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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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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.

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      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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HBOS a CCA - now +30 days


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hi everyone,i'm a new member and

 

 

i live and work in the birmingham area

 

 

.like many others my wife and i have picked up some bank charges over the years

 

 

but we are now trying to get back some of "our" money.

 

 

we have sent off letter one to the halifax and

 

 

they have replied in the negative so

 

 

we are about to fire off letter two.

 

 

we are also studying six years of accts from lloyds but there are a couple of items i'm unsure of,

 

 

can we claim back overdraft interest or overdraft excess fees.

 

 

if anyone can give me some advice i'd be most grateful.

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Hi, and welcome.

 

In order to reclaim your unlawful bank charges, you will need to know what you're doing. This site is about self-empowerment, and even though we will help you as much as we can in the process, it is up to YOU to take charge from now on. :-)

 

Please read the FAQs, please read the step-by-step, then read as much info as you can on the relevant bank forum.

 

Please start a thread in the correct bank forum, and post your updates and queries which haven't been answered elsewhere (and most of them have!) on that thread.

 

As regards o/d interest, you can only reclaim the part of the interest that arose from the charges, not from you using the o/d. O/d excess fees, yes, you can reclaim them.

 

Keep us posted!

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hello everyone,we have just completed and sent off the letter giving halifax seven days to reply and are now looking towards lloyds tsb.with regards lloyds should we itemise every single item and how do we justify claiming back overdraft excess charges..thanks.

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hi there,

 

have you read through all the faqs, letters etc??

what do you mean by justifying excessive charges?? it is them who should be justifying the charges (which they wont).

 

if you have all the dates of charges taken out of your account and what they are for you will need to do the spreadsheet for when you file in court/moneyclaim (you dont add interest until you actually file though)

 

do you know how much you have been charged??

 

sorry if it seems dumb but i do not like to assume.

 

lisaxx

  • Confused 1

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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hi everyone,we have sent off the letter giving halifax seven days to respond before taking action,the time expires today so if nothing comes in the post tomorrow we will instigate a claim.could someone let us know how to go about this and how do we term the claim.

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Hi Joe

 

Its time to start your own thread in the halifax forum as this the welcome forum for your first post and you will get a faster responce to any questions:)

 

Please stick to one thread so it helps us to know where you are and what you have done so far and you can always find your posts in the USERCP on the bar at the top of the page;)

 

Good luck and you will find most of your answers in the FAQ's and step by step

 

Welly:)

  • Confused 1

DONT FORGET TO DONATE TO THIS SITE WHEN YOU WIN THANKYOU

If you dont it wont be here:x

 

Let battle commence!!!!!:mad:

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

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  • 5 weeks later...

You can try for an ammendment to the claim which costs 35.00 and is not reclaimable.

It is likely to hold up the case though and may even have to be re-submitted.

Have a word with your local court or if Moneyclaim call Northampton CC

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ts,ts,ts...

Why didn't you ask if you didn't know?!:-|

 

Good luck with what you're claiming back, anyway.

-Warms (Alexandra)-

---------------------------------------------

Whatever I post is just my opinion, no more, no less!:!:

.....................................................................

NatWest=>settled in full, no strings!:D

NatWest creditcard=>settled in full, no strings!:D

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  • 10 months later...

Write and tell them that. Tell them that the account is now unenforcable and that they must not

 

1. ask you for payment

2. add any charges or interest to the account

3. pass on any information about the account to any third parties

4. put any marks on your credit rating relative to this account.

 

Tell them that, if they take you to court about this account, their non-complaince with the CCA 1974 is a complete defence. tell them that, as far as you are concerned, the matter is at an end.

 

Copy the letter to the OFT and your local Trading Standards.

  • Haha 1

 

 

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