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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
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Scar vs Household / Beneficial Finance.


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I’ve been asked to look at a friend’s accounts having boasted to him about my successes thanks to this forum :D.

Amongst various accounts he has asked me to look at, he has given me information on a loan he took out nearly two years ago with a company under the arm of one of the top 5 banks that I assume deals with their sub-prime lending (but for the time being will remain anonymous).

In April 05, my mate was in desperate need of some money and took out a loan for £1k, he stated that he only required the money for a few months and the advisor confirmed that he could repay it early and pay less interest. The loan was arranged and in July 05 he returned the £1k to the finance company. He then requested a statement to confirm the outstanding amount in order for him to settle the loan, this didn’t arrive. For the next 3 months, he sent letters requesting settlement statements but they didn’t arrive either.

Then in December 05, the company sent him a letter saying he had just over £1,000 outstanding (!!!!!), but confirming that should he settle by a specific date, they would rebate around £240 leaving him with around £800 to pay. On enquiring about the sum, the company stated that he owed x amount in PPP (don’t know how much of this was made up of insurance right now) and the rest was interest on a 12 month loan. My friend worked for an insurance company at the time and was well covered for insurance and is adamant he did not agree to take out insurance on this loan.

I have been given a pile of letters, I have settlement statements as recent as August 06 (by which time I believe the account had already been settled), there is also a letter confirming defaulting of the account. I must admit that right now I haven’t got a full understanding of what went on with this account but at a glance, the bank seems to have been utterly disorganised and has contributed to his difficulty in resolving this, this is aside from a ridiculous settlement figure that I can't begin to justify.

I therefore need to get a good understanding of what was going on with the account from my mates POV, but the reason for posting this is I have some questions for you lot to understand what my options are...

What can I do with this?

What information should I be asking for from the bank (and how)?

A straightforward SAR will give me how much of what I need from the bank?

What about original credit agreements – are these covered by an SAR?

If I were to make a complaint to the bank, what approach should I take (on what grounds can I make the complaint)?

I’m sure the bank agreed to a reduced settlement amount, does this alter any action I could take?

How can I prove whether or not insurance was taken out?

If it was taken out, it was never agreed to – what can I do here?

Is there an argument for mis-selling given that it was taken out with the intention to settle in 2 months?

Sorry lots of questions, I do intend to do a lot of research on this both with my mate and on the forums, but I was wondering if someone could give me a headstart!

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Wotchamate

 

First off you need to get a full Data Protection Act disclosure, have a read on the Data Comissioner's site because it will give you some more in-depth information on a wider spectrum S.A.R - (Subject Access Request) than we use here for the banks.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

 

Then you also need to do a Consumer Credit Agreement request, there are letters on the site here somewhere but I've just spent 15mins searching and no joy, soz. You have to include the stat fee which is about £2. They are required by law to produce a true, signed copy of the CCA and if they can't then it is possible that your mate can do something about the debt...but as it's not too long ago this might not be an issue for the bank.

 

This thread might be useful....

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html?highlight=request

 

If your mate took out the loan over the phone then it might be that there are audio recordings, you should make it clear in your SAR that you require any recordings or staff notes on terminal.

 

Phil

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  • 4 weeks later...

Quick update. After doing a load of reading and contemplating, I have sent two letters to the loan company (a long winded prelim based upon Progenic7's essay and a cca request). Will post both up when I get a chance.

 

Have started reading the CCA agreements thread, but it's like 60 pages long!! Need to book a day off work for that. Anyway, I've started the ball rolling. Hopefully I might be able to identify some issues with the loan.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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  • 3 weeks later...

CCA Letter

 

Dear Sirs

 

Request for information under the Consumer Credit Act 1974 – Sections 77/79 Account Number xxxxxxxx

 

 

I am hereby requesting a true copy of the executed credit agreement that relates to account number xxxxxxxx under the provisions of sections 77/79 of the above Act and hereby enclose a payment of £1, being the fee payable for this information under the Act.

 

I wish to make clear that an application form completed and signed by me is not fully complying with this request – the document I required should be clearly marked Credit agreement regulated by the Consumer Credit Act 1974.

 

Under the guidelines of this act, you have 12 working days in which to comply with this request.

 

 

Yours sincerely

 

 

DPA Letter:

 

Dear Sirs

 

Data Protection Act 1998 Subject Access Request – Account Number xxxxxxxx

 

 

I wish to request that you supply me with full disclosure of all information relating to my banking history with your organisation.

 

I am fully aware that all information regardless of how long it has been held on file must be disclosed fully and in a format that is clear and legible to me. It seems a lot of finance companies are wrongly interpreting the DPA as only needing to disclose six years worth of bank statements, this is incorrect. The DPA clearly states that all information held must be disclosed. This incidentally has no correlation to the Limitation act 1980 at all and as such has no bearing on the DPA.

 

To clarify, I require you to provide all information relating to my history, which should include (but not be limited to):

 

· Full copies of all contracts, which you believe exist between myself and your organisation, including copies of any documents you hold in support of same.

· Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.

· Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

· Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

· Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

· Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself.

· Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, reasons for deletion, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

· Full hard copy print outs of any of my personal or financial information held in a digital, magnetic (including all audio files) or any other format which is held in any archives, backups or other storage devices / locations.

I will be filing in the County Court on the morning of xxx for Non-Compliance if I do not receive the documentation requested by 5pm xxx. Please be aware, a post-marked envelope bearing the date of xxx does not mean I have received the documentation, unless you have my signature as having received it on the xx.

 

I shall not enter into any further correspondence on this matter. I require you to forward by means of royal mail “Special Delivery” all requested documents and recordings to my home address no later than xxx. It is your responsibility to execute this task, ensuring all items are secure and undamaged before posting.

 

I have enclosed the statutory maximum fee of £10 for this form of request.

 

 

Yours sincerely

 

 

Just spotted that their time is up for sending the CCA agreement already! What are the next steps there?

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Mods

 

I put this in the General forums whilst I was gathering info, but now I'm progressing the claim, could you please rename and move this thread please?

 

Needs to go in the HSBC area and can you rename Scar vs Household / Beneficial Finance.

 

Thankyou! ;)

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Mods

 

I put this in the General forums whilst I was gathering info, but now I'm progressing the claim, could you please rename and move this thread please?

 

Needs to go in the HSBC area and can you rename Scar vs Household / Beneficial Finance.

 

Thankyou! ;)

 

Done;)

Consumer Health Forums - where you can discuss any health or relationship matters.

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Done;)

 

Thankyou!

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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