Jump to content


  • Tweets

  • Posts

    • oh well i wonder what new fake documents they have made up then...for them to try this.... just to check nothing funky like Link have filed an n244 to lift the stay and strike out her defence....she hasnt moved since last court comms has she?   is this an n24? bit unusual for a 13mts stay to just be lifted... has she not received anything from link/kearns in the last fw weeks like a docs bundle? bit like this thread... https://www.consumeractiongroup.co.uk/topic/466576-lc-assetlinkkearns-claim-form-2-mbna-cc/?do=findComment&comment=5256397  
    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
  • Recommended Topics

  • Our picks

    • 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
        • Like
  • Recommended Topics

somefriendly v halifax -battle starts


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6108 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

Hello -update time -got a letter saying sorry but we arean't giving you your money back, as expected so its lba next .

In the step by step instruction it says you still wait 14 days after one of these letters before an lba -does anyone know why as after all they have replied now and surely i can move onto the next step. Has anyone out there gone ahead before the next 14 day deadline?

 

Yes i know i'm impatient !!!!! but i have other virtues -honest:)

Link to post
Share on other sites

  • Replies 77
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • 2 weeks later...

hi -thanks mizz/tilly for that -i do appreciate you help and support.

 

Question. in my Lba i obviously add on the charges (i like to think of them as savings now) i have had since my prelim letter but do i have to stick to this figure when i money claim in a couple of weeks or can i add more if i get any more subsequent charges -

 

Tilly -did you splash out on that new car with your 'savings'

Link to post
Share on other sites

you can keep adding any more charges to your claim up till you file it at court.

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...

well its all up in the air now isn't it !! september mountain biking in a california aint going to happen now-damm!! wonder how long this test case will take -bet they give the banks £12-00 for all fee like credit cards! -so that will be 12 of all charges and possibly re-submitting of all action????????????

Oh well i shall continue my action when the lba is up -about the 4th of august. I have been reading that the good money is on all action being stayed but you never know.

  • Haha 1
Link to post
Share on other sites

Hi all -got a letter today from the Halifax saying that there was little point continuing action against them oft test case blah blah blah.. I am still going to file and i expect a stay but i have been reading up a bit about the waiver given by the fsa and oft and as far as i can make out, if your in financial trouble the waiver does not count. Now unfortunately i reckon i fit that part of the waiver -any views on this? Should i put something in my n1 to try and preempt a stay? I have read on other threads that you can sort of politely 'remind' judges of points of law just in case they 'forgotten' them

 

Any ideas on how to proceed ?????????????

Link to post
Share on other sites

thanks tilly -(angel tilly) been reading up and some courts seem to be carring on as normal and if everyone keeps claiming it will cost the bnaks loads just to try and stay everyones claim so i can see that large smirk across they faces after the oft anouncement turning to a frown soon

Link to post
Share on other sites

Is there any particular reason you are expecting a stay?

 

Most courts are still paying out, you could alway phone your court on monday to find out.

 

I cant see any reason not to continue with your claim.

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

Even if it did, there is plenty of advice on what to do if you need it.;)

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

hi all, i know i have slowed down a bit, i have been reading the new particulars of claim on here. It seems very long -is that ok? Also my claim is exculsivly for charges for unpaid dd etc with no overdraft charges etc. So should i put the whole new poc on mine or try to amend it to reflect just bank charges .

Also I could not seem to get my charges all on one spreadsheet, so is it ok to have one with xx amount and another with xx amount and just say the two list add up to xxx etc. It now also says on here somewhere that not to use mcol. Can you still use the claim form (pdf file) print it of and then take it to the court??

Thanks for the help.

 

PS..theres a list of MP's written to about the cosy and unfair way the fsa, oft and banks have got into bed and decided to issue the wavier. Please give it a go!

http://www.consumeractiongroup.co.uk/forum/general/108984-list-all-mps-written.html

Link to post
Share on other sites

hi all, i know i have slowed down a bit, i have been reading the new particulars of claim on here. It seems very long -is that ok? Also my claim is exculsivly for charges for unpaid dd etc with no overdraft charges etc. So should i put the whole new poc on mine or try to amend it to reflect just bank charges .

Also I could not seem to get my charges all on one spreadsheet, so is it ok to have one with xx amount and another with xx amount and just say the two list add up to xxx etc. It now also says on here somewhere that not to use mcol. Can you still use the claim form (pdf file) print it of and then take it to the court??

Thanks for the help.

 

PS..theres a list of MP's written to about the cosy and unfair way the fsa, oft and banks have got into bed and decided to issue the wavier. Please give it a go!

http://www.consumeractiongroup.co.uk/forum/general/108984-list-all-mps-written.html

 

 

Yeah, I was in same situ and used the template, but am saving bit about only claiming for unfair charges and unauthorized overdraft has no relevance to test case for application for removal of stay as my local court is applying blanket stays. Somebody prob be along soon with more (better ) advice.

http://www.consumeractiongroup.co.uk/forum/abbey-bank/107696-courts-carrying.html

 

take a look here, may help you some.

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...