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    • I bought my house 2 years ago. The previous owner had died. I continue to recieve parking fines and communication from DVLA in the name of the dead person, despite contacting DVLA via post to inform them I am the new owner of the property. I have sent them proof of purchase and ownership but the communications continue to arrive. Aside from using "return to sender", does anyone have any idea how to stop this and get DVLA to update their records? Not sure if relevant but the Tax class on the vehicle is disabled meaning that the price of vehicle tax is £0 per year. I assume someone is using this to get free vehicle tax which is up to them, but I'm bored of fighting with parking charge companies and getting threatening letters, as whoever is doing this is also not very good at paying for parking.
    • I haven't heard of them asking for photographic evidence in this way before – but I don't think it will really pose a problem. Have you got a history of sending parcels which were then lost and you had to claim for? When you send your letter of claim? Was the item properly declared? Was the item correctly valued? Please answer these questions and then take at least a couple of days reading very thoroughly the stories on this sub- forum. There are lots of them. Read some of the pinned topics at the top which will explain the principles and then read the stories to see other people's experience. Post up your letter of claim in PDF format so we can see what you sent.  
    • Just to clarify - it was the lender who undertook works, not me.  They racked up huge huge sums in refurb costs - which were completely unnecessary.  They have been trying to charge all the costs to me.  I refuse to be held accountable in my defence and counterclaim.   (I refuse to  be held liable for these works costs whether vat was or wasn't added - I maintain its the lender that must cover the costs).  It was a ridiculous sum of money and made no difference to their ability to sell either.  As its still unsold.    I can see - from disclosure paperwork - that the lender ceo uses this contractor all the time on other properties - for himself and for the bank.  The payer may not be responsible for the contractor's failure to add vat - but the ceo can clearly see it's not being charged - and again and again on all his jobs.  So he is complicit even if not guilty of the actual fraud.    I admit I'm angry with them. The sheer injustice and arrogance (that they could/ can do whatever they want and get away with it - has been astounding.  It's why I have fought so hard to get justice.  This particular issue is just another niggle.  They think they are above the law; can circumvent it - with no consequences / repercussions.    Thank you dx for pointing me to the link. I will now follow that up
    • I have posted the letter off today - sent recorded delivery, so should get to the Police early next week. I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one. I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing. I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help.  I always thought most people have at least a video door bell these days but not in that road... 😐 So came home a bit disappointed.  If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.
    • Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option but to call them. Why can't they just be straightforward with their Communications? Is there any other option other than calling them?   TIA.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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      • 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
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      • 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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EricTheRed v Abbey


EricTheRed
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Eric,

 

If you have no money going into your Abbey account, no payments coming out, what can Abbey do about your O/Draft?

 

Seriously though, If your claim is for more than your OD then write to them stating that the amount they are claiming you owe them (your OD) is in dispute, and until such time that the dispute is resolved you will not pay any further money into your account, and request that any interest being levied onto your account is frozen.

 

Then, when you get your claim paid, pay off your OD and spend the rest on something nice!!

 

If your claim will not cover your OD, then still say it is in dispute, but also offer an amount each month that you can afford to pay it off bit by bit. If they tried to get Debt Collectors or a Court Order against you for the OD, then you can state that you have tried to come to an arrangement with them but they have refused all your offers. This will not look good for Abbey from any angle.

 

Neil.

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I'm interested in this as well, HSBC are trying to charge me £1 per statement for the last 8 years, (last 12 months for free) I know this may be nothing compared to what I may get back but reluctant to spend money. Barclays have just charged £5 per statement but 1 statement spanning 4 years is allowed!

HSBC - £460 - first action letter sent

Barclays - £730 - first action letter sent

Virgin credit card - no action yet

Natwest - no action yet

Lloyds - no action yet

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Some people are currently claiming, but as this is quite new I don't think they have reached settlement yet.

 

If you have not received the full charge details from the bank, you are advised to issue the DPA Non-compliance LBA and give 7 days notice of court action for that.

 

If still no reply, issue the N1 Court claim for the breach of DPA and then issue a court claim for monies based on estimates.

 

I.E. - You have 12 months of charges, equalling £300

 

6 years x £300 would be £1800, so that would be your best estimate until you are informed of correct charges by the bank.

 

DPA letters are in the Templates Library.

 

Does that help any?

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Groovy thanks for that. HSBC here I come! Then it's onto Natwest. One battle at a time.

HSBC - £460 - first action letter sent

Barclays - £730 - first action letter sent

Virgin credit card - no action yet

Natwest - no action yet

Lloyds - no action yet

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ALL THREADS MERGED - AND RETITLED FOR CLARITY

Please try to keep anything that could be related to your claim in this thread.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 3 weeks later...

Well after reading Seminoles excellent thread I feel that I am now in a bit of a predicament.

 

As you can see from the above postings my overdraft has been withdrawn by Abbey and despite the fact I wrote to them begging and pleading for a pay down arrangement they have withdrawn the facility and sooner or later they will ask for a full repayment. I’ve opened a parachute account with another bank and all my DD’s are being paid (including my Abbey mortgage).

 

My current situation in respect of the claim against Abbey hasn’t changed, apart from the fact that it hasn’t been issued yet as I’ve just got myself into a position of being able to afford the court fee.

 

As you are aware my claim is based on a reasonable estimate on their claims for the past 6 years because they have failed to supply me with a list of transactions which would have enabled me to submit a correct claim. After reading Seminoles thread if my case goes before a judge then could Abbey argue that they have supplied the information in accordance with the DPA? The judge could say that they are correct and that my estimate is not correct and then order them to pay what they have taken based on the statements they have supplied.

 

I could go down the route that Seminole has taken and hold out for a full list of transactions and get into a long winded exchange of letters between DLA and the Information Commissioner or I could just issue my estimated claim and let a court decide. If it went to court and the judge requested that they provide all transactions going back 6 years should I then ask they supply this from their microfiche records thus nullifying their contention that microfiche does not form part of a relevant filing system?

 

This is causing me no end of stress at the moment and the thought of having to square up to their lawyers in court fills me with dread even though I am aware of the legal basis of the claim and will have a buddy with me.

 

My opinion is to go ahead with the claim and report them to the IC.

 

Could anybody advise please?

 

many thanks

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I can't help much with regard to the estimation of charges I'm afraid, but I would have thought you would require exact charges info if it goes as far as court as Shabbey could just say to the court that you are claiming too much as they are aware you dont know the exact level.

 

As far as the overdraft goes, I am had the same 'review' letter and I am now getting 'you are over your overdraft limit' letters. I have contacted the Shabbey and told them that I will not be clearing the overdraft as I am disputing the charges levied on the account, yet 1 week later I get another letter demanding clearance of overdraft from a different person!

 

They will be getting a letter in reply to every they send me.

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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Well after reading Seminoles excellent thread I feel that I am now in a bit of a predicament.

 

As you can see from the above postings my overdraft has been withdrawn by Abbey and despite the fact I wrote to them begging and pleading for a pay down arrangement they have withdrawn the facility and sooner or later they will ask for a full repayment. I’ve opened a parachute account with another bank and all my DD’s are being paid (including my Abbey mortgage).

 

My current situation in respect of the claim against Abbey hasn’t changed, apart from the fact that it hasn’t been issued yet as I’ve just got myself into a position of being able to afford the court fee.

 

As you are aware my claim is based on a reasonable estimate on their claims for the past 6 years because they have failed to supply me with a list of transactions which would have enabled me to submit a correct claim. After reading Seminoles thread if my case goes before a judge then could Abbey argue that they have supplied the information in accordance with the Data Protection Act? The judge could say that they are correct and that my estimate is not correct and then order them to pay what they have taken based on the statements they have supplied.

 

I could go down the route that Seminole has taken and hold out for a full list of transactions and get into a long winded exchange of letters between DLA and the Information Commissioner or I could just issue my estimated claim and let a court decide. If it went to court and the judge requested that they provide all transactions going back 6 years should I then ask they supply this from their microfiche records thus nullifying their contention that microfiche does not form part of a relevant filing system?

 

This is causing me no end of stress at the moment and the thought of having to square up to their lawyers in court fills me with dread even though I am aware of the legal basis of the claim and will have a buddy with me.

 

My opinion is to go ahead with the claim and report them to the Information Commissioner.

 

Could anybody advise please?

 

many thanks

 

From what you've said, you don't seem to have followed the DPA non-compliance legal path. This is set out in the FAQs and Library. This is normally the best approach to take as issuing an estimated claim without obtaining the transaction data or issuing a DPA claim could get you into difficulty.

 

In your case a valid approach would be to proceed down the DPA non-compliance path. Assuming that they are already outside the 40 days, send them a letter before action demanding compliance with a short (say 5 day) turnaround time. If they don't then comply, issue a section 7 claim. This should cost you £30. At the same time issue a claim for the charges that you do know about and have evidence for but mention in the particulars of claim that Abbey haven't complied and that you may seek to vary your claim when they provide the information.

 

In the unlikely event that Abbey don't supply the information until after the known charges claim is settled, you could issue a second claim for the amount in question.

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Just a thought.

 

If Abbey were to take me to court in respect of my unpaid overdraft and I then disputed the claim on the basis and that I wanted them to confirm where they got the transactional information from and was it retrieved from their microfiche records then would this shoot their current argument down in flames or are they really just stalling everybody on the SAR status? If they took action against me for recovery of the overdraft I would bet my shirt that the information in support would come via their microfiche system thus confirming what a set of vindictive b@st@rds they are and that their system is used when it is to their advantage.

 

Rant over…………….

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My guess is that they wouldn't take any legal action (in the short term) for recovery of the overdraft. Far more likely would be that they will issue a Default Notice requiring you to repay in 28 days, with the threat of marking your credit files.

 

Should that happen, you would need to write and formally make them aware the amount is in dispute.

 

As well as the path above (from Seminole) yo might be best placed to issue a Section 10 Notice from the Template Library. They have 21 days to respond to it, and failue to reply in time leaves them open to further action. The Sec.10 effectively states that 'although I agreed you could put info on my credit files, I never agreed to you putting incorrect info on them' - that type of thing.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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seems reasonable. My own claim is based on the £972 for this year and for the previous 5 years (where they haven't supplied any info) its based on incurring a £75 penalty every 60 days or so. I don't think it's over the top bearing in mind I had £972 in about 3 months or so.

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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