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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 
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      • 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
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Jen VS Style (RBOS)


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Can I claim although my account is closed?

 

Can I claim a higher interest than 8% on the bank interest spreadsheet, because obviously credit cards charge you a few bob more on interest...?

 

Thanks in anticipation of your help guys :-)

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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Yes you can claim on a closed account

 

There are some people claiming a contractual rate of interest

If you read around you can find some details about this.

 

:)

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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I have been looking at the Credit Card templates (letter and spreadsheet) in the Templates Library and there only seems to be one letter giving the Credit Card company 14 days notice before court.

 

Do Credit Card companies and Store Card companies not have to have a first letter of notice giving 14 days, then a reminder giving another 14 days like banks do?

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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You can use the bank prelim letter for that.

 

:)

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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Thanks for that

 

Still can't find anything on contractual rates of interest... Shall I just stick to the 8%?!

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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How much we talking if you did go for the CI ?

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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Only £90 that I know of, but I'm sure there were more charges. I called them to get my entire statement history, but they were charging £5 PER STATEMENT - That's approximately £75! I quoted Data Protection and Subject Access Request, but to no avail. How do I get my statements without forking out £75?

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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Its unclear why the card issuers appear to think that they can charge what they feel like for statements.

You could ask them for a schedule or other transactional data that gives this info.........one ot two of the other card issuers do supply this.

 

They dont however like to do it this way because the act says the info has to be clear intelligible etc.......so they have to attatch handwritten notes to decipher all the codes.

 

Usually a second non compliance letter does the trick have you tried that route ?

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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I've just phoned them and asked for that. They're sticking to £5 per statement and insists there's no other way to do it. Should I send them a letter requesting the transactional data of my account, dropping the phrases Data Protection, Subject Access Request, Fair Charge, Office of Fair Trading?

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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I am going to send off the Data Protection Act Subject Access Request letter.

 

I am worried that I will be on a losing battle as I have previously been hassled by two debt collection agencies regarding this account...

 

The first, I settled with. They knocked my bill down from four hundred and something to £360. This payment was 'full and final'.

 

The second came after me for the remainder. I contacted Style who stopped the debt collectors after realising their mistake.

 

Can they make me pay the remainder of that balence if I start after them for this £90+?

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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I'm also confused because of the 8% interest...

 

I have to include the spreadsheet (which adds up the 8%) in the preliminary letter. Also in the second letter. Definately at court.

 

But if they settle before court, do they not have to pay the 8%?

 

(Been reading Gargoil's thread)

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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Calm down...............

 

Forget the dca for now,and concentrate on the charges.

Whilst the account is in dispute.......no further action can be levied.

Send tha data protection act request.

 

 

And the meantime if they do hassle you for repaymnt just tell them they are reqiured to suspend action.

 

We can deal with the other issues including interest later.

Interest is only added at the court stage.

This is some time off yet!

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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OK

 

Sending the Data Protection letter today

 

So, I need to send the 8% Spreadsheet with the claim letters, so they know what they'll have to pay out at court, yeah?

 

What's CBA? I'm not getting all this shortened down stuff. There should be a section telling us what all the shortened down stuff is! It confuses me! A glossery! Yeah, one of those! (Unless there already is one, in which case, could you give me directions?!)

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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You know in the Data Protection Act 1998 Subject Access Request letter, where it says: I enclose the statutory maximum fee of £10. Who make that statutory? Was it the Office of Fair Trading? I just want to ensure they don't go off on one with this £5 per statement crap. (excuse my French)

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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Ooooo, I've just thought, the charges were only £15 a time... I can claim these back right? It's charges over £12 isn't it?

 

Sorry if I can't stop checking things... I worry and stress... It's hereditory... You should meet my mum!!! It gets more annoying as time goes on. I appoligise in advance for future stressing-outs!

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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I have another question!!! Ah-ha!

 

Can we charge the 8% interest on the Data Protection Act - S.A.R (Subject Access Request) fee?

 

Just getting my spreadsheet as ready as I can!

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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It's the Data Protection Act itself (an Act of Parliament) which regulates the fee - I doubt very much that anyone would argue with it after receiving a valid request for information, which ours is.

..

.

 

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 was just wondering about charging INTEREST on the DPASAR fee...

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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Well, I suppose if your claim gets to court and you include the fee as part of the overall claim, then you would be entitled to 8% interest on the daily rate until settlement part (section 69 interest), but this would be so tiny that you'd probably have to wait about 2 months before it reaches one penny.

 

Nothing wrong with claiming the £10 back though.

..

.

 

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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Fair enough. Just making sure my spreadsheet all tallys up and looks the dog's balls!

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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I've just received my Credit Record from Experian. Guess who put a gret stinking red DEFAULT notice on it... Style. I wondered why I was having trouble opening a current account with a debit card! All I can get is a poxy cash card. I feel naughty.

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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Well, I suppose if you need spanking...........

 

Anyway - have you a list of your charges on that account? If so, what were the level of charges at the date of the default, and how much were you defaulted for?

..

.

 

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 was defaulted on 07/01/2006 for £488. My limit was £400. The total of Style's charges are £90 (6 X £15). If they'd have never charged me these charges, I'd have been £2 under my credit limit at the time I was defaulted.

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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Righty.... the usual 'rule of thumb' on these issues is that, if the level of charges imposed on the 'account' at the time of the default were equal to - or in excess of - the default value, then you would certainly have a good case to put forward. Even if the level of charges was fairly close, there would probably be a lot in your favour.

 

In this case, the level of charges imposed is £90 - quite some way off the default value.

 

In do understand the point in relation to your credit limit, however any creditor can demand the repayment of monies owed at any time and, if you are unable to repay them, they could then take further action (including a default notice).

 

It's important that we can distinguish between a very good chance and a slim one. Just because your case might only have a slim chance of producing the end result you require, it doesn't mean that you should give up... but we can't allow you to think you have a strong case and, in my opinion, you don't.

 

Sorry to bring bad news.....

..

.

 

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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