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    • If you are buying a used car – you need to read this survival guide.
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    • 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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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Rascal v Halifax - **WON**


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for those that paid the £10 fee via cheque through post - how long did it take for Halifax to clear this payment and send statements? - i sent the letters via special delivery and it was signed for 2 days ago although the signature is not available via Royal Mail website for up to 72 hours.

 

Thanks!

 

they returned my cheque within 2 days saying on this occasion they would not charge me for my statements. good luck

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Just a small update...

 

Had a letter back on Friday (23/06) from Alan [can't remember surname] - said my statements had been ordered and would follow under separate cover. Said they had no obligation to provide details of any manual intervention - presume this is just a standard reply that everyone receives.

 

Am just waiting to hear the same from the Woolwich and HSBC.

 

Halifax still haven't processed my cheque though and there was no mention of it in their letter?

 

Am now just waiting....

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

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i was sent my statements in a week and was told by halifax who returned my cheque to destroy it. my charges on my current account worked out at £2136 i have now put in for the refund this all took one week. do you know if i am able to claim charges back on my halifax credit card as well? thanks for your response hope mine helps you

sharon

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From looking at other people's threads I would say yes you can definitely claim on your credit card as well.

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

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well good luck with your claim i am going to try the visa as well as i have phoned recently saying i am in a difficult position at the moment but the charges keep coming. they are making my life a misery i have even put my house up for sale to get away from it all had enough fighting with everyone to survive they just want more and more. never mind. i will keep you updated as i seem to be ahead of you at the moment. got job application to fill in i failed the interview after passing the tests:( . so i try again

will be in touch soon:confused:

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Awww I hate to hear of anyone in this position - my husband and I entered into an IVA last year as we were in dire straights - had I have found this website before then we could have saved ourselves probably!

 

Have you tried extending your mortgage term to 35 years - we have done this to cover my maternity leave and im saving around £200 a month. When these b'stards give me back some of my cash we should be in a really good position.

 

Goodluck with whatever you try xx

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

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i was just wondering, i have printed off all my statements off my online banking for the last year and a half high lightening all my charges then putting them on a excel spread sheet breaking them down how many i have had in thoose months, then used the letter putting my details in with the amount of chrages ets. Is that sufficent enough to try and claim them back, what i mean is is it ok putting copies of my statements in highligting the charges then enclosing the summery i have done myself ? thanks

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hi yes i think that is ok. when i recieved mine i wrote dates and amounts on a different sheet and returned it with a letter of this site to ask for refund, they are not stupid they know what we want our money back in full. like many we have done the manual work to highlight the damage they have done, if they **** around we can put 8% extra on them. i have remortgaged twice got charges on the mortgage account for late payments so i cancelled my direct debit as i on weekly pay and they charged me £50 for doing so my credit rating so bad no-one wants to know but i have plenty of equity in my house i can sell and buy smaller. after i had a little hols with my refund a week end break sounds heaven

its the satisfaction more than owt

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thanks, i know there are cheeky ***** cant belive the amount hey charge you its stupid, i have alread opened another bank account so thats ok but just need to get this done and sent off so i at least feel like ive done something about it yey!

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Hi

 

Can you tell me how to post comments etc. Have started trying to claim and just cant seem to find on this site how to post questions etc.

Thanks

 

Well you seem to be doing ok on my thread... get off!!!!! - no seriously, you just create a new thread, pretty much the same as you did just then...

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

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update:

 

still waiting! ;) patiently...

 

tick tock tick tock...

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

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Received my statements today from Halifax - I can hardly wait to get home and start totting them all up :) .

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

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Yes its very therapeutic adding up all those charges!! The worse you have been financially in the past, the better you feel. Its great!:-D

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

 

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I'm a tad confused as to the amount I put in my prelim letter to the Halifax though as regards the amount they owe me. I know by looking on their website that their interest rate is approx 28.8% on unauthorised overdrafts etc. I intend to use the table someone posted to calculate this. But... at different points in the last few years my overdraft has equated to different amounts - e.g. at one point it was a £250 overdraft then went up to £1000 then down to £750 and now it stands at £400 - so am unsure as to how to calculate any interest owed.

 

TBH I think the charges are going to amount to a fair bit so the little bit of daily interest might only be a simple amount - although fair enough it is mine and Im entitled to it.

 

Am I correct in thinking I don't even mention the 8% calculation of interest until I have to go through Moneyclaim or would I put this figure in the LBA?

 

Sometimes on my home PC (its very tempremental) - I cant access the spreadsheet - is it ok to just send a word doc with similar columns i.e. date of charge/type of charge/amount etc. and put it in word table form and send like that?

 

Also on my statements it often just says something like "account charge as notified" - will I need to go back and find out EXACTLY what the charge was for?

 

Ta

 

R

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

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You are right in that you do not need to calculate interest until your moneyclaim or court claim. Although there is no harm in telling the bank in writing that if the charges are not refunded in full, you will be claiming not only the charges, but also the interest and legal fees.

 

It is my understanding that you can refer to each charge as it would appear on your statement (i.e. 'Charges as notified') when you are listing the charges for court or online claim and there is nowt wrong with using word or another program to compile your table, so long as it is neat and easy to read.

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

 

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I am absolutely GOBSMACKED. Just sat down and worked out our charges.

 

£2471.00 just charges

 

£2668.68 (with 8% interest)

 

There is 96 pages worth of statements to go through and my eyes are a little fuzzy from all the number crunching but me and HB are going to sit down tomorrow night and actually go through it again and again and again just to make sure. Our account has only been open since 16 January 2003 so god knows what it would have come to had we gone back a full 6 years. :eek:.

 

I was rather wreckless before meeting HB so am hoping that my Woolwich account comes back with much of the same - although Im reckoning at a guess it will be no more than £1000.

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

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Some of my charges on the statements simply say charges as notified but one a couple of them are for over £100 - I can only presume that I was charged for 3 things on one day and they have taken it out in one go but obviously I won't be able to provide the court with a breakdown of this - is it ok if I just put what I see on the statement?

 

Also, they still haven't cleared the cheque that I sent them for the DPA letter? - maybe they are waiting so it bounces and they can charge me just one more time for old time's sake?!

 

The Woolwich are the same, they have sent me a letter saying that they will deal with by 25/7 but still not sent statements/breakdown of charges or charged me the £10?

 

Once I have sent off my prelim letter I have to wait 14 days - I get that bit. If they respond before this point with a partial settlement do I have to wait for the end of the original 14 days before sending the LBA or do I just go ahead at that point and send the LBA?

 

Thanks v.much.

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

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i broke mine down from charges as notified thats fine. i dont think they will cash the cheque but stay aware. as i have had the response within 14 days i can get cou.rts involved the 14 days is a guide line for them not us. i think it will be down to halifax to explain the charges and break them down we just ask for the amount we rightly want back must admit i am lost at this point about how to get it to court if you can get me any info that would be great then i can give you step by step feed back. need to find someone who has had get lost good will letter

he he all all load gob**** but i bet it puts some people off

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Returning to the question of interest. You can add on the interest that Halifax has charged you for any overdraft that was caused by the charges that they put on your account. This total amount is what you state you are reclaiming in your preliminary letter and letter before action. Then when you put in your moneyclaim you can charge the interest of 8% on that total using the spreadsheet to do the calculation.

 

Good luck!

17/5/06 - Halifax -preliminary letter sent

31/5/06 - Halifax - LBA sent

15/6/06 - claim filed

6/7/06 - SETTLED IN FULL £3,306 + £859.95 interest

13/7/06 - Abbey Credit Card - Data Protection Act letter

10/8/06 - Abbey CC Rec £150 gwj £192 oust.

13/8/06 - Abbey CC - prelim letter sent

28/8/06 - Abbey CC - LBA

18/9/06 - Abbey CC - Settled in full - £200 paid

 

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nice one was not sure at what point i should add this 8% as that comes to £176 looks like i will have to go to my local county court to pick up a n1 form or i might try it on line i know you get the money back but i will have to fork out £120 to take them stil no pain no gain. think i will have to phone a friend and get some support here i will buy them a drink lol or two how many they can manage til they drop

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Im just about to send my prelim letter to the Halifax using the template letter in the library. However, I want to include a line or two about the fact that I am not at this point claiming the daily interest but I will claim the 8% if it goes to small claims. Is this the correct kind of wording?

 

....If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. I hasten to add that should this reach the small claims court I will be claiming the daily interest charged on the account for the period of charges and 8% plus Court costs.....

----

I can't believe my charges come to £2501. I'm really shocked.

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

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I received my statements back from a guy called Alan or Adrian Percy something like that - and like a complete DONUT I've left the letter at home - has anyone else had a response from a guy that sounds anything like this one? If so, can I have the address please?

 

Do I send my prelim letter to the person that sent out my previous communication?

 

Ta

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

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No .... it's probably a made up name anyway... if you send everything to the Halifax address (HQ) then there won't be any problems... if it needs to go somewhere else, let them do the work.

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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