Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

  • Our picks

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

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • 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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Dissident v Halifax ***SETTLED IN FULL***

Dissident

By Dissident
in Halifax and IF successes

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6545 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

Dissident

Dissident

Posted
  • Author
Posted

Thanks guys, I've just submitted my Money Claim Online forms and paid the court fee, so fingers crossed I'll get a good outcome! Will keep you all posted! :)

 

One more question though:

 

"If you are claiming online, wait until you have confirmation of the claim starting and then send in 2 copies of your list of charges to the court, clearly marking them with your claim reference number."

 

Ok, but how do I know the address of the court to send the list of charges to? All I got at the end of the Moneyclaim form was a reference number!

Halifax Bank Account - Prelim letter sent 15/5 :roll:

LBA sent 30/05 :o

No reply so Money Claim form submitted on 16/6 :confused:

Halifax intend to defend 24/6 :mad:

Charges refunded 29/6 :D

Link to post
Share on other sites
  • Replies 60
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Guest blindman

Guest blindman

Posted
Posted

The address is:

 

Address

 

Money Claim Online,

Northampton County Court,

21-27 St. Katharine's Street,

Northampton, NN1 2LH

 

It's also on the Claim you submitted in the top RH corner.

If you log into MCOL and click on the Claim column

You can view the details for any of your claims, once they have been successfully issued, simply by clicking on a status below.

 

Then click on the View Your Claim Request link on that form a PDF appears with all the details. You can print this if you want.

 

IMHO if you have already sent a list of the charges and when they were applied in either the Prelim or LBA letters I wouldn't bother sending the info to court.

 

If the Halifax need the info the legal dept will ask you for it (giving you 7 days to send it)

Link to post
Share on other sites
Dissident

Dissident

Posted
  • Author
Posted

Many thanks, that was really helpfull! Much appreciated! I've had a chance to navigate around the court services site now, and have viewed and printed my claim off the pdf doc.

 

I didn't originally send a list of the charges when I wrote to my bank, I just sent the letter. So I will only send them into the court if they ask, or should I do it anyway? Cheers again, this is all very nerve racking!

Halifax Bank Account - Prelim letter sent 15/5 :roll:

LBA sent 30/05 :o

No reply so Money Claim form submitted on 16/6 :confused:

Halifax intend to defend 24/6 :mad:

Charges refunded 29/6 :D

Link to post
Share on other sites
jonni2bad

jonni2bad

Posted
Posted
IMHO if you have already sent a list of the charges and when they were applied in either the Prelim or LBA letters I wouldn't bother sending the info to court.

 

Because some banks have been stalling specifically because of this point.

 

Sending a list to the bank does not mean that it will then be forwarded to the legal department involved - HENCE THE REASON I SUGGEST SENDING THEM.

 

2 copies.

 

To the court.

..

.

 

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.

 

 

Link to post
Share on other sites
Dissident

Dissident

Posted
  • Author
Posted

OK great, I shall pop 2 copies of my spreadsheet in the post to the Northhampton address! Thanks again everyone!

Halifax Bank Account - Prelim letter sent 15/5 :roll:

LBA sent 30/05 :o

No reply so Money Claim form submitted on 16/6 :confused:

Halifax intend to defend 24/6 :mad:

Charges refunded 29/6 :D

Link to post
Share on other sites
Guest blindman

Guest blindman

Posted
Posted
Because some banks have been stalling specifically because of this point.

 

Sending a list to the bank does not mean that it will then be forwarded to the legal department involved - HENCE THE REASON I SUGGEST SENDING THEM.

 

2 copies.

 

To the court.

 

No need to get snippy :)

 

 

I disagree.

 

From my personal experience:

 

First claim:

Did not send list of charges before filing a claim.

Legal dept who were handling the claim sent a letter asking for details, I faxed them the same day. They paid up.

 

Second claim:

Sent list of charges with both Prelim and LBA

Filed claim.

They paid up.

Link to post
Share on other sites
Dissident

Dissident

Posted
  • Author
Posted

It seems everyone has gone about it a bit differently, but I'll just send the list to the court in case they ask for them anyway, that way its done and hopefully it will all be fine!

Halifax Bank Account - Prelim letter sent 15/5 :roll:

LBA sent 30/05 :o

No reply so Money Claim form submitted on 16/6 :confused:

Halifax intend to defend 24/6 :mad:

Charges refunded 29/6 :D

Link to post
Share on other sites
jonni2bad

jonni2bad

Posted
Posted

I disagree.

 

From my personal experience......

 

Which is fine - sharing personal experiences is what drives the whole site forward. We get to see the little things that banks do which would otherwise be missed.

 

However, there is every reason to get 'snippy'. Moderators base their comments on the experiences of the whole site, and it is this which drives the advice/policy where necessary. In the experience of many users, the banks will wait until a file is claimed, and then state that they have not been furnished with the full facts (a breakdown of the charge refunds being requested).

 

You and I know that the banks may have received one, but the court doesn't.

 

So it is not a problem to share your experiences, as I have said, it is actively encouraged. But it can become a problem if you start to advise users to do something completely opposite to the advice that has just been given by a moderator.

 

This is not because we are 'holier than thou'.

 

Perhaps, in future, if you disagree with a comment, you could simply ask "why?" and then the moderator could explain to you in greater detail.

..

.

 

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.

 

 

Link to post
Share on other sites
mechs

mechs

Posted
Posted

I agree Jonni on the banks worming their way out of it but disagree on one point ....we actually took 3 copies to the court :lol:

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites
Dissident

Dissident

Posted
  • Author
Posted

Sorry I didn't mean my thread to cause a heated debate, lol! :p

 

As everyone seems to be agreeing about sending the list of charges, what does everyone think of this covering letter to the court? I'll send it with the charges.

 

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

 

 

Re: CLAIM REF: 6********

 

Dear Sir/Madam,

 

I recently submitted a claim on the Money Claim Online website, claim reference number: 6********. The claim is regarding unfair bank charges which I would like to be refunded.

 

I enclose 2 copies of the list of bank charges. Should the defendant choose to defend, and requires a breakdown of the charges, then you will be able to provide them. I also enclose a copy of my online claim for your reference.

 

I look forward to hearing from you soon.

 

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

 

Sound ok?

Halifax Bank Account - Prelim letter sent 15/5 :roll:

LBA sent 30/05 :o

No reply so Money Claim form submitted on 16/6 :confused:

Halifax intend to defend 24/6 :mad:

Charges refunded 29/6 :D

Link to post
Share on other sites
mechs

mechs

Posted
Posted

Sounds ok to me but .........I think I will pass .....dont want the wrath of the mods on me ........... pmsl (only joking Jonni)

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites
Guest blindman

Guest blindman

Posted
Posted
Which is fine - sharing personal experiences is what drives the whole site forward. We get to see the little things that banks do which would otherwise be missed.

 

However, there is every reason to get 'snippy'. Moderators base their comments on the experiences of the whole site, and it is this which drives the advice/policy where necessary. In the experience of many users, the banks will wait until a file is claimed, and then state that they have not been furnished with the full facts (a breakdown of the charge refunds being requested).

 

You and I know that the banks may have received one, but the court doesn't.

 

So it is not a problem to share your experiences, as I have said, it is actively encouraged. But it can become a problem if you start to advise users to do something completely opposite to the advice that has just been given by a moderator.

 

This is not because we are 'holier than thou'.

 

Perhaps, in future, if you disagree with a comment, you could simply ask "why?" and then the moderator could explain to you in greater detail.

 

EDITED - Please refrain from personal remarks

 

After DONATING to this site (one of the Few I believe) AND offering good advice to lots of satisfied users, I get this response!

 

I did put IMHO, which was based on personal experience.

 

You've just LOST a supporter.

 

BYE

Link to post
Share on other sites
Dissident

Dissident

Posted
  • Author
Posted

OK cheers everyone! The covering letter has been printed and the list of charges is in the envelope ready to send to the court.

 

Now I guess we just have to wait.......... I hope they don't want to defend, I don't feel confident enough to go to court or anything! :eek:

Halifax Bank Account - Prelim letter sent 15/5 :roll:

LBA sent 30/05 :o

No reply so Money Claim form submitted on 16/6 :confused:

Halifax intend to defend 24/6 :mad:

Charges refunded 29/6 :D

Link to post
Share on other sites
Dissident

Dissident

Posted
  • Author
Posted
After DONATING to this site (one of the Few I believe) AND offering good advice to lots of satisfied users, I get this response!

 

I did put IMHO, which was based on personal experience.

 

You've just LOST a supporter.

 

BYE

So sorry if I caused an argument : (

 

I am very grateful for any advice and you have all been very helpfull!

Halifax Bank Account - Prelim letter sent 15/5 :roll:

LBA sent 30/05 :o

No reply so Money Claim form submitted on 16/6 :confused:

Halifax intend to defend 24/6 :mad:

Charges refunded 29/6 :D

Link to post
Share on other sites
jonni2bad

jonni2bad

Posted
Posted

Hi Dissident, the letter seems fine.

 

You are certainly not to blame for the above, so please don't feel in any way responsible.

 

The user in question should really know better and I doubt, reading the latest response, that they understood the concept of my remarks.

 

However, best of luck with your claim - don't let this put you off.

..

.

 

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.

 

 

Link to post
Share on other sites
mechs

mechs

Posted
Posted
I agree Jonni on the banks worming their way out of it but disagree on one point ....we actually took 3 copies to the court :lol:

 

Grrrrrr at my stupidness here, I did missread your thread and that was so silly of me please Jonni forgive me for putting in that we let the courts have 3 copies we filed in person which I think is different than filing throughmoneyclaim ...........I do stand corrected if I am wrong

 

My sincere appologies .....

 

I tried to lighten the subject by putting in the part about the wrath of the mods I could see where that was going and tried to calm things down

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites
Dissident

Dissident

Posted
  • Author
Posted

Right guys, just to keep you all updated - my money claim online has now been acknowledged, and apparently the bank have 28 days to reply. Is this the usual progress for nearly a week after filing a claim?

Halifax Bank Account - Prelim letter sent 15/5 :roll:

LBA sent 30/05 :o

No reply so Money Claim form submitted on 16/6 :confused:

Halifax intend to defend 24/6 :mad:

Charges refunded 29/6 :D

Link to post
Share on other sites
jonni2bad

jonni2bad

Posted
Posted

Yes - they have 14 days from the date of service in which to Acknowledge. If they do, they have 14 more days to submit a defence (28 in total).

..

.

 

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.

 

 

Link to post
Share on other sites
Dissident

Dissident

Posted
  • Author
Posted

I got the letter from the court today stating that Halifax intend to defend their case. Arghhh! I'm getting scared now!

 

If I don't receive a letter from their solicitors with a settlement amount (eg. I win), does this mean I will actually have to go to court? I don't feel confident to stand up and state all the legal stuff, I don't understand it well enough!

Halifax Bank Account - Prelim letter sent 15/5 :roll:

LBA sent 30/05 :o

No reply so Money Claim form submitted on 16/6 :confused:

Halifax intend to defend 24/6 :mad:

Charges refunded 29/6 :D

Link to post
Share on other sites
jonni2bad

jonni2bad

Posted
Posted

That's correct.

 

Keep an eye on your account as the money will probably appear there before you receive a letter stating that they are settling.

 

Read it carefully - make sure they pay for the daily rate of interest since the claim was issued - it might not be much, but it's yours!

 

Best of luck

..

.

 

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.

 

 

Link to post
Share on other sites
Dissident

Dissident

Posted
  • Author
Posted

Cheers guys, guess its just a waiting game now! Lets hope I win! :)

Halifax Bank Account - Prelim letter sent 15/5 :roll:

LBA sent 30/05 :o

No reply so Money Claim form submitted on 16/6 :confused:

Halifax intend to defend 24/6 :mad:

Charges refunded 29/6 :D

Link to post
Share on other sites
Dissident

Dissident

Posted
  • Author
Posted

Hello all,

 

I am bursting with excitement as I think I've won!!!!

 

Just loggeed on to my internet banking and low and behold - nearly £1000 is sitting in my account! Amazing!

 

Obviously I am assuming I have won, as I've heard nothing from the Halifax since submitting my claim, despite getting the Court Acknowledgement letter saying that they intend to defend! Does anyone know when I am likely to hear from the Halifax or their Solicitors then?

 

I am no longer in my overdraft for the first time ever, and it feels good! Won't last though, as this is going straight back on my credit card. Still, I am so pleased!

 

Thank you all for your support and helpful advice! I shall fill in the survey when I next get a moment!

 

UP YOURS HALIFAX! WHOOOOOOOO! :D

 

PS. I couldn't figure out how to change the title of this thread to: I'VE WON so apologies if it isn't clear!

Halifax Bank Account - Prelim letter sent 15/5 :roll:

LBA sent 30/05 :o

No reply so Money Claim form submitted on 16/6 :confused:

Halifax intend to defend 24/6 :mad:

Charges refunded 29/6 :D

Link to post
Share on other sites
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6545 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

Guest
This topic is now closed to further replies.
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...