Jump to content


  • Tweets

  • Posts

    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • An update - Still receiving emails and letters - but have been getting text messages too. nothing aggressive just asking me to get in touch.    the text makes it look like it from the bank on first glance - it reads -   'the banks name' would like to dicuss our recent communication...etc... then lists IDR phone number and email FYI - reporting them as spam
    • Hello, After seeing all of the posts about BMW on here I really wish I hadn't even considered them! I bought a used car from them over the weekend, one specifically which had a reversing camera and cruise control in the advert. I was foolish at the time of purchase and didn't check to see these functions work on the test drive (totally my fault). Now that the car is home I've checked and checked and neither of these functions are available. I even checked on Parkers and it seems that no Skoda Kamiq '21 models come with any parking cameras at all. When buying the car, I was told all that was needed was 'Four signatures and £500' to secure it. I was never shown any of the documents, and instead the sales rep opened a box on his iPad and asked me to sign. He had been complaining about the length of time some customers take these days all throughout my time with him. (Again) foolishly I signed. In my email inbox I now have four attachments from BMW, one of which is my signature under a letter which basically says that the cars don't need to match the advertisements online, or have any of the features that a sales rep talks about. I realise that I've made mistakes in not doing my due diligence here, but thought I might as well ask the experts here if I have any rights left to claim that the car was miss-advertised, or if I unknowingly signed them away? Thanks in advance
    • where was this PCN:? please complete: pers i cant see the point in an sar yet await/if they ever send a letter of claim. as long as you've not moved since 2022 you are OK to totally ignore . dx  
  • 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

Rob v Halifax ***SETTLED IN FULL***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6297 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

I would reply to the address on the letter you just received. Mine was the same i sent my initial letter to trinity road, but my reply came from a Customer Relations in Leeds.

However I got a standard letter to say they were dealing with my complaint, followed a few days later by a further letter with an offer in it, I then replied with my Letter Before action. Give them the 14 days then LBA them, looking at your posts it appears that if you posted on 16th june i would go from monday 19th which means they still have till monday 3rd july to reply.

But am sure moderators will put me right. I just wanted to make sure i followed the timescales advised.

Hope this helps

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

Link to post
Share on other sites

  • Replies 78
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Correct-a-mundo

 

Wait for 14days as per the letter and then submit the LBA. Go with the new address in Leeds.

..

.

 

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

The s69 interest is not included in the small claims limit, so you're OK.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

Link to post
Share on other sites

Whilst 'track' is not affected by the interest, the court costs are. So a claim such as this would still qualify for small claims track, but would actually cost £250 to issue.

..

.

 

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

LBA posted last week.

 

Reply i got today is same reply as the one i got after pre lim letter.

 

" "When you opened your account you agreed to be bound by our banks acount conditions. These give us the power to impose charges on customers accounts. Customers are told about these charges in line with both our account conditions and the Banking Code.

I appreciate that you are unhappy with the amount of the individual charges that have been applied to your account. However, there is no dispute over our right to make charges, or the circumstances in which we impose them.

I an therefore unable to consider your request to refund the charges on your account."

 

Is this the standard reply?

 

I take it i should ignore this letter and in 7 days time issue the court claim?

 

Thanks

Link to post
Share on other sites

Yes - standard reply, so just stick to your timetable.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

Link to post
Share on other sites

If that is their final answer on the matter, and it looks like it is (for now:D ) then there is nothing to stop you filing the court claim or moneyclaim now! The sooner you file, the sooner you'll get your money! you can keep the last letter they sent as proof that they were unwilling to negotiate.

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

Link to post
Share on other sites

That's correct. You should be able to satisfy the Court that you have allowed ample time (28 days) to settle without their intervention.

..

.

 

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

  • 2 weeks later...

Hi.

 

I personally would not bother giving them an extra 7 days.

 

Its very unlikely from mine and other cases on here they will even bother to respond in this time let alone settle.

 

You set the timetable in your LBA and they choose not to refund so ignore them and get on with the claim.

Link to post
Share on other sites

Actually the extra 7 days is for my benefit. My claim went over the £5000 so its gonna cost me £250 on moneyclaim. No money this week. :mad:

 

 

Also, are there any examples of the wording used on moneyclaim, seen a few on here but the wording varys.

 

 

Thanks

Link to post
Share on other sites

how is there only £27 worth of interest on a £5k claim ?

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

Link to post
Share on other sites

I think you should recalculate using the spreadsheet (think 8% per annum from the date of each charge) you will find it is WAY more than £27.

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

Link to post
Share on other sites

Now you've confused me!!

 

The £27 is for interest on the charges? What do you mean, exactly?

Are you referring to overdraft interest, that was caused solely by the charges?

..

.

 

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

Now you've confused me!!

 

The £27 is for interest on the charges? What do you mean, exactly?

Are you referring to overdraft interest, that was caused solely by the charges?

 

Erm think so...

 

The £27 is interest on penalties.

The £267 is 8% on penalties.

 

Another question....

 

Im gonna be away for 2 weeks in 2 weeks time. If i wait a week to submit moneyclaim and then they say they'll defend (which seems to be the norm), i should be back by day 21 of the claim. This sound ok? I will have internet accesss when im away.

 

Rob

Link to post
Share on other sites

Sorry, another quick question.

 

When submitting final claim including all the interest charges, what charges do i add on from the spreadsheet?

 

Ive got : 8% on penalties £267 / interest on penalties £26 / 8% interest on penalties £1.90

 

Do i add them all onto final claim?

 

Ta

Link to post
Share on other sites

YES to question 1.

 

and

 

YES to question 2. - though I would write it as

 

PENALTIES CHARGED xxxx.xx

INTEREST ON PENALTIES CHARGED #26.00

 

then

 

8% INTEREST - 268.90

 

 

 

do you think ?

 

 

Thanks.

Link to post
Share on other sites

unlawful penallty charges

:) 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

a schedule of the charges must also show the interest and the calculations for each charge .So the answer is no.You can send the prelim while you are working out the schedule but then you must include it with your LBA .

 

ie :

 

02.09 2002 £20 Over Draft excess fee + interest at 8% at XX P x 1307 days =£XX

You do this for each charge but do not claim the interest until you issue a claim into court

 

 

I am sorry to hijack this thread but the only way this post would make any sense would be to use the quote in relation to this thread...

I have been reading this thread with interest but this quoted post confused me. On one hand it seems that mjanet is saying to send a schedule of charges with including the 8% interest with the LBA and then the last line says not to claim interest until you issue claim.

i thought i had this process clear in my head after reading the FAQ's and many posts but i think i have now gone wibble.. :confused:

5th Jul 06 - Prelim sent to Halifax

20th Jul 06 - LBA sent (no response)

7th Aug 06 - Offer of £297 recieved. (declined offer)

10th Aug 06-revised date to submit moneyclaim (financial constraints prevented this action)

1st Sep 06 - Moneyclaim filed and issued

1st Sep 06 - recieved 2nd offer of £892 (after claim submitted)

5th Sept 06 - moneyclaim Acknowledged online

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...