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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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Intelligent Finance Address To Use With Moneyclaim


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This is the first draft of the letter I want to send to Halifax asking for my statements so I can extract all the charges and claim them back.

 

It writes...

 

START

 

[My Address]

 

 

Legal Services

Retail Division

Trinity Road

Halifax

HX1 2RG

 

 

Data Protection Act disclosure request

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBERS: [My Roll numbers(I have three current accounts!)]

 

 

Please supply me with a complete list of transactions and charges relating to my bank accounts listed above for the last 6 years. Alternatively a complete set of bank statements for that period will be acceptable.

 

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking busines with you.

 

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

 

You have 40 days in which to comply

 

 

Yours faithfully,

 

 

[My Name]

 

END

 

Any comments?

Do I need to add a date? or a date when the 40 days expire?

When does that 40 days start?

Should I specify the roll numbers? or the account numbers? or both?

Is this the correct address to send such correspondance to?

 

Thanks in advance for any help,

 

Ian

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Always a good idea to add a date then everyone knows where they stand. If you send the letter by recorded delivery guarenteed next day then you could put that date on it. Again everyone knows where they stand. Let them work out when the 40 days is up....we would all hope that the banks are good with numbers :lol: As far as account details go then you have to give them at least yuor sort code and account number or they will not know to which account you are reffering. Hope this helps. I would say that from my experiance it is worth trying to get your statements over the phone even after you have sent your dpa request. The halifax have been quicker than most in sending them and only charged me a fiver in the end for six years worth.

Thats 4 in the BAG!!!!

(£509.60amex..£396.31 Halifax credit card....£768.47+£783.99 Halifax current account)

so crooked they use a corkscrew for a ruler!(allegedly)

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All I did was phone telephone banking and request the statements going back to when I opened my account.

 

The charge was only £5.00 and already taken from my account so something must be rolling.

 

So no need as far as Im concerned to send letters requesting statements.

 

Laters

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So no need as far as Im concerned to send letters requesting statements.

 

Laters

Wrong. It is extremely important to try and obtain a statement that there has or has not been manual intervention.

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Why? Surly the actual statements in hand with amounts taken are enough, its all in black and white.

 

Why have a written fact of someone manually looking into your account, what does that prove.

 

Sorry for jumping on to the originators post with a question.

 

Regards.

 

 

 

So no need as far as Im concerned to send letters requesting statements.

 

Laters

Wrong. It is extremely important to try and obtain a statement that there has or has not been manual intervention.

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You haven't read aorund the forum enough then. If you do your reading you will notice some of the arguments the banks sometimes use to justify their charges.

 

Please read the forum material. It is there for your benefit and is the result of a lot of work and thought.

That is why you are here after all.

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  • 2 weeks later...

Hi,

 

This sounds very silly as my letter says "you have 40 days to comply" but is this 40 working days(8 weeks) from when they received the letter? or 40 straight days?

 

They received the letter on the 2nd of March - when should I start legal procedings if I don't receive the data?

 

The original letter I sent is in this topic that I started http://www.bankactiongroup.co.uk/forum/viewtopic.php?t=834

 

Thanks in advance for any advice,

 

Ian

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This has been asked and answered many many times.

 

Also the information is contained on the Information Comissioners website which is linked in the library

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Hi Ian

 

Bankfodder is right, your question is answered throughout the site, but in particular have a look at the FAQ. This and many other answers are there. Once you submit your DPA, the bank have 40 days including weekends, holidays etc, so 40 straight days.

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This is my first post.

I have read the FAQ's section and couldn't find the answer.

I have sent my DPA off yesterday (15/03/06) to my branch via recorded delivery.

I only found out about the £10 charge a few minutes ago whilst reading the FAQ.

 

Do I send the letter again with a cheque for £10?

Is there a template letter for this?

 

Many thanks

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This is my first post.

I have read the FAQ's section and couldn't find the answer.

I have sent my DPA off yesterday (15/03/06) to my branch via recorded delivery.

I only found out about the £10 charge a few minutes ago whilst reading the FAQ.

 

Do I send the letter again with a cheque for £10?

Is there a template letter for this?

 

Many thanks

You clearly haven't read the FAQs if you are asking this and you clearly haven't read the forum material either because if you had, you would undersatnd that you are hijecking someone else's thread which causes problems for everyone on the forum.

 

Please read the material - it may take a couple of days and please then start our own thread. We will be pleased to help you.

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  • 3 weeks later...

Hi,

 

I just received the standard letter from Halifax saying they are sorry I am unhappy, this was after I sent the letter to claim the money back, so I guess this means I have to start a claim on http://www.moneyclaim.gov.uk

 

I have some questions, thanks for any help in advance...

 

1) I have two accounts which I wish to claim these unfair charges back, do I start two claims? or one? The total I want to claim for including interest is just over £1200.

 

2) I read the guide notes for the claim on thread http://www.consumeractiongroup.co.uk/forum/showthread.php?t=634 and it says about having a contract with the defendant dated XXXX - I haven't got a clue when this was for either of the accounts, so a) should I re-write this so it dosent mention the date? please help with this? or b) do I need to know the exact date? Where can I find that out?

 

Thanks again for any help,

 

Ian

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You can also file the forms at your local County Court which makes the layout easier. You can claim for the 2 accounts quoting both account numbers. You don't need the dates you started the accounts. There is a link in the library to downloadable Claim Form N1.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Hi,

 

I have started my claim against Halifax PLC and it is now issued(4/4/2006) but there is a link on the website that says "Start" It takes me to a page saying "Judgement - select type of judgement" - what do I choose or do now? I thought I just had to wait for Halifax's response to my claim...

 

How long do they have to reply?

 

Thanks for any help,

 

Ian

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You'll have to wait until their deadline expires,

 

if you press start then select a type of judgement it will just say "you cannot request judgement at this time"

 

Hope that helps

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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Normally 14 days from issue date

 

Or, if they have filed acknowledgment of service its 28 days

 

Have you recieved an AOS?, also it will change from Issued to Acknowledged on moneyclaim.

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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  • 3 weeks later...

Hi all,

 

I just had a letter from Halifax, well dated 28/04. It says the normal stuff about the charges being fair and it would cost them more to defend the claim, it goes on to say "For this reason, but without admission of liability, Halifax is willing to reimburse "1220.49 in respect of the bank charges incurred and the interest that you have calculated was charged on your account as a result of the charges. The halifax will also reimberse £120 in respect of the Court fee. I have arranged for £1340.49 to be refunded to your account..."

 

I notice that on the 27th I had a cash deposit of £1005.00 in my account - this was what I calculated the total of my charges were.

 

What do I do?

 

They ask me to write to the Court saying that this has been setled.

 

Has it?

 

My first thought was to give them annother working day and if the rest of the balance hasnt appeared then to call saying I will write to them when I receive the rest or I'll let this go to court - is that sensible? or have I got what I'm gonna get now?

 

I'm pretty happy but how do we donate now the book fund has closed? I'd like to give something...

 

Best Regards,

 

Ian Mitchell

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Donate button coming up soon.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=5987

 

However, in the mean time, would you complete the survey; when they finally pay up in full?

 

http://www.consumeractiongroup.co.uk/survey.php

 

It only takes a few seconds, and it really does help to boost peoples confidence when they see how much/many people are getting their cash back.

 

Dave.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

------------

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Your case is only settled when you have received the sum in full.

 

For speed, you might wish to call the abnk and ask where the extra money is. If there are any problems, do not close your court case.

 

Finally, a donate button will hopefully be coming soon, so keep coming back to find it! and your help is also needed to let people know that it can be done, so you can become actively involved in responding to queries and giving your own experience.

 

Well done!!

  • Confused 1

..

.

 

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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Very odd,

 

I called and the girl who answered sayed that Katie who wrote me the letter had left!

 

Anyway she took my name and number and said she'd call me back soon - what do you recon, will I get a call back?!

 

Regards,

 

Ian

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