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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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    • 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.
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    • 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 
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    • 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
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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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Claims based on bad credit rating as well?

tigertree

By tigertree
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tigertree

tigertree

Posted
Posted

Hi all,

 

Couldn;t find the answer to this one on the site.

 

I got defaulted a few years ago during a lean patch and subsequently had a choice of mortages severely limited, meaning my repayments are higher than what I could have had on other products.

 

In essence it has cost me thousands due to my credit rating being affected by unlawful bank charges. Anyone experienced/tackled this issue? Does anyone know of any precedents about this?

 

Wonderful site, discovered it today and wil lbe send out my first letter tonight. Wish me luck.

 

Tigertree

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natalie

natalie

Posted
Posted

Sorry I dont know the answer to your question, but welcometo the site and good luck in your claim.

 

I'm sure someone will be able to help you more and will answer shortly.

 

Natalie

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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DJ Damo

DJ Damo

Posted
Posted

I dont think you would be able to get anything from the banks for that. as said seek some legal advice but dont expect the answer to be what you want to hear.

Damo V HSBC - £981.50

Claim filed : 6th June

Claim Ref: 6QZ36353

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tigertree

tigertree

Posted
  • Author
Posted

I was just following my train of thought when I realised that I can get my money back lawfully.

 

Its bad enough being made to feel like a naughty school child by going over the overdraft limit, but I felt it begged the question as the effects were a lot more far reaching than just the bank charges themselves.

 

I won't hold my breath on this one, I'm just exploring possibilities for when I've sucessfully kick some bank butt.

 

I may have to put the higher mortgage rates down to experience, and change mortage when I am able to I suppose.

 

Thank you for you humble opinions, they all count!

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caro

caro

Posted
Posted

Hi and welcome. Assuming that you are talking about the defaults being at least partly caused by bank charges, I would suggest that you start off by claiming your charges, including asking for any defaults to be removed, which is what lots of people are doing. (See FAQ's and template letters). This is fairly straightforward and has been achieved by lots of people.

 

Once you have done that, if you wanted to take it further, I suggest you keep looking on the site to find others in your position. (I am sure there are some!) You could do another claim for the difference in interest on your mortgage as a result. I can think of at least two of the moderators who are very experimental in what they will try and claim, and everyone will try and help. How far do you want to go........:rolleyes:

 

Anyway, good luck.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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jonni2bad

jonni2bad

Posted
Posted

Hi tigertree, welcome aboard.

 

What would help us to determine your chances of removing defaults would be to know the precise figures involved.

 

What amount were you defaulted for?

 

At this stage, what level of charges had been imposed?

..

.

 

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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alanfromderby

alanfromderby

Posted
Posted

To answer your original question. If you had to get a mortgage with a higher interest rate as a direct result of a default due to unlawful charges, then you have a claim under section 10 of the Data Protection Act, and you can claim damages through the small claims court.

 

I would suggest you deal with the claim for charges first, and then when that is resolved start an action for the DPA damages.

 

If you need any assistance with this when you get to it then let us know.

 

 

 

 

 

 

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caro

caro

Posted
Posted

I thought you might be interested in this one Alan. (Alan is one of those I was thinking of Tiger Tree).;)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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tigertree

tigertree

Posted
  • Author
Posted

Thank you for all of your input so far, it's so heartening to know that there is a potential for recompense, with the great support that is available.

 

I sent my DPA letter to Natwest Last night regarding the last six years dealings. Forgive me if I am taking a cautious approach at first, and focussing on just my Natwest account for the time being until I am fully conversant with this process.

 

Rest assured, If there are any grounds for chasing the credit record issue and knock on effects, I will be pursuing this further when I know where I stand. I would be happy to share the minutest detail with everyone when I do this also. I have found so much on valuable information on this site, I cannot understand how I could not succeed!

 

I'll post a new thread when I am ready to tackle this, in the meantime, power to you all.

 

Tigertree

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hondamad21

hondamad21

Posted
Posted

Hi tigertree,

Just wanted to wish you the best of luck !

I am in a similar situation, where due to a default applied by Egg based on illegal charges, I have had problems with mortgages :evil: . I am now trying to get the charges back and default removed. :)

So. . .yeah good luck and keep us up-to-date . . .

Hondamad21 :)

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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caro

caro

Posted
Posted

You take things at your own pace. You are now taking control of your own finances, and nobody else can dictate what you must do. You've made a good start.:)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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xfox

xfox

Posted
Posted
To answer your original question. If you had to get a mortgage with a higher interest rate as a direct result of a default due to unlawful charges, then you have a claim under section 10 of the Data Protection Act, and you can claim damages through the small claims court.

 

I would suggest you deal with the claim for charges first, and then when that is resolved start an action for the DPA damages.

 

If you need any assistance with this when you get to it then let us know.

 

Can you let me know how I do this? HSBC have been telling Experian that I have been late at making payments. HSBC made futher overdrawn by putting on the charges.

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