Jump to content


  • Tweets

  • Posts

    • Hello, hope you’re all well.   Just an update.    We still have the vehicle, the agreement hasn’t been defaulted or terminated yet (even though we’ve not made any payments since January).    After a lot of back and forth, the finance company agreed to pay for an independent inspection at a main dealer BMW workshop.    Workshop came back and the vehicle has £6,350 worth of urgent repairs, everything from rear brakes being worn to the point there’s no pads left, rear differential bushes are degraded completely, and of course the big one, the timing chain mechanism is defective and needs replacing, technician also stated that it’s best to have a new clutch fitted to the vehicle as the clutch is heavily worn and the gearbox will be detached from the vehicle so it makes sense to put a new clutch into the vehicle to avoid having to do this again in 5,000 to 10,000 miles.    Finance company has been really patronising and has said that they will only pay for the timing chain repair, and this is as a good will gesture without any admission of liability as they are of the opinion £5,000 timing chain replacements are “wear and tear”, even though BMW has admitted it’s defective and are contributing to the repair, I’ve declined this on the basis it’s not “good will” to withhold a repair for 7 months and try to pass it off as “wear and tear”, I want the finance company to admit they were wrong.    Finance company is refusing to put right the rear brakes (which the vehicle cannot be driven unless they’re done because the condition is dangerous, having seen the video of the rear brakes I’m disgusted at the condition they are in), the finance company will not repair the rear differential and will obviously not put a new clutch into the vehicle, expecting me to make £1,500ish in repairs out of my own pocket.    I’m unwilling to pay for any repair to this vehicle as we have had 4 months of use age out of it, it cost £8,000 and already has £6,350 worth of urgent repairs required, this clearly shows it was not fit for purpose, not as described and not of a satisfactory condition.   Finance and supplying dealership are refusing the rectify the poorly done paint repairs that have peeled off both the front and rear bumpers, even though these were pre-agreed and part of the condition of sale.    Financial Ombudsman Service has not yet ruled on our dispute, however I now have an independent report that shows the vehicle was not fit for purpose, and the finance company/dealership should have repaired it when I made the request under s.23 of the CRA 2015 back in November 2021, they acted unlawfully and unfairly in refusing this, and refusing to carry out my rejection in January when they failed to repair the vehicle.    I’ve written back to the finance company refusing their proposal to have just the timing chain repaired, as I disagree with the premise of it being out of “good will” and “wear and tear”, I also believe that they are liable alongside the supplying dealership for other defects that could not possibly have occurred due to my very limited use of the vehicle. 
    • The banking giant has declined to comment on media reports that Stuart Kirk has been suspended.View the full article
    • Are we to assume that the asthma is not new and your employer fully infomed about this. 
    • right so you being abroad or informing SLC you were Abroad as the last address plays no part in this at all, thread title updated. total red herring.   your case is the same as numerous ones here already which you need to READ  type in erudio backdoor CCJ in our enhanced google searchbox. get reading a good few of the threads that search points you too.   your mistake is you returned to the uk, you failed to update your debt owners of a change of address as legally you are obliged too, and you got a backdoor CCJ.    your issue now again is the same as most of the threads you'll read, your SLC loans were last deferred to SLC before the gov't sold them to erudio in 2013. that means that the court claimform was issued more than 6yrs after your last written acknowledgement of the debt and thus was already statute barred.   can't see any point in an SAR to anyone.   just ring northants bulk and quoting the CCJ number from your credit file ask for a copy of the particulars of claim ANd the judgement CCJ by email pdf   dx  
    • and neither can drydens hence their twaddle.  and you need to remember that places like cab and ndl etc are funded by the banks and the DCA's in commission payments for signing people up to dmp's without ever questioning the debts enforceability under the cca 1974.   your n244 already has the background..   The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.        
  • Our picks

Haigh 74 V's Halifax **WON**


haigh74
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5423 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

After reading a reply i decided to make my own thread.

 

This is where i am up to now....

 

I sent a letter on 7th March which was a template letter from the website, i enclosed a cheque for £10 for the cost of the statements. I still have not heard anything yet the 40th day is 15th April. But i recall this letter just went first class, not recorded, im not sure if i should send the letter out again with a copy of the other letter attached or just wait till the 40 days are up and try again, does anyone have any advice.

 

Cheers

 

Michelle

Link to post
Share on other sites

Hi Michelle,

 

Why not give them a call and see if they've recieved the request. We did and it spurred them on to sending the statements out on time.

 

Good luck with your claim

 

Steve

Halifax - paid out without getting to court - £250 WON - no intention of going, stated too costly!!

Halifax no 2 account - paid out without a fight - (by mistake, £1650 - should have been £1200 - had to pay some back)

Link to post
Share on other sites

Give them till monday, as they can argue the 40 days arnt up yet. Petty i know, but this way you look more understanding if it goes further.

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. .

Link to post
Share on other sites

Stuck now, i have looked at the templete letters and not sure which one i am sending as i have not heard anything and the 40 days are up, they have cashed my cheque, the letters i have seen had a space for me to put in the amount they owe me but i do not know that amount so i can't send that one, can anyone help want to sed it today.

Link to post
Share on other sites

Hiya,

 

Once you dont recieve the statements within the 40 days, then send this. Letter 3...

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Also a phone call can sometimes remind them, especially if they know you are prepared to go to court for them.

 

This seems to ba a reasonable number at the minute.

08457 253519

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. .

Link to post
Share on other sites

After 40 days of not hearing from The Halifax, i sent them another letter giving them 7 days notice to send me info. I received a letter from them yesterday within the 7 days, which i was suprised at, the letter is as follows..

 

Thank you for your recent complaint. Im sorry to hear you are unhappy about the charges which have been applied to your account . One of my colleagues will carry out a full investigation of your complaint.

Our commitment to you is that we will repond to your concerns as the earliest opportunity. However, we do want to ensure that the issues you raised are thoroughly investigated. If for any reason, we are unable to respond fully to your concerns within the next 4 weeks we will write to update you of our progress.

 

Then loads od blurb is getting a third party involved.

 

What do i do? Wait 4 weeks, or can i go back to them?

 

This is just for one account quote to account numbers to them and they have only quoted one back to me.

 

Any ideas??:confused:

Link to post
Share on other sites

Try ringing this lady she was very helpful to me when I was hitting a brick wall.

Jacqui Mackenzie

Senior Customer Relations Manager

01383 426821

 

Regardless of what she says/offers send this from the library too.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

the more people that complain about them not conforming to the DPA law the better it will be in the future.

 

If you read through my previous saga there are loads of contact details and also a couple in the present one.

 

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.

Link to post
Share on other sites

[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.

Link to post
Share on other sites

if you sent the SAR noncompliance LBA then you should be starting procedings. your in control now not them. when have they ever given you any leaway?? never?;)

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

Link to post
Share on other sites

  • 3 weeks later...

After sending my letter to the Halifax on the 7th March i finally got a reply on Friday. I had to send them a reminder letter in the meantime as i had not heard from them after the 40 days. Then i got a letter saying they would reply in the 4 weeks and they did. I got a list of charges!! Is this right, can i ring and ask for statements or just accept them. Am i taking them that they are all just bank charges and nothing else, and can i add interest on to these amounts.

 

I was very dissapointed with a list, how do i know that they have addedd all the charges.

 

Any help would be great.

 

Thanks :confused:

Link to post
Share on other sites

You are entitled to receive that statements that you originally requested-you could use the list of charges that they have sent but my question is how do you know that what they have sent is correct?

 

I would go back an demand that they send the statements to you-mention the fact that they could be held in breach of the Data Protection Act if they not comply.

PPMAN159

 

If this comment has helped please click on the scales.

Link to post
Share on other sites

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. .

Link to post
Share on other sites

  • 3 weeks later...

I sent a letter to the Halifax over 14 days ago asking the my charges with a list of the charges i want paying back.

 

They have not replied after asking them to reply, so now i have a letter that i am going to send today, saying if they do not pay up or respond in 14 days then i will start court proceedings, if they say right go on then what do i do, how do you go about getting a court date, it reallty scares me, i hope they don't go that far. I would call them but i am not a very confident person and would worry that i would not sell my case very well.

 

Any help would be great

 

Thanks

Link to post
Share on other sites

Just follow the giude lines on here. You will be fine.

Send your Lba letter, you will prob get a letter saying no go away, standard letter. Ignore it.

 

Then in 14 days you will be ready for court. When that happens you will get all the help you need. Dont worry. :D

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. .

Link to post
Share on other sites

  • 2 weeks later...

I got a letter this morning after months of writing letters and waiting.

 

The last letter i sent was asking for the amount and giving them 14 days as the letter i sent before that asking for the money they ignored it. (again!)

 

What is the next step, please advise me i don't have time to look for the answers on all other emails at the moment.

 

All help would be fantastic

 

Thanks

 

Michelle

(very angry):-x

Link to post
Share on other sites

Hi

I'm presently spending hours trying to find the same answer, but have not found it yet. I've had a similar letter.

I'll let you know what I find.

Good luck!;)

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

Link to post
Share on other sites

if you have sent your letter before action its now time to take them to court n1 or mcol mcol you can do on line

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

Link to post
Share on other sites

Hi Michelle

 

Halifax did the same to me too, with 2 separate accounts that I have with them. Reading the other posts, I believe this is Halifax's new tactic.

 

I have filed a summary cause against them for 1 account and for the closed account I had with them I have forwarded it onto the Finacial Ombudsman to deal with. I would suggest that you start court proceedings or send it to FOS.

 

Hope this helps

 

Tracy

Link to post
Share on other sites

Hello again

Its in templates- particulars of claim. Sorry but I do not know how to do those linky type of things which would have been quite handy in this situation. I am going to practise it sometime.

Good luck

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

I've been around just a tad longer than Kenny (;) plus had instruction!;))

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

Link to post
Share on other sites

Thanks for the reply. I am feeling really daft about all this at the moment but i have to make sure that i get it right.

 

I fill all the info in on the N1 form?

 

Where is says value - i am just claiming charges do i delete where it says overdraft etc..?

 

In particulars of claim - do i just fill in where it is red and delete other words as appropriate.

 

I live in Leeds so do i just put Leeds - how do i know which court to send it to

 

I keep a copy, send one to the cour and i sent one to the Halifax is this right?

 

At the top of the page i am filling in it says In the..... and on the sheet i printed out for help filling it in it said At the......... is this the same thing. Sorry to sound so thick but i want to get it sent off this week.

 

i also need to send a cheque for £120 as i am cliaming £1340, will they cash this??

 

Thanks, any help would be great....:-|

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...