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    • 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
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Missy v Halifax ****WON ****


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Right after yrs of complaining about my charges and coming across the Martin Lewis article about this site, I have sent my initial DPA letter by email to Halifax tonight.

 

Cant be honest in that I understand all the processes involved in claiming this money back (seems to have gone right over my head some of it), but will just take it a step at a time and see what happens.

 

I suppose after requesting my money back from them, I still have the choice at that stage whether or not to take court action (although I more than likely will).

 

Quite nervous about taking on such big organisations... not good for a summissive person generally!

 

Anyways,

 

Good luck to you all.

 

Missy

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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If you don't undersatnd tthe arguments and the processes then stop. Read as much as you can for as long as you take until you do.

This is not a get rich quick scheme.

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Sorry, I obviously didnt make my self to clear in my ramblings. I do understand the aguments thoroughly, just theres so much information (which is obviously an outstanding thing) and some of it... i.e the legal side and quotes were a little bewildering.... I thoroughly understand it in lay terms that people have written about.

 

I have and never have thought of it as a get rich scheme. I see it as a legal way of claiming my money back that I was duped into thinking I legally owed over the years. It will take as long as it takes.. I just expressed a little anxiety at the prospect of it getting as far as court but if thats what happens... ce la vie.

 

 

Missy

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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Just highlighted to myself the reason for the PREVIEW button below...

 

It was meant to have read 'I dont and never have thought of it as a get rich scheme.'

 

 

:roll:

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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Hi there,

 

I decided to email because just thought it would be faster than posting a letter (I end up carrying letters to be posted for weeks in my bag before actually getting to a post box).

 

I noticed another member had emailed using the Online Service so I did it this way too as I couldnt find any other direct email addressess.

 

If you log onto Halifax Online Banking, then use the Contact Us option there's an option to email right at the bottom of the page. You have to fill in their standard form but you can copy and paste your letter into the box provided.

 

I havent had a reply yet (but only sent it last night) but the other member seems to have had a reply this way.

 

Hope this helps.

 

Missy

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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Hi Missy,

 

I understand how your feeling aprehensive, it took me a while before i decided whether to go through with this or not, but after reading the site for a few weeks i knew i had to do it.

And its a step by step slow process so you know what your doing at each step, if you have any questions i'm sure people will help you out on here!

 

Good luck

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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  • 4 months later...

Right an update. :)

 

After sending my initial DPA letter by email in March I never recieved a reply from them. Work and life sorta took over then and I put this onto the back burner for a bit.

 

But I knew I had to claim my charges back, I couldnt just let it drop, so on 6th July I posted a new DPA letter to them, and monday 17th I recieved the reply saying my duplicate statements have been ordered and will be sent under seperate cover.

 

I now await them with great anticipation :)

 

Fingers crossed.

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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  • 4 weeks later...

Well forty days were officially up tomorrow (friday) so Monday I emailed Halifax and reminded them of this and that if I hadnt received my statements by this time I would have no choice but to report them for non-compliance. And guess what... by 1pm special delivery today (Thursday) they magically appeared!

 

Have'nt had chance to go through them yet, but from a quick flick through don't think there's as much as I'd originally thought..but as they every penny counts and its MY money!

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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glad you got your statements. 40 days are up for me and am now half way through the 7 days waiting before i take court action to get these

DPA Halifax Acc 1- 27th June 06

Acknowledement - 14th July 06

Request of payment from me - 21st August 06

Rang them stating paid charge for statements - 21st August o6

Told me they would be sent out next day - 21st August 06

DPA Halifax Acc 2 -29th August 06

DPA Barclays - 29th August 06

DPA Halifax Visa - 29th August06

DPA Halifax Acc 2 - received 30th August 06

DPA Barclays - received 30th August 06

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I wish you luck moony. Keep in there :)

 

Well after totalling up my charges (which aren't distinguishable at all just 'Charges as Notified' they all add upto £872 which is more than I thought from the first flick through!

 

Tomorrow will just do a second total up, and then will sort out my first letter to them and see what happens...

 

Missy

 

(p.s Could a mod change my thread title to MissyvHalifax please?..Thanks :) )

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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Right, after reading and reading and reading other people's threads I think I'm ready to send my preminlary letter requesting my charges back.

 

My main concerns were that all my charges were only identified as 'Charges as Notified', but from other threads I've read, it doesn't matter and that I just list them as this- the same way as the Halifax have- in my schedule of charges.

 

My other concern was calculating any interest they may have charged on my unlawful charges and distinguishing this interest from the lawful interest, but again on reading around I've seen it mentioned (by Micheal Brown i think..sorry if thats incorrect :)) that its OK to not worry about calculating this if the claim isnt a large one for ease? It was this inparticular that was making my head spin and spin.

 

Any encouragement or advice greatly appreciated :) :)

 

Missy xx

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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Agreed. It is complicated and some people here have chosen not to bother, as it may not amount to very much.

 

It's your call.

You could just calculate the 8% interest on your charges as per the spreadsheet. But remember to omit your claim for interest from your prelim and LBA letters. This is added only when you file your claim at Court.

 

Hope that makes sense.:)

Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o

Abbey 2 Prelim Letter sent 22/09/06

Abbey 2 LBA sent 9/10/06

MCOL 03/11/06

Cap One Prelim sent 28/06/06 - LBA sent 13/07/06

MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06 :D :D

Halifax Prelim sent 03/07/06 - LBA sent 17/07/06

MCOL issued 03/08/06 - settled in full 09/08/06 :D

MBNA S.A.R sent 21/08/06 Settled 21/09/06 :-o

Morgan Stanley S.A.R sent 29/09/06

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The choice whether to claim overdraft interest on the penaly charges or not is up to you. But this seems to cause more headaches and worry, and more mistakes than any other single issue,, especially to those who aren't used to spreadsheets, which is why a lot of people don't bother.

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Thanks to you both for confirming that..am off now to right my preminlary letter :)

 

A quick question though, do I have to do the schedule of charges on the speadsheet now ( I know that its minus the 8% interest page at this point) or can I just include a breakdown of charges this way:

 

31/05/2003 Charges as Notified £28.00

31/07/2003 Charges as Notified £48.00

19/11/2003 Charges as Notified £30.00

 

and so on, or wouldn't this look professional enough?

 

Thanks in adavnce,

 

Missy xx

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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I would say that as long as your charges are listed in a coherent and logical way, it shouldn't matter how you send them.

 

Just my humble opinion...

Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o

Abbey 2 Prelim Letter sent 22/09/06

Abbey 2 LBA sent 9/10/06

MCOL 03/11/06

Cap One Prelim sent 28/06/06 - LBA sent 13/07/06

MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06 :D :D

Halifax Prelim sent 03/07/06 - LBA sent 17/07/06

MCOL issued 03/08/06 - settled in full 09/08/06 :D

MBNA S.A.R sent 21/08/06 Settled 21/09/06 :-o

Morgan Stanley S.A.R sent 29/09/06

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Well posted my prelim yesterday and checked today its been recieved, so they have until 5th September to respond before my LBA. :)

 

I wont hold my breath...

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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good luck missy, you're a day in front of me

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Thanks Brad and all the best to you too :)

 

Keep me informed how your doing... I'm sure we'll both be celebrating very soon (fingers crossed emoticon)!

 

Missy xx

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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Received an acknowledgment to my letter yesterday which is quite quick for Halifax since they only received it Tuesday.

 

Unlike some other people's that I've read, mine doesn't state a time lengh in which they reply (i.e 4 weeks) but just that I'll receive a response from a Customer Relations Manager within Core Business.

 

Will see what happens next...Otherwise LBA going out on 5th Sept.

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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Ok, decided to bite the bullit and started filling in my details into the advanced excel spreadsheet template.

 

I'm ok with the charges section on the left but its the interest section that confusing me to death.

 

I have inputted all the interest debited from my account over the years but not sure its correct.

 

It states on my statements 'Interest Debited' and 'Interest Debited-Notified Last Month'. I have included both these into the spreadsheet? Basically, the end yellow section 'Interest on penalties' is a total of all these debits?? I thought that it was suppose to calculate the interest from the day I was charged till now? Or is that just the 8% interest that does that?

 

Also how many of these 'Interest Debited' amounts do I add on the claim? Is it just till the date of the last penalty charge made on my account? As I'm still incuring interest every month now, which is obviously the lawful kinda interest? I'm obviouly finding it very difficult to distinguish btween which id lawful interst and which is the interest on the penalty charges.

 

I'm sure its much easier than I'm making it out to be but after sitting here for past 6 hrs its drove me crazy!!

 

Also, when I click on the 8% tab its just showing 'REF!' under Penalty Charged and 'VALUE!' under 8% on Penalties for the Totals.

 

Help!

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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