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    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
    • Just be careful with your language on what you post here - Keep it above board Lets see what you send to the big boss. 
    • I made that payment on 13th Feb, then it all went down hill. 
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    • 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.

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      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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Declining your complaint - Halifax ***WON***


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I've been checking FAQs and threads since receiving response tonight, some very similar, but my decline letter (quotes below) seems to be more off putting and gives several reasons to stop (but guess that' the idea)

 

First post, sorry if it's a bit long winded - is it really just a ploy and I should carry-on regardless with LBA:confused:

 

 

"Carried out investigation....charges have been correctly applied to your account"

 

"when you opened your account, you agreed to our t&cs which explained that charges would be applied if you did not keep to terms of the account..... This information formed part of your agreement with us and we have applied them strictly according to the terms agreed"

 

"we apply these charges because when customers have insufficient funds in their account to cover a payment.....this means additional work for us. As a result we feel it is reasonable to charge for this service"

 

"you have asked us to explain how we calculate thes amount of charges....this is commercially sensitive....cannot provide this information"

 

"You referred to the guidelines on credit card default charges issued by he OFT. As the guidelines do not apply to bank account charges, I cannot comment in connection with your concerns. The guidelines are about default charges which people must pay when they break the terms of a credit agreement with the lender. The charges that you are asking us to refund are our fees for the additional work that we carry out when a customer requests a payment without sufficient funds in their account"

 

"If unhappy can refer my concerns to Financial Ombudsman Service (FOS)"

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Yes carry on regardless...;)

  • Haha 1

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  • 3 weeks later...

No response to LBA, so guess it's time to send N1

 

I appreciate the 8% Interest under s.69 County Courts Act 1984 is calculated within spreadsheet.

 

But I'm unsure how to calculate "overdraft interest" or whether I need to claim this. How is it calculated?

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  • 2 weeks later...

Like many others I've now recieved my gesture of goodwill letter from the Halifax, in which they offer only half the amount claimed. I was given a direct telephone number and got though staightaway to the Customer Relations guy, who was pleasant but firm and stressed the charges were fair, reasonable and applied correclty, but to avoid any futher inconvenience and as they value our relationship they were prepared to refund the full amount of charges incurred (double their goodwill gesture figure). I've actually declined this offer, based on if I pursue through the court I'm entitle to 8% interest - but am I right?

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If they have offered you the full amount you have asked for then you should accept it as you have won!

 

You cant claim the 8% until you get to the court stage, and it wont look good in court if they know you have been offered the full amount you asked for and turned it down.

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. .

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Thanks to Sea-SideLady, I've now reconsidered the offer and accepted the full amount in settlement of my claim against Halifax.

 

That's another success

 

Thanks to everyone for the advice

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CONGRATULATIONS..!!!!

 

Glad to see another win. Well done. :D :D

 

Do you have any others to go after??

 

Dont forget to do the survey

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

 

And maybe a donation..??? ;)

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. .

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Hi, this is my first post although I have been reading the threads & updates regularly on the site.

I have recieved my gesture of goodwill letter from the Halifax offering half the amount I claimed. However, they state 'Thank you for confirming acceptance of our offer', I have not accepted anything. They then state 'I am pleased to enclose a cheque for this amount in full & final settlement of your complaint', but there was not a cheque enclose with the letter??? I then recived a second letter exactly the same as the first offer letter, but this time a cheque was enclosed. Now this is the best bit, the cheque had not been signed...helloooo. My local branch, who by the way had closed my account 6 months ago without informing me, said he as the branch manager had no authority to sign the cheque. I would have to send it back to the head office who issued the payment, who would then send a replacement. I now am very confused as to which letter to send when I return the cheque and decline the offer. I almost, due to personal circumstances accepted the offer, had the cheque been signed I would have done just that.

What next???? HELP:confused:

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Hiya Sammy,

 

You need to start your own thread so you can get any help you need, as its easy to get lost in someone elses thread.

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=9

 

You need to send the rejection letter, tear the cheque in half and return it.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

Letter 3.

 

You dont need to accept this, they will pay up.

Im not sure how far into your claim you are.

I look forward to seeing your thread.

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. .

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!!!! Congratulations !!!!

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!

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