higher rate, (not exceeding 10% above base rate), than the rate which would otherwise have been awarded. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct   .
  • 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
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Drewster v Halifax ***WON***


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Hi All

 

1st post here, although been reading through loads over the last few weeks. What a great site this is.

 

I asked for my 6 yrs of statements mid December and recieved 23 letters through the post yesterday. I've gone through all the charges and was amazed to find £3,422 worth.

 

I've sent my 1st letter recorded delivery with a print out of charges today to my local branch, they've got 2 weeks to reply as I understand, then its the LBA letter.

 

I'll sit and wait, to see what they come up with.

 

Cheers

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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Hi All

 

1st post here, although been reading through loads over the last few weeks. What a great site this is.

 

I asked for my 6 yrs of statements mid December and recieved 23 letters through the post yesterday. I've gone through all the charges and was amazed to find £3,422 worth.

 

I've sent my 1st letter recorded delivery with a print out of charges today to my local branch, they've got 2 weeks to reply as I understand, then its the LBA letter.

 

I'll sit and wait, to see what they come up with.

 

Cheers

Drew

 

Hopefully a full offer ;) Keep us informed.

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Well that was quick. I've received a letter today from them saying they have passed my letter onto customer relations, who will be in touch.

 

Does anyone one know if customer relations will actually contact me?

 

Regards

 

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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they do eventually by letter acknowledging your 'concerns with the charges' yeah too right we are!

 

just keep to your timetable. it seems, after reading some of the other threads, that the Halifax are beginning to offer full refunds instead of stretching it out to the court stages............no harm in calling before you do the MCOL bit............see my thread for number or Hillards thread....

 

good luck

S.A.R - (Subject Access Request) sent 1.10.06 (chq cashed 6.10.06)

Acknowledgement recvd. 9.11.06...(1 day before 40 day limit)

prelim sent 13.11.06. (rcv.14.1.06)

ack.rcvd. 24.11.06

LBA letter sent 29.11.06

settlement offer 11.12.06 declined 13.12.06

called Halifax 0121-234-1068 3.1.07 ..........settlement letter for full amount of £1474 on its way ! won't be happy till money in my acct!

recvd settlement letter for the £1474. signed and returned. 5.1.07

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  • 2 weeks later...

Hi Folks

 

Just double checking before I send my LBA off tomorrow. Is it the name of my local courthouse i put on the letter?

 

Not heard a peep from the Halifax, since that initial letter, so off the LBA goes in the morning.

 

Thanks all

 

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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just a little bump before bedtime :D

 

I'm sending it tomorrow morning. So if anyone can confirm it's your local courthouse you put on the LBA that'd be great.

 

Night :)

 

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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just a little bump before bedtime :D

 

I'm sending it tomorrow morning. So if anyone can confirm it's your local courthouse you put on the LBA that'd be great.

 

Night :)

 

Drew

Also confused - what procedures are you following that involve the court at this stage ?

 

Suggest reading a lot more, the FAQ's (http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/) , http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html, other threads - you're obviously going wrong somewhere?

 

The LBA can be found here:- http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Thanks for the replies - I was using the LBA from Martin's MSE site, I'll use the template on this site instead.

 

Cheers

 

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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LBA posted recorded delivery this morning - I'll wait and see what i get from the Halifax over the next fortnight.

 

Thanks

 

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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Hi All

 

Just a quick question : Up till now on both the prelim and the LBA letters i've sent, I've only listed charges for unauthorsied OD, unpaid DD's etc.

 

Is it possible to claim for the interest caused by going overdrawn, these charges usually are around £5 or so each month.

 

If it is possible to claim for these charges, am I to late? Or can I add them on to the mcol, which I file early next week?

 

Thanks for all the help so far.

 

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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I'd really appreciate it if someone in the know could answer my quesstion above, Id like to get my ammended claim ready before the weekend if it's possible.

 

Many Thanks

 

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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I noticed on the mcol template - it states the month/year your account was opened - is it vital to put that info, i don't no when i opened my account.

 

Cheers

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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just a quick question : Up till now on both the prelim and the LBA letters i've sent, I've only listed charges for unauthorsied OD, unpaid DD's etc.

 

Is it possible to claim for the interest caused by going overdrawn, these charges usually are around £5 or so each month.

 

If it is possible to claim for these charges, am I to late? Or can I add them on to the mcol, which I file early next week?

 

Thanks for all the help so far.

 

Drew

 

I've just totted the amount up for overdraft interest alone, and it's almost £500, can someone pleeeeeeeeze let me know if i can add this on to my claim, I've not mentioned it on prelim or LBA and i file MCOL on Thursday.

Just a quick yes or no would be most welcome.

 

Thanks

 

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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This is just my opinion.

 

I claimed for interest accrued by them taking charges out and making me overdrawn. And they paid me!

 

I would amend your schedule of charges to reflect this and then send a letter to Trinity Road today saying, further to my LBA I will file on Thurs the enclosed schedule blah blah.

 

I don't think it matters too much that you haven't mentioned it before because when we file on MCOL we add on for the first time the interest that the spreadsheets work out!

 

A D

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

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Much appreciated mate - I'll do just that.

 

Thanks Again

 

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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Thanks for the confirmation biffa - I received a goodwill gesture letter from halifax today for just over £2000. I've just sent the Rejection of settlement letter back to them, along with a copy of the revised charges.

 

Cheers

 

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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Hi Drewster, could you tell me what address have been sending the offers etc so I can make sure mine gets direct to the correct dept please?

Many Thanks

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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I think it's dependent on where u live in the UK - I'm in the North West, so my offer came from Leeds, so i sent my ROS back to the Customer Relations dept in Leeds.

 

Where u from? I'm sure someone here can point u to the correct regional location. If not, sending letter to the Head office at Trinity Road will always end up at the correct place, although it may take a little longer to get there.

 

Regards

 

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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Hi Guys

 

I'm just filling the MCOL in, ready to submit tomorrow morning. It's a bit of a daft question, but just want to make sure it's right before hand.

 

Where it's asks for "Amount Claimed", I'm assuming I put the whole total, ie including the interest. Is that right?

 

Thanks

 

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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thanks mate - all sorted - ready for submittal 1st thing in the morning...:D

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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I noticed it says "I will send another copy of the charges to halifax", on the mcol template, have people been doing this as a rule? Will the court need a copy also? If so do you include the 8% interest figures?

 

Regards

 

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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Well mcol was issued to halifax this morning - i just hope they are a bit too busy over the next 14 days to notice i've served them :D

 

Cheers

 

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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