Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
  • Recommended Topics

  • 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
      • 160 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
  • Recommended Topics

Karen v Halifax


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6259 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

Hi I am new to the site and am just about to start my action with the Halifax. Today was the final straw, I transfered over money during the Christmas period to cover my 1st of the month direct debits - my own fault really but due to the bank holidays the money did not credit until the 2 January and lo and behold today I have been charged for 3 failed direct debits totalling £117.00 plus 95pence interest so far.

 

So wish me luck, the first letter before action is going into the post today with the £10 fee.

 

Can anyone tell me whether this action can be taken regarding mortgage charges also.

 

Thanks

 

Karen

Link to post
Share on other sites

Hi Karen welcome to the site.

Read up to prepare yourself you will find all the answers tools and advice to assist you.

As regards your question the answer is yes.

Have a look at the threads in the Other institutions folders.;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Thanks Martin

 

I have already made an error - probably going too fast for myself. I already have all of the bank statements for the last six years and know exactly what I have been charged over the period do I go straight to step 2 and send the preliminary approach for repayment rather than having to send the Data Protection Act request?

 

Karen

Link to post
Share on other sites

  • 2 weeks later...

Hi I sent my preliminary letter to the Halifax on the 5 January and last Friday received a reply from them stating that they received my letter on the 9 January and that they are sorry to learn that I am unhappy wiht the charges applied to my account - of course I am!!!!

 

They have put that a Customer Relation Manager will investigate the points raised in my letter and reply to me by no later than 4 weeks - do I keep to my timetable and send the Letter Before Action on Friday or do I wait for a reply from their Customer Relations Manager?

 

Thanks

Link to post
Share on other sites

Hi I sent my preliminary letter to the Halifax on the 5 January and last Friday received a reply from them stating that they received my letter on the 9 January and that they are sorry to learn that I am unhappy wiht the charges applied to my account - of course I am!!!!

 

They have put that a Customer Relation Manager will investigate the points raised in my letter and reply to me by no later than 4 weeks - do I keep to my timetable and send the Letter Before Action on Friday or do I wait for a reply from their Customer Relations Manager?

 

Thanks

Link to post
Share on other sites

Keep to your timetable! They will write again after the four weeks telling you that they want another 4 weeks. My LBA deadline was sat and this morning I recieved a letter requesting another 4 weeks, yeah right, I was straight on MCOL!!! ha ha, they will try to stall you every step of the way, get the big guns out!!

Link to post
Share on other sites

Hi Karen,

You keep to your timetable and post your LBA on friday, which I'm presuming will be 14 days from your prelim letter? If you wait for one of their team to contact you, then you are loosening the reigns and giving them some power over YOUR case, besides, it may be months before you hear. In the meantime research the next step which will probably be turning down their part offer and then getting prepared for court.

Good luck!

Karen :oops:

 

05/01/07 S.A.R - (Subject Access Request) posted

07/03/07 Offer made of £457. Rejected. Offer remade of £651, accepted.

26/03/07 PAID IN FULL

 

Your Site Needs You!

and we need this site!

 

Please don't forget to make a donation!

Link to post
Share on other sites

Hi Karen.

 

This is the typical response, designed to delay you or intimidate you.

Stick firmly to your own timetable.

You're driving this bus and you set the timetable, not the bank.

 

Good luck.

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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

LOOK! Free CAG Toolbar.

Follow link for more information.

 

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

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

Thanks everyone, Friday is 14 days since I posted the preliminary letter, my LBA is wrote and ready for printing to go.

 

Would just like to say how good this site is over the last eight years since my partner left me in horrendous debt I have struggled working 12 hr days and never seeing any reward due to the charges by Halifax, TSB and 5 credit cards. My total charges from the Halifax are £2204.00 and I was going to see how that goes before starting with the rest but after reading how everyone else has done I may start the others at the same time.

 

Incidently what is the process for mortgages? The Halifax again!! have charged me extortionate amounts over the same period most weeks I had a £25.00 late payment charge and nearly had my house repossessed, I managed a few months ago to re-mortgage with another company so I thought if I could try that one too it would help me out so much. Any advice would be appreciated.

Link to post
Share on other sites

Your claim for charges sounds quite straightforward, therefore if it were me then I would begin to tackle them all now and get them over and done with for the summer. As you know the more you read and learn,the more straightforward it all becomes, so I see no reason why you shouldn't tackle them all simultaneously. However, you will have to be very organised and have a bit more time on your hands (or later nights) as you've got to make sure you don't get any of the accounts muddled up. Keep seperate files for them all and try to prepare as much in advance as possible. Good Luck Karen :)

Karen :oops:

 

05/01/07 S.A.R - (Subject Access Request) posted

07/03/07 Offer made of £457. Rejected. Offer remade of £651, accepted.

26/03/07 PAID IN FULL

 

Your Site Needs You!

and we need this site!

 

Please don't forget to make a donation!

Link to post
Share on other sites

Keep to your time table Karen. The letter you have received is a standard first letter.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

As a heads up on Halifax, I had exactly the same letter first time round. Stick to your 14 day deadline. They then offered me 75% of my original claim in their next letter. Bit of a turn around. I filed with MCOl anyway and they have until today to acknowledge my MCOL claim. I can't wait to get cracking! They will cave so stick with it!

Link to post
Share on other sites

Hi, I am new to this also.

 

It seems I am at a simlular stage as you, I received the same letter explaining someone from the customer relations dept will investigate and get back to me within 4 weeks. That 4 weeks is up today and I have not received anything, I have just sent a LBA and pointed out my disappointment in them for not fulfilling their promise.

 

I will keep you posted to my progress

 

Pat:-)

Link to post
Share on other sites

Hi, I am new to this also.

 

It seems I am at a simlular stage as you, I received the same letter explaining someone from the customer relations dept will investigate and get back to me within 4 weeks. That 4 weeks is up today and I have not received anything, I have just sent a LBA and pointed out my disappointment in them for not fulfilling their promise.

 

I will keep you posted to my progress

 

Pat:-)

 

 

Ok please start your own thread, also it is your timetable and not the banks do not let them fobb you off. Send the LBA then if they dont reply file your claim.

Link to post
Share on other sites

  • 2 weeks later...

Hi everyone. I sent my LBA on Friday recorded delivery and this morning received a letter from the Halifax dated 23 January so I presume it is in response to my LBA explaining their point of view regarding charges but as a gesture of goodwill they are offering me a refund of £1283.00 in respect of my charges (the total I am claiming from them is £2204.00). Reading through people's postings am I correct in thinking that I should reply to this letter stating that I will accept this amount in partial settlement? The write has said if I am not happy with the offer would I telephone them to discuss it further - would you telephone or go to the next stage. Incidently is there a template for the partial settlement acceptance letter?

 

Thanks

Link to post
Share on other sites

Yes there is a template that you can use.

Remember that you are doing this your way, so by all means send the acceptance of partial offer but stick to your 28 days (Prelim + LBA), they will probably not pay out what they offered you anyway when you refuse it as final offer. Therefore unless the full amount has been offered before the 28 days is up, then you must proceed to the next step which is court action.

Karen :oops:

 

05/01/07 S.A.R - (Subject Access Request) posted

07/03/07 Offer made of £457. Rejected. Offer remade of £651, accepted.

26/03/07 PAID IN FULL

 

Your Site Needs You!

and we need this site!

 

Please don't forget to make a donation!

Link to post
Share on other sites

Hi everyone, just an update really I have telephone the writer of the offer letter today and as I need the money, due to the fact that I am on jobseekers allowance and am struggling I have accepted a goodwill gesture from the Halifax of £1800.00 against the charges of £2204.00, he asked me to tell him a figure I would accept and to be honest I was expecting him to negotiate but I said £1800.00 and he accepted that straightaway I wish I had gone a little bit further now to around £2000.00 but I didn't think it would be so easy. He told me that a revised offer would be sent out in the post on Tuesday and the money will be put into my account 7-10 days after I have sent back the acceptance.

 

Yesterday I sent my SAR in relation to my mortgage with the Halifax and this one I will take the whole way as I worked out roughly that they took around £2800.00 and with the £1800.00 that they are giving me back that will keep me afloat for long enough to go the whole way.

 

I would just like to say thank you to everyone on this site, this money means a lot to me and I never imagined I would get back a penny of it never mind £1800.00.

Link to post
Share on other sites

  • 2 weeks later...

Help!!!

 

I don't know whether I have messed up big time but my acceptance form came in the post on the 30 January. With the acceptance form there was a standard letter with a paragraph in it reading as follows:-

 

"I confirm as a gesture of goodwill I would like to offer you a refund of £1800.00 in full and final settlement of your complaint. You have confirmed that you are willing to accept this offer. I must stress future charges will stand and we reserve the right to close your account if you do not manage it correctly. To accept my offer please sign and return the acceptance form in the pre-paid envelope provided. On receipt of your signed acceptance a payment will be made within 14 days"

 

I signed the acceptance form but was not really happy with the comments in the above paragraph so I put in an extra letter with a paragraph as follows:-

 

"I do understand that you reserve the right to close my account if it is not managed properly and accept the offer of a refund of £1800.00 in respect of my complaint as a gesture of goodwill. However, should there be any further charges whihc I will respectfully try and avoid I will reserve the right to make a further complaint

 

I enclose herewith the official acceptance of your offer duly signed and dated and expect to have the funds deposited into account number ******** within 14 working days, if the funds are not desposited in this time I reserve the right to withdraw the acceptance of the offer and take the whole matter to court without any further notice".

 

Yesterday I telephoned the writer to ask if he had received the acceptance form and today he has telephoned back to inform me that due to the above paragraph being included in my letter, I am not actually accepting the offer correctly and the matter is now going up to Head Office for them to deal with which could take up to 8 weeks.

 

Is this just a delaying tactic or have I messed up big time by adding that paragraph in my letter? I did tell him that it is now over 14 days since I sent my LBA and if I do not get an answer within the next week I would continue with my earlier action and take this matter to court. He then informed me that the 14 day rule is a fallacy and the Halifax are governed by the FSA who give them the right to deal with complaints within an 8 week turnaround period is this correct?

 

Does anybody have any suggestions of what I should do now?

Link to post
Share on other sites

I've been thinking over this today could someone help me out as to which is the best thing to do:

 

1 Issue another LBA giving a revised spreadsheet to include another charge from the end of January 2007

 

2

Link to post
Share on other sites

I've been thinking over this today could someone help me out as to which is the best thing to do:

 

1 Issue another LBA giving a revised spreadsheet to include another charge from the end of January 2007 giving them notice of my intentions or

 

2 Go straight to issuing a MCOL as my original LBA was posted on the 19 January and has therefore gone over the 14 days

Link to post
Share on other sites

Why dont you pm a mod?

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...