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    • Hi. Thanks very much for taking the time to read and respond to this post. I was a CAG member many years ago under a different username and I think it was you that helped me then, with a few DCAs. Thankfully, with help from this forum, that's all behind me now. Anyway, as far as this issue is concerned; the only reason that I contacted the manufacturer is because they just would not deal with me at all unless I did so, so even though I knew they were in the wrong (and I told them so many times, quoting CRA2015) I just thought that it might make it easier if the manufacturer would put it in writing that there is a fault. To be honest, at the start of all of this I assumed that Currys were still the excellent retailer that I was used to and have been using since I can remember. I don't really know when they started, but I am pretty sure that I have been buying from them since the 80s (a walkman I think - showing my age there!) although I hadn't done so more recently. I honestly thought that when the manufacturer confirmed that there was a fault Currys would do the right thing. I am shocked at how terrible they have become. I have attached my LBA. I downloaded the template for this from the Which website. It's slightly different to the last time I used an LBA, against a car dealer. There's a bit in there about Paypal. Unfortunately I used Paypal, in hindsight I wish I had used a credit card because I could probably then use section 75 (another thing I learned from CAG a few years ago).  Again, I didn't foresee any problem with Currys because of my history with them. lba currys.docx
    • once your debts were defaulted , paying or not or paid or not the defaults are there for 6yrs. you've been had blind..     which toward going to stepchange was the biggest mistake you made.
    • There's one other card for just over £400 in my credit file. Three of the cards were taken out end of 2017 or beginning of 2018. The largest amount. That card was probably taken out early 2017 or sometime in 2016.   I've battled with a life long drink problem. Mixed with periods of heavy in the most part recreational drug use. I've been told I have mental health problems but nothing officially diagnosed.   I was made officially bankrupt 15-20 years ago. Not long after the year was up I started borrowing again because it was offered to me. I again reached the point where it all got out of control. I didn't have the money to declare myself bankrupt again so I just ignored it. A while after the 6 years were up I was offered another card and that was that.   I start out with good intentions of building my credit file back up. But then my 'issues' kick in and it all goes wrong. Addictions aside. I have a problem with spending money. I always have.   Basically no financial company should lend me money. That is blatantly obvious from my credit history and spending patterns on previous and the aforementioned cards.   I might have some more smaller debts not on my credit file. But to be totally honest I wouldn't know. I was too out of it to know or care.   Rather surprisingly given my credit history as  far as I'm aware this is the first time I've ever had a ccj against me. As I mentioned earlier not knowing much about bailiffs was my fear. Life is a lot easier for me if I can't borrow or have access to borrowing money.
    • Well done on referring to the consumer rights act. You're absolutely right, you are within 30 days and you have the right to reject it out of hand and to insist on a refund. Have you asserted your right in writing? If not, do it immediately. Do it by email and confirm by letter – referring to the email. It's essential that you do this now. Well done on having issued a letter before action. Please can you post it here in PDF format so we can have a look. On the basis of what you have told us, – in particular if you have evidence that you have asserted your right to reject, then there is absolutely no reason why should loose. However, to reassure you on the point of costs – your maximum risk factor is your own costs of bringing the action, the hearing fee if it goes that far – and their reasonable cost of travel if it goes that far and if there is an in-person hearing. Most hearings nowadays are conducted on the phone. Other than that there is nothing else to lose. The only slight point here that they could leverage is that you appeared initially to concede your right to reject by taking it to the manufacturer. I don't understand why you did this. I don't understand why you would pay good money for a brand-new machine and then accept the fact that it needed to be repaired. However, I don't really think that this will stand against you. It would have to be very unusual judge who would accept this. You need to understand that – especially with companies like Currys – whose customer service is extraordinarily bad – you must stand absolutely on your rights, give no ground – no prisoners. They will be merciless with you – any concession to them is simply giving ground. Let's see the letter of claim. Have you started preparing your particulars of claim? We can help you with that as well.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

SarahPP v Halifax part two CONTRACTUAL


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I should have started this thread before now.

 

Having won back my own Halifax charges I have now sorted out my partner's charges at the contractual rate of 29.8%. The court papers have been lodged and Halifax have until the 18th January to respond. We have already had a partial offer of 1.6k which we turned down in December.

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If you turned down 1.6k, how much are you claiming?

 

Signed,

A very nosey Aaronsdad!

[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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Thanks, I understand. I'm trying to apply some king of logic, mathematical equation etc to what they offer compared to what is claimed. If it wasn't Steven Hawkins birthday today I'd give him a ring, he might know!!

 

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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I was led to believe that too! I think it's an urban myth. My last six months was £100 and they offered me 500ish. My mate along the road had 400 and was offered 2.5k!! I've talked to other people on the site about this and it makes no sense!

As long as they pay up - who cares?

(Me actually! Wish I could make sense of it!)

It's twistin' my melon man!

 

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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Ah, maybe so then. I read somewhere else that it was your worst 6 months that were refunded. Who knows? Maybe they have a set of figures and a dartboard in the office.

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They were offering the highest 6 months charges within the 6 year period until recently, it seems to have gone up to the highest 2 years within the 6 years now.

 

How long before they actually offer the highest 6 years in the last 6 years ? Can't be far away with all the cases being won without too much of a struggle.

 

OK, it's still only a small percentage of customers asking for their charges back, when you look at the bigger picture, but they're not doing themselves many favours by delaying matters. If anything it costs them more in time and effort to send out more off-putting letters.

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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Received another letter this morning offering exactly the same amount as before and confirming that they will not be refunding all of the charges.

 

It is as if they have never had the court documents..... I have had to write and remind them that they have until the 18th to file a defence.

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  • 3 weeks later...

Well, we got a partial payout of the charges + 8% + court charges. At the moment they have denied that we are entitled to the contractual rate (no reason or alternative given as usual) and asked us to provide evidence if we still believe that we are, otherwise they will defend that portion of the claim.

 

We have written back outlining once again the mutuality and reciprocity argument which was in the POC and as yet are waiting to see whether they will pay out the remainder or issue a defence. I have yet to see a bank defence which does anthing other than state "we do not believe that the claimant is entitled to this rate of interest" (and I have looked through quite a few contractual threads) so, it will be interesting to see if they can do better than the legal departments of the banks have managed so far.

 

They have until tomorrow to submit a defence

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  • 2 weeks later...

Well, Halifax have made part admission and sent their defence through for the rest.

 

All I have to say is:

 

WHAT A SHODDY PIECE OF WORK HALIFAX

 

Their defence consisted of six short paragraphs, most of which contained factual errors. It is clearly a mass produced document which they don't even bother to revise for individual cases. I have written a response today which rejects the part payment. The case will now go forward as a defended one. A copy has been sent to Halifax so, we shall now see.....

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Its pathetic that they continue to pus us all through this when they know they have to pay anyway.

They just like stroppy kids..!:rolleyes:

 

I hope they dont draw it out to much longer for you.

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. ;-)

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Thanks - I am quite prepared to wait it out for now. It is the contractual interest which is the sticking point but, all their defence has to say on that particular subject is that they don't believe we are entitled to it but, they, in common with many other Banks I have seen submitted defences from are unable/unwilling to give a reason for their denial.

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Sorry to butt in, but where did the 24.9% figure come from?

 

I'm preparing my prelim letter to the HFAX (2k of charges, 3.2k with contractual) and the figure I found on their website was 28.9% for unathorised borrowing. Halifax - Interest Rates

 

I can see a 24.2% figure, and a 28.9%, but no 24.9%.

 

Apologies if I'm just being thick. It wouldn't be the first time! :|

  • Haha 1

CrapitalOne - SAR Sent 06-02-07 / SAR sent again 03-02-12 / Prelim sent 20-03-12

HSBC - SAR Sent 12-03-07. SAR sent again 03-02-12

BOS Mastercard - SAR Sent 03-02-12 / Prelim sent 20-03-12

Barclaycard - SAR Sent 09-02-07 / Prelim sent 12-03-07 / Partial offer recd 16-03-07 / New Prelim sent 27/03/12.

Black Horse - SAR sent 03-02-12 / Big load of bumf arrived 07/03/12

Halifax - Statements requested 30-01-07 / 153 pages of statements arrived 06-02-07 / Prelim sent 10-02-07 / LBA sent 01-03-2007 / Partial offer recd 07-03-07 / Full offer received (after phone call) 08-03-07!

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No - you are quite right and that is the figure on my spreadsheet. I will go and edit my first post. Must have got it mixed up with another claim!!

 

Thanks

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Ah, that's ok then! I feared for a second you might have got a duff figure and they might try and fight it on that basis!

 

Carry on then! :D

 

Good luck!

CrapitalOne - SAR Sent 06-02-07 / SAR sent again 03-02-12 / Prelim sent 20-03-12

HSBC - SAR Sent 12-03-07. SAR sent again 03-02-12

BOS Mastercard - SAR Sent 03-02-12 / Prelim sent 20-03-12

Barclaycard - SAR Sent 09-02-07 / Prelim sent 12-03-07 / Partial offer recd 16-03-07 / New Prelim sent 27/03/12.

Black Horse - SAR sent 03-02-12 / Big load of bumf arrived 07/03/12

Halifax - Statements requested 30-01-07 / 153 pages of statements arrived 06-02-07 / Prelim sent 10-02-07 / LBA sent 01-03-2007 / Partial offer recd 07-03-07 / Full offer received (after phone call) 08-03-07!

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  • 2 weeks later...

I don't quite know what is happening here. We have had the allocation questionnaire from the court but, returned from a few days away to find a letter from the Halifax which was an exact copy of the letter which they sent us in the middle of January offering us part payment. It even had a date of the 15th January on it!!!

 

Bizarre

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Just goes to show they have no idea what they are doing..!

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. .

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Did occur to me that it may be a clever ruse to try to get us to sign the back sheet (accepting full & final settlement) before court.

 

I don't know if I'd call it clever! :rolleyes:

 

Any news on this?

CrapitalOne - SAR Sent 06-02-07 / SAR sent again 03-02-12 / Prelim sent 20-03-12

HSBC - SAR Sent 12-03-07. SAR sent again 03-02-12

BOS Mastercard - SAR Sent 03-02-12 / Prelim sent 20-03-12

Barclaycard - SAR Sent 09-02-07 / Prelim sent 12-03-07 / Partial offer recd 16-03-07 / New Prelim sent 27/03/12.

Black Horse - SAR sent 03-02-12 / Big load of bumf arrived 07/03/12

Halifax - Statements requested 30-01-07 / 153 pages of statements arrived 06-02-07 / Prelim sent 10-02-07 / LBA sent 01-03-2007 / Partial offer recd 07-03-07 / Full offer received (after phone call) 08-03-07!

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  • 1 month later...

Hi Sarah.

 

I am in the same boat as you, I have just returned notice of part admission stating that I do NOT accept the defendant's part admission. I'm now just waiting for the AQ to be sent to me. I am claiming contractual as well, the bank only offered charges+8%+Court costs. Did you claim interest charged to your account?

 

Bankershost.

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SETTLEMENT ARRANGEMENT MADE, IN FULL ,WITH CONTRACTUAL INTEREST DESPITE PART PAYMENT ALREADY FORCED INTO BANK ACCOUNT AT 8%

PLEASE AMEND TITLE TO ****WON*****

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