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    • The boundary wiill not be the yellow line.  Dx  
    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  So brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details so first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it ,this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025 so slightly longer than the original tax set up so all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. So I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled so I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
    • That doesn't look like clacton ... Former Brexit Party leader Nigel Farage buys coastal home in Lydd-on-Sea WWW.KENTONLINE.CO.UK Former Brexit Party leader Nigel Farage bought a coastal home in the county, it has been reported.  
    • It's not a private road.  It's a small public street (with Resi houses) that leads into and from public road/ highway. The garages have land in front of the doors.  Then there's a yellow line. So there's a clear marker on what is private and what is public.  These people keep parking on the private land side
    • Do you also own land the garages on and the private road? Or is it shared freehold with right of access to all freeholders or why?  Dx  
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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 
      • 81 replies
    • 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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amartin1908 v Halifax ***SETTLED IN FULL***


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Hi and Welcome

 

You can claim back all penalty charges ,ie when you have gone overdrawn, yes bounced direct debit . you can't reclaim for the likes of a service charge you pay monthly for having a certain type of account.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Thank you all very much - watch this space - i should be able to take all forum members on their holidays if i get mine back lol

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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Thank you all very much - watch this space - i should be able to take all forum members on their holidays if i get mine back lol

 

:lol: can I bring the wife too?

 

mechs

:) 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.

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Thank you all very much - watch this space - i should be able to take all forum members on their holidays if i get mine back lol

 

If you are going to be reclaiming over £5,000 then use the search facility and look for sever as there are implications to claiming over this amount

 

keep us posted and I'l pack my case ready ;-)

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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  • 4 weeks later...

Bit of an update and a question for you all......sent off DPA request - had customary response stating statements will follow, and that they have no obligation to record interaction on your account etc etc.....however I was at my branch today, querying something with the manager, and I noticed that there are notes on my account - if they refuse to give me this info can I press for it????

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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You can do a full SAR asking for any information held about you, including notes and copies of letters etc.

 

If you do this, make sure you let them know you do not wish it to include details of charges on the account (which you will already have from the original SAR) - this is because they can refuse 2 similar requests in a 6 month period.

..

.

 

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.

 

 

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I am still waiting for bank statements - however, they are still banging charges on! When I put my request in for the total amount to be refunded, its not going to include all future charges that they are making! How can I remedy this? Do I have to ask them to freeze all future charges

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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I doubt they will freeze anything, but you can amend you claim totals along the way, after Prelim, after LBA and before court action.

..

.

 

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.

 

 

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Right neither of my two subject access requests have been fulfilled. Both my cap one credit card and halifax bank ones have been ignored. Received acknowledgement letters stating htat statements would be sent seperately.....but neither have done so.....and when I ring them, I am advised that there are no notes on my file regarding any of this!!!!!! They both refuse to let me speak to a manager so i have blown my stack once or twice. Never mind - information commissioner here I come!

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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I suggest you follow the templates on DPA. Using the Court instead of information comissioner.

 

If the 40 days have passed send LBA giving 7 days.

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Quick update - apparently the Halifax wrote to me on the 19th requesting payment of £5 as they cannot process my copy statements without it!!! I drew their attention to the fact that a cheque was sent with the original DPA letter to cover this cost, and that they cashed it at the end of June!!! The poor lad was highly embarassed! Anyway - copy statements will be with me within 5 days - that will be outside of the 40 day time limit but if i have them by friday, I will let it slide.

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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Hassled the bank again today and guess what......still not been processed and yet again they dont seem to understand what i am talking about! Well 40 days is up!!! Off to kick some ass

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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  • 2 weeks later...

Quick question - just about to send off prelim letter together with list of charges, yet today I have received two notification letters for charges being applied to my account in one weeks time. As I have been notified of these charges in writing can I add them to this list now, or do I have to wait until they physically hit my account?

 

Many Thanks

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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Quick question - just about to send off prelim letter together with list of charges, yet today I have received two notification letters for charges being applied to my account in one weeks time. As I have been notified of these charges in writing can I add them to this list now, or do I have to wait until they physically hit my account?

 

Many Thanks

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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Quick question - just about to send off prelim letter together with statement of charges, however, today i received two letters notifying me of charges that are going to be applied to my account in one weeks time. As I have had official written notification of their intention to debit these charges, can I include them in my statement of charges now, or do I have to wait for them to actually physically apply them to my account?

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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Well it doesn't matter. They won't pay on preliminary letter anyway so you can add it to LBA or court claim. You could say "repay xxxx plus and pending charges" in your preliminary approach but I wouldn't worry too much.

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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UJust checked out spreadsheet and it shows as examples, bounced DD etc...but my bank statement just states charges as notified!! Is it ok to use this descriptive term on my spreadsheet?

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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UJust checked out spreadsheet and it shows as examples, bounced DD etc...but my bank statement just states charges as notified!! Is it ok to use this descriptive term on my spreadsheet?

 

I havent had a response to the above as yet - can any of you kind people out there help me on this?

 

Thanks

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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