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    • 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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Chopkins v Halifax**won**


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Hi all,

Ive just commenced battle against the Halifax, preliminary letter sent by special delivery yesterday so they should have it by now.

Im claiming for a total of £3,618 in charges, Ive also sent out S.A.Rs to Barclays and my B/F is taking on HSBC.

 

Oh its just so exciting.......

 

 

Kins

xx:)

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Hi Chopkins --- good luck!! I'm sure you'll not have too much trouble with the halifax. They'll probably send you a "sorry you're not happy ..... we will respond within 4 weeks" letter, but shortly after you should receive your first offer.

 

Have a read of my thread to see how I got on.

 

This site is so addictive isn't it??

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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Its so addictive and to honest Im trying to think who else I can have a go at....we basically ended up in quite a bit of trouble and ended up having to sell our house to pay most of our debts off, so to find out we can claim some of them back is just a bonus. Im also going to take on Barclaycard in the near future.

 

 

Kins

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I'm sure you'll not have too much trouble with the halifax. They'll probably send you a "sorry you're not happy ..... we will respond within 4 weeks" letter, but shortly after you should receive your first offer

 

Jax,

I thought the same, but they sent me the standard '..within 4 weeks..' reply. I sent off the LBA and got a phone call after a wek and a half saying that they were sending a letter. Got letter day before LBA expired saying that they hadn't looked at my complaint and that they would be in touch within... you guessed, another 4 weeks - 8 in total :eek:

Gave them a call and spoke to a snotty woman who told me they set the time scales, not me. Currently filing MCOL.

I have, however, read threads on here that have had full settlement a lot earlier - think it depends on who you get to deal with your claim..

Survivor 8)

  • Haha 1

If you found my advice to be useful, then please click the scales to the left - Thank you.

 

Halifax - 13/01/2007 - Prelim sent

Halifax - 27/01/2007 - LBA

Halifax - 19/02/2007 - Filed N1

Halifax - 21/02/2007 - Telephone call from Halifax offering FULL SETTLEMENT (inc costs & 8% s.69) - RESULT!!

 

Advice & opinions given by Survivor are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Im sending my LBA off tommorow, as their 14 days is up, with no reply other than the 'we'll respond within 4 weeks' twaddle, just one question Ive previously sent all my letters to customer relations at leeds should I have been sending them to Trinity Road???:mad:

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Halifax PLC

Trinity Road

Halifax

HX1 2RG

If you found my advice to be useful, then please click the scales to the left - Thank you.

 

Halifax - 13/01/2007 - Prelim sent

Halifax - 27/01/2007 - LBA

Halifax - 19/02/2007 - Filed N1

Halifax - 21/02/2007 - Telephone call from Halifax offering FULL SETTLEMENT (inc costs & 8% s.69) - RESULT!!

 

Advice & opinions given by Survivor are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Im currently doing battle with the Halifax, Ive sent my prelim and LBA off and have had no other reply that the usual 'respond in 4 weeks' twaddle, Im filing my N1 on monday, should I put a call in first, or just go straight ahead with the court stuff?

 

Many Thanks

Kins

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Hi Chopkins,

 

I gave Halifax a call a about 5 days ago to remind them that LBA time was nearly up and that I would be filing for court monday! I was told that I should go to court if i want to! BUT.. I called again yesterday (friday) and told them that I was still going to court Monday and that I would be willing to try and settle this before court action. This guy simon said that oh you have been offered £1,108.00 I am claiming 1,723.00.. I told him I would accept this as partial settlement and I would be pursuing them for the rest in court! He had no power to up the offer but told me that the woman sorting my claim out would call me.. Yet no call.. So on Monday morning I am going to give them another call... if no success I am going to court..

 

I feel it is worth a shot, especially if you want to avoid court action.. I do not mind either way to be honest..! I am going to stick to my guns whatever...

 

If you decide to give them a call keep us posted.. as I should be filing the same day as you ;)

 

AtMoSpHeRiC X

26/01/2007 = Requested 6 Years Bank Statements.

02/02/2007 = Received statements, charges £1,684.

02/02/2007 = Sent Prelim Letter recorded delivery!

:D

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Also worth mentioning - if you do phone them and try to negotiate before court, then in the highly unlikely event that it actually does go to court, then you'll have shown that you've done everything that you can (in fact, you'll have gone above and beyond what's expected of you) to avoid court action.

Plus, you never know - you might be pleasantly surprised! Unlikely, I know, but worth a shot! ;)

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  • 3 weeks later...

Sit tight, no point calling. They have to respond to the court, just a case of being patient, I'm afraid. Have a read of some other threads and see how they deal with claims at this stage.

If in doubt read the

FAQs

 

If still in doubt - ask!

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If you still havnt heard anything, it is worth having a read of this....

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

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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I think Ive got my head round that, I know Im going to sound really thick, but do I take the next stage on Thursday, or do I need to wait for notification that they havent filed a response?

 

Thanks

Kins

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You dont have to wait. You can always phone the court to double check. But you will have to wait until friday.

 

I filed judgement and won the full amount i claimed for.

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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Ive received a intend to defend letter, (I had filed request for judgement, but was aware that the court was running behind by about 6 days, because of the amount of cases against banks)

They have 28 days, now will I receive an offer in the meantime or will I get a court date first.?

 

Many Thanks

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Chopkins

 

I never received any letter for my claim until the full cheq came thru the post and about 3 days before I got a court date set so i think its an annoyingly random process, not based on amount or anything mildly logical

 

would just keep an eye on that final date and they will crumble atthe last minute

 

good luck

 

sod

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Ive received an offer today from the Halifax which is about £600 short of the original claim, its dated the 27th FEB, as they've been sending all corespondance to my old address (even though they knew my new one!!) I have since that date filed my N1 and received a defence, because I didnt know about the offer.

Anyway my claim is now substancially more than the offer, should I accept as Part payment only and continue for the rest (its about another 1k with interest and court fees)

I also dont wish them to pay it into my halifax account has anyone received payment by cheque from the Halifax?

 

Many thanks

Karen

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