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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.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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New Halifax Action ** WON **

Springer

By Springer
in Halifax and IF successes

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Springer

Springer

Posted
Posted

Hi All

 

Have been following this site for a few months and felt nervous about actually doing it, but have 'bit the bullet' and decided to try and reclaim my bank charges from the Halifax.

 

Have just typed up my Subject Access Request/ DPA letter and printed it off, so it is very early days!

 

I find Halifax terrible to deal with over the phone and when I've phoned up a few times to query my charges, they are so patronising it's unreal!!

 

Good luck to all in the process at the moment. I'll let you know how I get on.

 

Am I right in thinking once they have cashed my £10.00 chq I should get a response within 40 days?

 

I'm quite excited!!

Springer :p

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essjaydee

essjaydee

Posted
Posted

Hi well done on getting on the road to nailing halifax!

 

i too have just sent off my DPA a few days ago, i think that its once they have received it they have 40 days to respond, given the fact that u sent the cheque with it, there's nothing they can do to slow the process down.

 

good luck! :)

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  • 3 weeks later...
Springer

Springer

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Hi All

 

I sent off my first DPA letter and amended it to say please accept this letter as authorisation to deduct the fee from the above named bank account. I understand the maximum fee for this service is £10.00.

 

I have just had a letter from Graeme Sutters, Customer Serivce, saying:

 

We can provide the information you require but to do so there is a £5 statement charge. Statements wil then be provided for the last six years.

 

Please provide the authority to debit your account for forward £5 cheque. No action will be taken until we receive this.

 

Considering what I said in my letter, do you think they are stalling here? I am going to write back saying 'Please accept my apologies of my instuctions in my first letter weren't clear, but please accept this letter as authorisation to deduct a £5 charge from my account.'

 

Am I being thick (likely!) or are they playing delay tactics?!

 

Hope everyone else is getting on OK!

 

Springer x

Springer :p

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alanfromderby

alanfromderby

Posted
Posted

You could play this games for weeks. My first advice would certainly be not to apologise in any way - if anyone should apologise it is them.

 

Write a letter back reiterating you request, as per the original DPA template letter, enclose a cheque/PO for the £5 they have requested. Add that you did make it clear in your original request that they should take the fee out of your account, and that you expect them to provide the information 40-days from when they received your original request.

 

Time to get tough!

 

 

 

 

 

 

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Springer

Springer

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Thanks for that Alan. Am going to send a PO off to them tomorrow, recorded delivery.

 

Have worded this so far:

 

Dear Mr Stutters

 

Please find enclosed a copy of my original correspondance to my local Halifax branch asking for copies of my bank statements since my account was opened (put this in as I haven't had my account with them for six years, about 3.5 I think) and giving you authorisation to deduct the fee for this service (up to a maximum of £10.00) from the above named bank account. I was surprised therefore to receive a letter from you dated 24 May saying you will be unable to action my request until you receive authoriation from me to debit my account by £5, or send you a £5 cheque.

 

To save any future misunderstanding, please find enclosed a Postal Order to the value of £5, which I presume will now allow you to action my request.

 

As your original letter was dated 24 May 2006, I will accept the information I require within 40 days of this date.

 

I look forward to hearing from you.

 

blah blah blah.....

 

Does this sound OK? Any suggestions gratefully received!!

Springer :p

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alanfromderby

alanfromderby

Posted
Posted
Thanks for that Alan. Am going to send a PO off to them tomorrow, recorded delivery.

 

Have worded this so far:

 

Dear Mr Stutters

 

Please find enclosed a copy of my original correspondance to my local Halifax branch asking for copies of my bank statements since my account was opened (put this in as I haven't had my account with them for six years, about 3.5 I think) and giving you authorisation to deduct the fee for this service (up to a maximum of £10.00) from the above named bank account. I was surprised therefore to receive a letter from you dated 24 May saying you will be unable to action my request until you receive authoriation from me to debit my account by £5, or send you a £5 cheque.

 

To save any future misunderstanding, please find enclosed a Postal Order to the value of £5, which I presume will now allow you to action my request.

 

As your original letter was dated 24 May 2006, I will accept the information I require within 40 days of this date.

 

I look forward to hearing from you.

 

blah blah blah.....

 

Does this sound OK? Any suggestions gratefully received!!

 

 

You are not entitled to "statements" under the Data Protection Act. The request made in this way would not conform to being a request under the DPA, and legally they would not have to provide statements within the 40-days. Where did you get the template from?

 

 

 

 

 

 

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Springer

Springer

Posted
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Posted

This wasn't off a template, I did it myself, but I see my mistake now, on my original DPA letter I copied the template and see now that this says provide me with a list of all transactions and charges since my account was opened OR a complete set of bank statements would be acceptable.

 

I have re-worded now:

 

Dear Mr Stutters

 

Please find enclosed a copy of my original correspondance to my local Halifax branch asking for a list of all transations and charges made to my bank account since it was opened (put this in as I haven't had my account with them for six years, about 3.5 I think) and giving you authorisation to deduct the fee for this service (up to a maximum of £10.00) from the above named bank account. I was surprised therefore to receive a letter from you dated 24 May saying you will be unable to action my request until you receive authoriation from me to debit my account by £5, or send you a £5 cheque.

 

To save any future misunderstanding, please find enclosed a Postal Order to the value of £5, which I presume will now allow you to action my request.

 

As your original letter was dated 24 May 2006, I will accept the information I require within 40 days of this date.

 

I look forward to hearing from you.

 

blah blah blah.....

 

Is this OK?

 

Thanks for pointing it out!

Springer :p

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  • 3 months later...
Springer

Springer

Posted
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Posted

Hiya

 

Haven't been on for a while, or done anything with my claim. Needless to say, since the last letter sent in May I haven't had a thing from the Halifax, so they have a template 3 LBA letter winging their way to them. I sent my last letter with the postal order in recorded delivery, so I know they received it!

 

How frustrating!! Maybe they hope people will go away if they don't bother replying. I was just busy, but am definately back on track now. Hope everyone else is getting on well!!

 

Springer xoxox

Springer :p

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  • 3 weeks later...
Springer

Springer

Posted
  • Author
Posted

Hiya All

 

I have finally received my info from the Halifax and calculated that they have charged me £1739.00 since June 04!

 

I have done my schedule of charges and my 'Request for Payment of Charges' letter, but I have taken out the bit about the overdraft interest, as this was a bit confusing and I couldn't work it out. Will this have an adverse affect do you think? I haven't claimed the 8% interest at this stage either, as advised in the FAQ section.

 

I look forward to hearing from them! ha ha!!

 

Hope everyone else is getting on well with their claims!

Springer :p

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Lizzie R

Lizzie R

Posted
Posted

We're exactly at the same stage, I calculated just under £2K in 5 and a half years... they omitted to send a batch of info relating to Jan-July 01 so I've had to write again for these.

 

You were spot on about the delaying tactics... you just have to be polite and persistent. I got the same letter as you and wrote back straight away with a copy of my original request... I stopped short of saying 'only a blithering idiot would misinterpret my request' !!

 

Oh and I sent £10 originally, they credited £5 back to my account... which was nice:)

 

Good luck, keep going!

First Data Protection Act Letter sent 1 August 2006

OD facility removed - 4 August

Odd 0870***** phone calls start to arrive - 10 today - 16 Aug

Phone calls ceased - 20 August

Acknowledgement of Data Protection Act request received - 22 August

Reminder sent re: Data Protection Act 3rd September

Statements received - 20th September

Calculated penalty charges to date - £2K

5 months of Missing Statements requested - 25th September

Claim letter sent for £2K - 4th November 06

Reply with a four week timescale received - 15th November 06

 

If I've managed to help anyone through the site, click on the scales and let me know... I need all the help I can get! xx

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jonni2bad

jonni2bad

Posted
Posted
....Will this have an adverse affect do you think? ...

 

None at all. Many people choose not to claim this part back due to the complications of working the figure out.

 

Best of luck in your claim

..

.

 

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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  • 2 weeks later...
Springer

Springer

Posted
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Posted

Received letter from the Halifax today:

 

Dear 'Springer'

I refer to your recent letter. I was sorry to hear that you are unhappy with the charges applied to your account. (Did you really think I was happy with them??!!)

I have forwarded a copy of your letter to our Customer Relations Department for their consideration.

I have enclosed a copy of our complaint leaflet which tells you how we will handle your complaint. (slowly??)

They will deal with your concerns as quickly as possible and will contact you again shortly. However, if you need any help in the meantime, please telephone on 08457 25 35 19.

Your sincerely

Christine Nuttall

Customer Services

They have until Wednesday next week to get back to me, otherwise my LBA is on it's way to them! Just a question - I have had some bank charges applied to my account, since I sent my Preliminary Request for Payment. When I send my LBA, can I add these charges on to the total and attach a new schedule of charges?

 

Many thanks in advance of anyone's help!!!

Springer :p

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jonni2bad

jonni2bad

Posted
Posted

Indeed you can, and should!

..

.

 

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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Springer

Springer

Posted
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Posted

Great! Thanks Jonni2bad!

 

Another £97 added to my claim then!! :rolleyes:

 

I take it that even though I have had a letter saying they are looking into it, I still keep to my original 14 day deadline before I send my LBA, or should I extend the deadline?

 

Sorry for all the q's but really don't want to get it wrong when the end is hopefully in sight!!

Springer :p

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jonni2bad

jonni2bad

Posted
Posted
...

I take it that even though I have had a letter saying they are looking into it, I still keep to my original 14 day deadline before I send my LBA, or should I extend the deadline?...

 

Always - ALWAYS - keep to your deadlines.

..

.

 

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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Springer

Springer

Posted
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Posted

Here is my LBA to the Halifax. I have had to amend it slightly as they HAVE sent me a letter (albeit a standard one with a useless leaflet!) AND I have incurred more bank charges since my original Request for Repayment of Charges was sent.

Does this look ok?

 

 

Thank you for your letter dated 5 October 2006 and its enclosed leaflet.

In my previous letter, I advised I would give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. This has not happened.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have now taken £1836.00 in charges. I am enclosing an amended copy of the schedule of the charges which I am claiming until the 30 September 2006. I have already sent you my schedule of charges until 18 September 2006 in my original letter of the 24 September.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Springer :p

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nona

nona

Posted
Posted

That looks ok to me Springer.

Good luck

[CENTER][SIZE=2][I][COLOR=DarkOrange]Any advice offered is only my opinion, based on my experience with my claim [/COLOR][/I][/SIZE] [SIZE=3][COLOR=Blue][SIZE=2] I won my case because[/SIZE] I READ THESE FIRST[/COLOR][/SIZE] [URL="http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/"][COLOR=red]http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/[/COLOR][/URL] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=3]Halifax[/SIZE][COLOR=YellowGreen]-[/COLOR][/COLOR][B][SIZE=4][COLOR=Red][COLOR=YellowGreen]SETTLED IN FULL[/COLOR] :D:D:D[/COLOR][/SIZE][/B][/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=magenta] [COLOR=SeaGreen]Prelim letter sent [COLOR=Black]10/07/06[/COLOR] Moneyclaim issued [COLOR=Black]07//08/06[/COLOR][/COLOR] [COLOR=Red]Settled in full[/COLOR] [COLOR=Black]15/08/06 [SIZE=2] [/SIZE][/COLOR][/COLOR][/SIZE][/FONT][CENTER][FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=2][COLOR=DarkOrchid][SIZE=1]Survey completed. Donation made[/SIZE].[/COLOR][/SIZE][/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [CENTER][FONT=Comic Sans MS][SIZE=2][COLOR=magenta][COLOR=Black][COLOR=Navy]Thanks to Dave and Bankfodder, and all who have given their time and advice[/COLOR]:)[/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=red][COLOR=Black]Co-op Bank Visa[/COLOR] Settled after LBA (only £61 but hey ho, every penny counts) [/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=#00bfff] [/COLOR][/SIZE][/FONT]

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crocodiles

crocodiles

Posted
Posted

I am pursuing £4600 in charges.

I am making 3 claims of just under £1500 thru the Scottish 'Summarry Cause' court and one thru small claims.

 

Can I make these claims simultaneously or do I have to pursue them one at a time?

09/10/06:Halifax claims opened with prelims

claim 1 = 1392.38

claim 2 = 1437.74

claim 3 = 1480.76

claim 4 = 0185.32

Changed tactics.

1 claim of £4600 submitted - will travel to england to go to court if required.

 

27/10/06: LBA sent

01/11/06: Recieved an offer of £764

05/11/06: Refusal of offer sent

11.11.06: MCOL submitted

13.11.06: MCOL issued

16.11.06: MCOL aknowledged

17.11.06: recieved withdrawal of offer letter - too late, it's already with court!

27.11.06: recieved written confirmation from Northampton County Court. Still no correspondance from Halifax. They have until 15/12/06 to respond.

O1/12/06: Settled in full, including interest.

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