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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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Brand new Claim Against Co-Op***SETTLED***


dx100uk
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Hi

i have been with the Co-Op since 1982

i have every statement

i have been unhappy for the whole of that time over charges.

 

thru the media & now thru recommendation i come to here

 

i am going to start the process.

i have not done any calcs etc

i have yet to read the stickys/FAQ.

 

maybe we can help each other.

 

i will document each step i take

 

i will start doing this over the xmas holi period.

 

if i have all the statements already, do i need to apply to the bank for them again?

 

where do i state my claim process?

 

thanks

 

dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX100uk. Welcome to the family.

 

I would advise you to spend a few days reading the FAQs and the step by step guide in the library section. There is a shed-load of information available and the more you learn about the process the easier and more enjoyable the whole process will be.

 

If you have all your statements then you can start the proceedings by transferring the details of all the unlawful charges on to a spreadsheet, (see templates library).

When you have list of charges ready (your schedule) send the preliminary letter (also in the templates library) to the bank and enclose a copy of your schedule to support your claim. You should find the address on the top of your statements.

 

PLEASE NOTE. You can claim back up to six years charges. Any more is barred by the statute of limitations.

 

Post any questions and progress reports here, in this thread. You will be able to draw on the experience of other users who are dealing with your bank.

 

Good luck with your claim.

Regards, Rooster.

  • Haha 1

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thats a very nice reply & i thank you for it

i shall now move fwd to compiling those charges which cover that last 6yrs & get down to some reading

 

thanks again.

 

dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

ive done my spreadsheet from vampires site

simple compounded contractural interest one [the one vamp recommends]

£*****total amount + £***** int claim = £*****

is there any one that can have a look over it please to make sure + how do i do this , give people access??

 

regards dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok well i sat down last night and redid the figures using the figure of 16.9% and its £****

so the prelim & spreadshett are it the post this morning 1st class.

 

dx100uk:rolleyes:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

std apolo letter received this morning from coop

 

dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

ok, well just gnore it and keep on with your timetbale - when the 14 days expires, issue the LBA

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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just looked at the A/C on line and they have re-paid my total for every charge i listed, inc the [serveral] £10 service charges & inc a £25 charge i know was for setting up my £1k O/D a few years back.

 

now, my next question then, tomorrow is [was?] LBA time, views on sending it & keeping the claim going to get the £500 odd i also wanted back for compound interest?

 

my thoughts are yes!

 

dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You can only claim the interest if you go to court, is my understanding, and as they have repaid the monies owed you have nothing to take them to court for. Bit of a pain that, but I think that's the way it is.

Smile - S.A.R - (Subject Access Request) sent 28th Sept 2006

 

Full claim of £2004.25 paid into account 7th December 2006, 00:09

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thanks for that& the one in the other thread.

 

i'll leave things there then.

 

claim concluded ************ WON ************

 

dx100uk

 

percentage being paid to funds

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'd double check that- I have never even claimed the compound, but it is my understandign you claim that from the beginning....I may be absolutely wrong though - do a search for a thread called "Why is nobody claiming compound interest?"

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Yes, my mistake: you can claim compound interest, but not the statutory interest. However, you will need to know what interest rate you were being charged at the time you were unfairly charged, then add that up. As Smile inconveniently apply their charges on the 21st of the month, it usually meant a few days of interest being charged up to pay day for me so wouldn't have amounted to enough for me to spend a day or so working it out, but that is a personal choice.

Smile - S.A.R - (Subject Access Request) sent 28th Sept 2006

 

Full claim of £2004.25 paid into account 7th December 2006, 00:09

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Yes same for me Robbie, personally I haven't claimed it.....but that is my personal decision!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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got a personal letter today regarding the refund.

 

signed by a Dennis Moffatt Customer Relations Officer

 

barring all the usual blerb about being sorry. a couple of bit might be of interest to people here.

 

As you are aware, the charges are valid & in line with the terms of your account. However having reviewed your A/C i can confirm the total charge of £***.** has been refunded to your A/C as a goodwill gesture.

 

Interest was not included in the Office Of Fair statement you refer to regarding default charges. I am, therefore, unable to meet your claim for interest. etc etc.

 

************

 

i have read a few choice letters on here and i think i am going to write to him back.

 

how can he say in one sentence 'they are valid' and in the next say 'they have been refunded'.

 

This interest bit is good too.

 

so it's ok for the bank to charge us interest when they lend us money, but not Ok for us to charge them when we lend them money!

 

thoughts welcomed

 

i have not 'stopped the clock' yet, though i've spent the money!! LBA was due on the 18th.

 

dx100uk:!:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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latest

i've written a letter to Mr Moffatt indicating i think it is unfair they will not repay the interest etc etc. giving 14 days before further possible action

 

see what happens

 

dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 2 weeks later...

well i just checked the A/C online & i've got another £50ish ADJ COMMISSION entry.

so something is going on, i'll have to wait for the exp letter, to see what it is.

now it is nowhere near my cont int figure i quoted them, but, if it is to do with my claim, then it must be some form of 'addition' ontop of the charges which they have already repaid in full [minus int].

 

the 14day deadline is near, so they might be wriggling a bit.?

 

got me puzzled as to what it in relation too..oh i cant wait for the letter, could this be the first sign of Co-Op returning cont interest?

 

dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Well they have paid the interest at 8%

 

just got a letter from Sharon Rankin - Customer Complaints Manager.

 

usual blurb.

but with an added sentence which says:

 

Regarding the interest on the A/C. the Co-Op will offer 8% on the amount refunded. This is accordance with the FOS guidelines.

 

So case concluded.

 

mod can you please move this thread and mark it as closed.

 

thanks to everyone DX100uk

 

:lol: :lol: :lol: :lol: :lol:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well done thread changed to settled and moved.

Thanks for the donations...and of course your help in sticking with us.

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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here is the text of my 2nd letter for ref:

 

Dear Mr Moffatt.

I thank you for your letter dated 17th January, 2007 & I also thank you for the goodwill gesture of remittance to my A/C of £703.50, this I accept as partial payment in respect toward my on going claim against you.

I am finding it difficult to understand how a bank of such repute seems not to operate on the principles of "mutuality" and "reciprocity" mentioned in my banking contract with you.

I am fully aware that the Office of Fair Trading statement made no direct reference toward interest. However, it is respectfully my view that the sum above was unlawfully taken & was therefore the equivalent of borrowing by you, from me, over a period of up to 6 yrs. Thus this sum should attract some type of interest in my favour.

I will give you 14 days from the date of this letter to indicate some form of positive action on your behalf toward refunding the outstanding amount to my account.

Failure to do so will leave me no option but to start Court Proceedings.

Yours faithfully,

:twisted: :twisted:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 5 years later...
test

 

:ohwell:

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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