Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
      • 161 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

fivelaws v A&L ***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6217 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

After waiting 30-days from DPA for the copy statements, I received this morning a staggering 8cm pile of paper (about 800 sheets!)... It was only that size because each sheet contained a maximum of 11 transactions. The idiots.

 

Anyway, after a back-breaking job of going through the pile (which included about 50 duplicate pages, for some reason), I've calculated the charges since June-2000 as a whopping £4,993.25. April 2003 was a low-point in this relationship with £520 of charges. The most I have ever been overdrawn is £850, so the costs are very disproportionate.

 

Preliminary letter, following the BAG template, is going tomorrow by recorded delivery.

 

Parachute? Fully deployed...

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

Link to post
Share on other sites

Good luck.

 

What a great amount to be claiming for - can't get much closer to the £5k limit! :D

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.

Link to post
Share on other sites

Bring it on!:D

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

Link to post
Share on other sites

can't get much closer to the £5k limit!

 

It was £5,035.25, but somehow two of the very earliest charges got ... er ... missed off the spreadsheet... ;-)

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

Link to post
Share on other sites

It was £5,035.25, but somehow two of the very earliest charges got ... er ... missed off the spreadsheet... ;-)

 

Oops - you will have to check your figures after you get your refund....just to make sure you didn't miss anything...like interest.:cool:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

Link to post
Share on other sites

I've already told you I struggle with the whole interest thing!

 

It would be a boat-load of extra cash mind.... Now where's that spreadsheet with the interest thingy...

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

Link to post
Share on other sites

In the templates library. Vamp is happy to help out if you have a problem with it. Perhaps if you get bored when you have done your other nine claims you could go for them all again. I can't understand you folks who aren't interested in interest (no pun intended). I am quite disappointed I can't get any from A&L, but as I had an interest free overdraft during my 7 months with them I can't really get them on that one.:cool:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

Link to post
Share on other sites

  • 3 weeks later...

No reply to the preliminary letter.

 

Not even a "bog off" or a "we're investigating". Nothing. Nada. Bugger All.

 

Can't say I'm too surprised. They do seem very disorganised.

 

I had a very (un)pleasant chat with an A&L customer services robot on Friday about charges. She was the most stubborn, stupid and horrible person I have *ever* spoken to. EVER!

 

Looks like this one could be going MCOL...

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

Link to post
Share on other sites

Must be time for your LBA by now fivelaws.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

Link to post
Share on other sites

Must be time for your LBA by now

 

Indeed it is. The LBA was sent on Monday by recorded delivery, lamenting their lack of reply and re-stating that I expect the full amount to be refunded by Monday 17th July otherwise the next communication will be coming from Aldershot & Farnham County Court...

 

Got a reply to the first letter this morning (that's a delay of 17-days), which ignored most of the preliminary letter and focused on the OFT's investigation of credit cards - with the stress on credit cards, not *banks*. Therefore, it is argued, the OFT haven't said that the charges are unlawful.

 

I know this. I also know that the reasons the OFT used to determine the lawfulness applies to any other contract, including theirs...

 

They will be mine!

 

Oh yes! All mine!

 

 

/manical laughing

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

Link to post
Share on other sites

I've been trying and failing to speak to somebody (anybody!) at the A&L about my complaint but they REFUSE to talk to me. The "customer care team" won't discuss the complaint, despite saying on their letter "if you require any further assistance ... please don't hesitate to contact me". They don't give a complaints phone number so you have to go through the normal charade of entering account numbers, passwords etc and waiting for a customer advisor.

 

I tried three times yesterday and each time they ended up cutting me off (after 30-minutes wasted). The final contact promised somebody would call me. 24-hours later, I phoned again only to be told the complaints people "aren't allowed to talk to anybody". You couldn't make this up!

 

I've just tried the "customer advocate" phone number in the contact sticky, but it isn't even an A&L number - it's for MBNA...!!!???!!!:evil:

 

Does anybody have an actual direct dial phone number of anybody in the complaints department?

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

Link to post
Share on other sites

Our letters crossed in the post and I wanted to ensure they had received the LBA and that there was no confusion about what & why the second letter was sent.

 

I should have saved my breath.

 

For anybody elses info, the best number is group customer relations : 0116 200 4444. They will (eventually) put you through to somebody. Even if that somebody is as useless as a chocolate teapot...

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

Link to post
Share on other sites

No response and today is the deadline, so I phoned to find out what they were playing at. Apparently a letter was sent today. I asked what it said (in the hope it was some sort of concession) but no, it's a "sod off and die" letter.

 

I'm actually going to fill out a paper N1 and hand-deliver it to my local court (Aldershot & Farnham) on Monday morning.

 

Gross stupidity by the A&L. They have refused to enter into any meaningful dialogue about this issue and once I've got my cash back (plus a delightfully HUGE amount of s.69 interest) I will continue to pursue these idiots through FOS and if need be the FSA. I'd like to see the b*stards try closing the account either - I'll be injuncting them so fast they'll get a nose bleed....

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

Link to post
Share on other sites

Smile Complaints Team have a policy of not speaking to complainants either. I would just give them the 14 days for the LBA and then off to Moneyclaim.

 

BTW Fivelaws I have merged your threads, because you confused me by having more than one.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

Link to post
Share on other sites

Just got back from the County Court.

 

Good job you can't be done for contempt just delivering papers - I must have been the most inappropriately dressed person ever to walk through a County Court (Trainers, knee-length shorts and a t-shirt). I should wear a rubber chicken costume next*

 

Anyway... Counter lady was very nice and quite funny. She explained that you need 2-copies of the paperwork (which I didn't know) and charged me £2.20 for photocopying the ones I had (that's £1 for the first page and 20p per page after that). Everything else seemed in order. I guess I'll get a claim number some time next week?

 

Woo-Hoo!

 

 

 

 

 

* © Alexi Sayle

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

Link to post
Share on other sites

I was reading another post about something else on Friday afternoon when Baracad mentioned that you have to include the s.69 interest in the "total claimed" value on the N1. Which (of course) I didn't do. After a brief exchange of questions and answers, I realised I had indeed dropped a spanner...

 

Just got off the phone to the court and there is no problem. They weren't able to issue the proceedings anyway, not because of the interest problem - but because I'd also forgotten to add my name & address to the claim form... doh!

 

This was the saving grace however; You can amend a claim as many times as you like for £FREE as long as it hasn't been issued. Apparently, if it has been issued, you need to pay a £35 amendment fee.

 

So it was only my gross stupidity that saved me this time.... ;-)

 

Off to Aldershot ...

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

Link to post
Share on other sites

... back from Aldershot.

 

The problem with amending the claim to include the s.69 interest was this; it tipped the total claimed over the magic £5k boundary. I knew that the interest didn't count towards the tracking (small claims v fast-track) so I'd (stupidly) assumed it didn't count towards the fee payable either.

 

Not so. I needed to stump up another £130. Except I don't have another £130 (I'd borrowed the £120 in the first place). So instead, I had to manually work backwards through the list of charges+interest until I got back below £5k - and all without the aid of a calculator or Excel whilst sat on the floor of the waiting room...!!

 

Got it to £4,995.49. Which is darn close. Will start ASAP claiming for the "missing" 1-years worth of charges - an accusation of "sever" will be defended with the justification that I couldn't afford the court fees... should be fun!

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

Link to post
Share on other sites

Got my claim number.

 

Having read the sticky - I will PM a mod tonight with the details so I can go into 'litigation in progress'.

 

Huzzah!

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

Link to post
Share on other sites

Got my claim number.

 

Having read the sticky - I will PM a mod tonight with the details so I can go into 'litigation in progress'.

 

Huzzah!

Under cover of darkeness eh fivelaws. Very cloak and dagger:cool:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

Link to post
Share on other sites

Got a letter from Jackie McGuirk, A&L Solicitor this morning.

 

Acknowledgement of claim dated 25-Jul - they intend to fully defend.

 

Funny thing is - the average response time for letter upto now has been 16-35 days, but this one got turned around within 24-hours! Now if only their customer service was normally that snappy....

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

Link to post
Share on other sites

Just over a week after the "defend in full" letter, the delightful Ms. McGuirk has written again telling me that "without accepting liability, yada-yada, future conduct, blah-blah, please find the enclosed cheque".

 

And what a cheque to find enclosed! Bearing in mind I had to manually sever the claim at the £5,000 limit because I couldn't afford the extra £130 in court fees, the A&L have settled in full - including the bit I didn't actually claim!.

 

Cheque for £6,194 deposited this afternoon.

 

Going on holiday on Saturday! What a smile that has put on our faces!

 

Big thanks to Caro & Barracad for thier help/assistance/support/comments.

 

(have done survey, will do donation when the cheque has cleared and we get back from holiday).

 

Yay!

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

Link to post
Share on other sites

  • 3 weeks later...

Back from holiday.

 

Before going, I thought I'd better pre-empt their account closure tactic, so I wrote 2 letters;

 

1. Asking for the return of a further £150 deducted from the account since I started this process in June.

 

2. Formally lodging a complaint about the first lot of charges with the Banking Ombudsman Service and demanding than no "punative action, including account closure" be taken until this complaint is resolved.

 

Got back today to find not one, not two but three letters from A&L. The first two, dated 9-Aug are identical "we are looking into the issue you have raised and will send a full response within the next 28 days" and both from "G Bartley". The third one was dated only 2 days later on the 11-Aug from "R Rimmer" apologising that the "investigations are taking longer than expected. I am sorry for the delay and would like to assure you that we are dealing with this as quickly as possible. A detailed reply will be sent within the next 28 days".

 

All three letters have the EXACT same reference number... This is a new and worrying level of incompetence by the A&L.

 

Thank god the cheque books and debit cards have already arrived for the parachute account!

 

Arf!

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

Link to post
Share on other sites

Here we go!

 

1. Letter received today stating that as a "goodwill gesture", they have refunded £134 in respect of charges raised.

 

2. Another letter received today from Andy Benson;

Despite our acceptance of your claim and refund of charges, we have not admitted liability and we have continued to state that the charges are regarded by the bank as fair and reasonable.

 

Consequently, as it is clear that you do not accept certain aspects of the terms and conditions for the operation of your account we regret that we are unable to continue to offer you banking facilities. We are therefore now giving you notice that your account will be closed on or shortly after 26-Sep-2006.

 

 

I've read the various closure threads but I am DETERMINED to fight this.

 

Unless I'm mistaken, there isn't a FAQ for this issue, but it looks as though I should;

 

1) File an injunction with the County Court under the small claims track.

 

* and to generate a storm of letters *

 

2) Complain to the FSA.

 

3) Complain to FOS.

 

4) Complain to the Banking Code Standards Board.

 

 

I'm happy with all the complaints, but does anybody have any experience of the County Court process for this?

 

Has anybody actually done this yet?

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...