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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
      • 160 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

Help required on Bank Charges whilst on benefits **SUCCESSFUL OUTCOME**


JP08
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Hi Michael

 

I have not got access to a scanner but this is what it says.

Thank you for your recent enquriy on share information held on your account.

I can confirm that we are currently investigating this matter with Nationwide on your behalf.

A notice of dispute has been added to the relevant entry on your file and if we are unable to resolve this dispute within 28 days. The entry in question will be suppressed from your file until a satisfactory resolution is reached.

In the mean time, if I can be of any further assitance please write to me etc.

Sorry, I should have said suppressed before, but to me if no one can see it it means the same thing. I sent all 3 the letter about notice on defaults on bank charges alone.

JP

 

Heck I don't want to sound cynical but this is a common reply. Within 28 days Nationwide will say what they want to say and it all starts again. I will reiterate that CRA's cannot alter entries themselves as their clients (who pay dearly) have full control. After 28 days I bet it'll be back unless there is proof.

My suggestion is that you get 'in writing' from Nationwide that they will remove erronous 'default' entries made. Only then will you have the upper hand and control. Now get them to apologise to you too!

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Hi Citizen B

Thank you for this, I will send them the letter you advised. I do not know the logic in what they have said either.

Michael, in answer to your questions, yes the intial £20 overdrawn was before xmas, not sure how long, but it had not got to the debt collectors until after the £100 had been paid to the account and I had written a leter to the bank stating about bank charges and the social security act 1992 section 187, which says they cannot take charges from his benefits as it is money he will need to live on . Their refunds department sent a means form which of course would only be for his JSA payments. And I sent that back to them. The reply was what I had put in my first entry.

 

The savings account is called a smart account, money can be paid in by any means to it, but he cannot have direct debits etc. the flex account they are talking about is only a basic one and should not have an overdraft on it anyway. So the fact that they let it go overdrawn in the first place is weird. I have not heard back form the Debt Collectors who I believe are in house anyway yet on the letter of dispute. Will cross that bridge when and if they come back.

 

I will send off this letter and see what they come back with now

Thank you both for your help !!!

JP

Section 187 is about assignment of debt and is not applicable to bank charges since it is not an assignment. It doesn't apply to bank charges, however nationwide may look at this as hardship since he was on benefits and the charges specifically have caused the issue.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi

My son received another letter from the bank stating that they have refunded all of the bank charges and they appologise for not having looked at this fairly before. The Account has been closed and the 2 debt collectors called off. There is no longer any debt and so I will wait a bit to see what the credit reference agencies now come back with as to his credit file entry.

Thanks JP

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Hi

My son received another letter from the bank stating that they have refunded all of the bank charges and they appologise for not having looked at this fairly before. The Account has been closed and the 2 debt collectors called off. There is no longer any debt and so I will wait a bit to see what the credit reference agencies now come back with as to his credit file entry.

Thanks JP

 

Blimey you are lucky so congratulations are in order! I wish HSBC would take that line with me instead of their continous robotic drone arguments. It'll be nice to see how fast they go with the entry removal. It's a shame you had to do so much both financially and mentally to make this happen - even worse that they've not refunded the extra you paid.

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Hi Michael

 

Thank you, I was supprised as well. What I wrote on the complaint letter was that he did not have any money to live on let alone pay bank charges on bank charges. Which is true because Job seekers are not paying him at the moment, due to a problem their side. I think it finally went to someone that felt sorry for him. Regarding the extra money, he has put in a claim under the unfair bank charges and no doubt will get it back when the court case is over. They have acknowledged that request.

I wish my problem would be so easy, that is still ongoing.

I hope your problem gets sorted soon.

JP

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  • 2 weeks later...
Hi

 

Got letters back now from the 2 debt collectors both saying that they have been instructed to close the account and that there is no longer any debt.

Just waiting on the amendment to his credit rating now.

JP

 

Well congratulations again - believe me, you are in the minority to have this kind of success. :D Make sure you 'keep an eye' on the CRA stuff but remember unless you enrol in something ongoing you only see a single 'snapshot' of the files they hold. Each call for the CRA file has a charge. One of them charge £69.99 but for that you get advised of file changes and can call a new file whenever you like - for 12 months.

Again sincere congratulations to you! 8)

Michael

Edited by InformedSearcher
Missed the 12 months bit

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Thanks, about time I had some luck... yes, I am keeping an eye on them, they have disapeard like they said, but will monitor incase they come back

 

Hope you get a result as well shortly :)

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Would you like your thread to be moved to the "success" forums now.:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Consider it done.:D

Edited by citizenB
title amended to reflect successful outcome.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It seems that the Limitations act is to be reformed later this year (Civil Law Reform Bill) and its likely the period CRA's can hold data on your file will be a max of 3 years for all unsecured lending. See link below:-

 

Callcredit | Industry Minute

 

I would assume, as the details are somewhat vague that this would also mean financial institutions liable only for the previous 3 years of transactions? Hmm I wonder where these policy makers originate from?

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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I would assume, as the details are somewhat vague that this would also mean financial institutions liable only for the previous 3 years of transactions? Hmm I wonder where these policy makers originate from?

Michael

 

 

I think you will find that the Credit Industry have also advised that if this does become law then they will be flooding the courts with claims for those accounts that havent reached the 3 year mark :mad:

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 6 months later...

I have a credit card with Nationwide. I owed them just under 500 GBP back in February 2009, a year on I now owe over £600+ This building society refuse to freeze interest or charges and I have written to them countless times. Now they will not reply to any of my letters. Not even there solicitors will reply! I am now going to the banking ombudsman about Nationwide's treatment towards me.

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I owed Nationwide 2,320(GBP) in Jan 2009 this went up to 2,426 (GBP) due to banking charges and fines! I paid the debt at 1 GBP per month. They refused countless times to accept, but I just carried on making the payment of 1pound month. A year later they agreed to settle at 1,080 GBP and the rest of the debt they wouldn't continue asking me to pay. So in the end I saved 1,346 GBP! Top-tip: Don't ever talk to creditors by phone (always by post & not email) +make sure your never pay to write to your creditor, get there freepost address or if they don't have one, cut out there postage mark when they write to you and stick that on your reply letter to them!!

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I owed Nationwide 2,320(GBP) in Jan 2009 this went up to 2,426 (GBP) due to banking charges and fines! I paid the debt at 1 GBP per month. They refused countless times to accept, but I just carried on making the payment of 1pound month. A year later they agreed to settle at 1,080 GBP and the rest of the debt they wouldn't continue asking me to pay. So in the end I saved 1,346 GBP! Top-tip: Don't ever talk to creditors by phone (always by post & not email) +make sure your never pay to write to your creditor, get there freepost address or if they don't have one, cut out there postage mark when they write to you and stick that on your reply letter to them!!

 

 

....and I bet on both accounts they now have DN's on them? Have you checked the CRA files on this one? With your previous post did you in fact anything to them, I'm guessing you did? Apart from that congratulations. :)

 

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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