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    • 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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Destinyofsouls v Halifax


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Hi,

I have just spent the last week looking arounbd this site to try and get the hang of things, and I'm afraid there is a BIG problem.....................

 

It's too damn addictive!!! :D

 

Anyway, started to take the plunge with Halifax. Tried to start a new thread on Hal. site but it won't let me post.

Can anyone tell me what Debit under Advice is on my statements ( £33)

The charge for unpaid chq/d/d is the same charge but itemised differently

Are these reclaimable? ( debit under advice I mean)

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Hi,

I have just spent the last week looking around this site to try and get the hang of things, and I'm afraid there is a BIG problem.................. ...

 

It's too damn addictive!!! :grin:

 

Anyway, started to take the plunge with Halifax. Tried to start a new thread on Hal. site but it won't let me post.

Can anyone tell me what Debit under Advice is on my statements ( £33)

The charge for unpaid chq/d/d is the same charge but itemised differently

Are these reclaimable? ( debit under advice I mean)

Just posted this on welcome site as I couldnt post here b4. Sorry for the deja Vu posting:confused:

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Hi - first of all, good luck!!! I too am claiming against the Halifax - so if you get the chance, have a look at my thread and it'll give you an idea of my experience. Overall, my claim has been very quick when compared to some. Basically, the only thing I would say is "don't worry"!!!! This site is excellent and the information, advice, help and support you'll receive is amazing. Sorry, I can't help with the "debit under advice" bit -- mine were all "charges as notified"!!!!!! Best wishes.

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Hi,

I have just spent the last week looking arounbd this site to try and get the hang of things, and I'm afraid there is a BIG problem.....................

 

It's too damn addictive!!! :D

 

Anyway, started to take the plunge with Halifax. Tried to start a new thread on Hal. site but it won't let me post.

Can anyone tell me what Debit under Advice is on my statements ( £33)

The charge for unpaid chq/d/d is the same charge but itemised differently

Are these reclaimable? ( debit under advice I mean)

 

 

Hi there and welcome to the site.

I have moved you here from the welcome ....now you have your own thread in Halifax.

The charge you refere to is claimable.

Under advice will mean that you were previously informed (presumably by letter) that this charge would be taken.

 

Feel free to ask further questions.

Have a browse through current Halifax claims in this section ;)

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.

 

 

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  • 2 weeks later...

Destiny, have a scan through this link:

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank/388-halifax-direct-contact-details.html

 

(Available as a sticky thread on the top of this forum page)

 

It may have another addy.

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I'm presuming you've already checked this:

 

Information Commissioners - Data Protection Public Register

 

but if not, you can type in the company name and it brings up the relevant Head Office details. There's no reason why you can't send your DPA addressed to the Data Controller at the Trinity Road address for a Halifax C/C.

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 months later...

I understand from a few peeps that are claiming from Halifax that they are turning down claims flat.

 

Their T&C's are:

 

Paid Item

 

A transaction processing fee for each card payment, cheque, S/O or D/D that we pay

 

Unpaid Item

 

An administration fee charged when we return unpaid cheque, card payment, d/d , s/o or any transaction we decide not to pay if insufficient funds ....

 

Unarranged O/D administration fee

 

An overdraft administration fee is applied when your account goes overdrawn without a pre-arranged facility or when it exceeds a pre arranged facility

 

 

Is this a good get out for them???

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All the banks are changing their T&C's to relflect the new 'fees' regime. I think that they may get away with this for the latest charges, but this would not apply to earlier charges.

To prove this, I imagine we would need older T&C's, but if the bank won't give them out, how do we fight them?

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Halifax, I understand are now sending out letters refusing to make an offer etc.. and turning down the claim point blank.

 

However, in the letter it says:

 

When you opened the account, you agreed to our terms & conditions which explained the charges would be applied if you did not keep to the terms of the account.

Is this not an admission that it is a breach of contract??

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I have a letter from halifax where a freind is reclaiming. They have refused point blank to consider any repayment. In the letter however, it says:

 

Our terms and conditions explained that charges would be applied if you did not keep to the terms of the account.

 

Surely they cannot now say they are fees for a service??

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Also:

 

If you continue to manage your account in this way, future charges will be applied to your account ( not fees). We know you do not want this and would like to work with you to help you avoid these charges altogether.

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They've referred an old account of mine to a debt collection agency... after I challenged the charges.

I questioned the legality of the bank charges (which make up at least the outstanding balance) a number of years ago...

Yet they've sold the debt to a 3rd party under false pretences.

The fact that branch staff admitted to me that the charges were designed to stop certain actions, and that they retained my card, thus withdrawing active servicing of the account, means it will be entertaining if they seek to pursue the matter further... after all the onus is then on them to prove the debt.

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Our terms and conditions explained that charges would be applied if you did not keep to the terms of the account.

 

 

Would seem to state categorically that the reason for the charge is the breach of a term..

 

A term is part of the contract... so they're saying its breach of contract... as such the "liquidated damages" limit to the cost they can recover would seem applicable i.e its an illegal penalty clause...

 

That one is worth keeping and sharing... it could well serve to destroy the "standard" defence

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Hi Destinyofsouls

Your letter sounds interesting why not post the letter in full after taking all your personal details out include the name of the person who sent it I'm sure everyone would be interested to see it, keep going lots of luck

tudormikey

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Yeah! Tudormikey is right - even for us BoS folks!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Hi,

Just found this on Martins site. It was an E mail he received.

Sounds good to me, and seems to be working for a few.

Hope you can make use of it.

 

"I know someone who works at HBOS sorting out people's requests to re-claim bank charges. There are some tight FSA regulations about replying to people within so many days of receiving their letter. As they are so swamped with requests the only way HBOS can meet this deadline (and avoid the FSA's wrath) is to automatically decline EVERY request in the first instance. This has been practise for a couple of weeks now."

 

"I am reliably informed that when this happens all people have to do is ring the number on the top of the letter and politely ask for the case re-evaluating. This will be done almost without question and, while it means waiting another 4-8 weeks, it almost guarantees an offer of around 50% of the total amount. It's up to the customer to argue it from then on. The key apparently is to be polite and reasonable to the person on the phone (after all, it's not their fault personally that the banks make these charges)."

 

"A trick for anyone who has not yet written to claim is to ask for an answer to a specific question. They will almost certainly not get this answer when HBOS responds and will therefore know the deline letter has been automatically generated, rather than being a specific response having considered the case - as it will purport to be."

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