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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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Sarahtip V BoS


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Posted my DPA letter by recorded delivery on 8th may 2006 so am just patiently waiting for them to arrive.

 

Once I get them, do i simply highlight every single charge they have ever made i.e paying for a switch transaction then me not having enough money? (thus charging me £30 per transaction) and what about the £28 unauthorised over draft fees? regardless of the circumstances surrounding these charges am I able to claim them back?

 

Have had further fallings out with them again today and am feeling more determined than ever to fight for any charges I can get my hands on!!

 

Will continue to read FaQ's and browse for my answers whilst patiently waiting with a brand new pack of highlighters, but any info anybody could give will be greatly appreciated.

 

I guess my main worry is that they will shout me down and say I have been a naughty girl and deserve these charges, in which case they win :rolleyes: .

 

Cheers everyone

 

Sarah x

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Guest Lueeze

Dont fret! Read the forum and all will become clear!

 

You can claim those charges you mentioned, the only things not to claim are service charges such as arrangement of an overdraft, but everything else claim, but not the interest as you are only able to claim a protion of the deducted interest, as only a portion of it accounts towards the charges part.

 

Hope this makes sense!

 

Lou x

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Hi everyone,

 

Well sent my DPA letter to The Mound, Edinburgh, recorded delivery on Monday 8th May. Cheque has not been cashed and I have not heard a word from them since.

 

What now? Do I write again reminding themt he clock is tickeg etc etc, or do I just wait for the 40 days to be up??

 

Having a really bad time with them of late and am keen to get the ball rolling whilst am still fuming!!:-x

 

Cheers in advance for any tips

 

S x

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Guest Lueeze

Well it may take a while yet, we usually say halfway through contact them, and as its only been 9 days (well 8 if you count when they got it) its very unlikely they would have even read it yet let alone sent the statements out, I know its frustrating, but see my DPA list in my signature, 16th April and still waiting!!!!!

 

Gah!

 

Lou xxx

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Been getting a little impatient with them and so sent a little reminder to them recorded deliver last week..my word I am VERY impatient

 

Anyway, checked online banking yeserday and they have cashed the cheque!!! :eek:

 

Am now eagerly awaiting the statements!!

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Guest Lueeze

LOL! You are! Be prepared to wait a while, they are swamped no doubt!

 

Im still awaiting mine from Woolwich and the 40 days is up on friday!

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  • 3 weeks later...

Well, sent my DPA letter 8th May, cheque was cashed 22nd May yet I have heard nothing, not an acknowledgement, not a hint of a statement arriving, their 40 days of my patience is up in the 18th June and that time is fast approaching.

 

What do I need to do now?

 

Shall I write to remind them?..its a bit late now as they are obviously intending to ignore me completely.

 

Is it worth calling somebody?..if so does anybody have a reliable/direct phone contact for BOS, The mound, Edinburgh.

 

Yet again, my total disgust at this bank and its operation is making my blood boil...who on earth do they think they are???!! :evil::mad::mad:

 

Any advice, GREATLY appreciated

 

Sarah x

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Hi,

 

thanks for the tips, have sent the templated ltter as advised and shall wait and see...anybody else come across a case of total ignorance?..

 

My gut feeling is that my charges are for a substantial amount and perhps BoS are simply going to drag their heels and ignore me..what do I do then??..I do not want to have to make an assumption on costs

 

Any advice really is greatly appreciated, cannot believe they are simply ignoring me!!! :mad:

 

If i do go to the courts, it in what grounds exactly?

 

Thanks again

 

Sarah x

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If they don't respond within the 40 days lodge a complaint with the Information Commssioner. You could threaten them with this if you wish prior to the closing date.

 

I went to the local branch and asked them for computer printouts of the account from day one, abour 3 years. They supplied them free of charge. It's worth asking. Nothing to lose there. Computer printouts are much cheaper then copies of statements so they may be more compliant.

 

I also sent a DPA to Monument which they received on the 1st June. They cashed the cheque I sent on the 8th. Still waiting the material. They are still sending charge letters too. This can be fun if you don't hurry or worry. They are breaking the law, not you. The waiting game is what they play, to try and make you go away.

 

You will win. Don't accept partial offers. Ignore the nice "sorry" letters they will send you. Ignore their suggestions about the ombudsman service. Don't let them dictate the time scales, you keep to your timetable and send your first letter as soon as you finally get the figures. Don't give them any more than 14 days to replace your money then start your court summons process. That's the only thing they pay any attention to.

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Hi Sarah! 103.gif

 

Can I suggest that you send an email to the Senior Lawyer at Halifax.

 

Full details can be found here.

 

It is what I did when BoS kept messing about with my DPA request. She does respond to emails the same day.

 

See my thread here, which will hopefully give you some hope!

 

Good Luck!

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Hello again everyone,

 

Firstly, many thanks for all the advice, it is greatly appreciated. Well!..after waiting patiently for my statements to arrive, I had given up all hope of getting themwithout a drawn out battle, when they arrived recorded delivery literally at the eleventh hour..how pathetic are they!! :D

 

The letter advised that HBOS are under no statutory obligation to record information relating to manual intervention and so they are unable to assist further with that request!!..???

 

However, having invested in some brand spanking new highlighters, I went about highlighting all charges since I opened the account in 2002. :grin:

 

Current account charges £1946 + this months charges of £58!!

Credit card charges £668.18

 

Do I claim this as one whole claim or split it up?

 

Thanks in advance, all help is truly greatly appreciated and I will most definitely be making a donation to this site in sincere thanks for all the advice and support!

 

Sarah x

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I would keep your Bank Charges and Credit Card charges separate. It will be less complicated, although you might need to pay for 2 moneyclaim applications. You will get that all back. If you can wait you could chase the larger amount first and when you win, they may pay out on the smaller one without the need for a court summons. They will know that you mean business and will not pack it in like most do.

 

While I'm here. Monument sent a letter offering to pay back half of my charges £132. I have written back politely telling them to keep it.

 

BOS offered £60 hahahaha. They're going to court, at least I'm calling them to court. Two different things I suppose.

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  • 3 weeks later...

Hi,

 

Just a question,

 

Sent my prelim approach 2 weeks ago today, recorded delivery. Not even had an acknowledgement or anything from then!! Do I call them up now?? If so, does anyone have a reliable number to call? or contact?

 

Am starting to think that maybe because the amounts are quite large they will take it all the way to court, which is not a problem but I have to admit to feeling a teensy weensy bit out of my depth with the court thing,

 

Gonna get reading up now, any advice would be very much appreciated

 

S XxX

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Hi,

 

Just a question,

 

Sent my prelim approach 2 weeks ago today, recorded delivery. Not even had an acknowledgement or anything from then!! Do I call them up now?? If so, does anyone have a reliable number to call? or contact?

 

Am starting to think that maybe because the amounts are quite large they will take it all the way to court, which is not a problem but I have to admit to feeling a teensy weensy bit out of my depth with the court thing,

 

Gonna get reading up now, any advice would be very much appreciated

 

S XxX

 

No dont call, keep everything in writing. Follow up after 14 days from prelim with your LBA. They are 'banking' on people being phased and dropping out, keep the faith.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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  • 2 weeks later...

Hey again everyone,

 

Really need some advice about this.

 

Received a letter yesterday from a Colin Smith of Customer Relations in Leeds.

 

The letter is very lengthy so will just give the basics. It basically says that their charging policy is clearly outlined in terms and conditions that apply to my account and its my responsibility to manage it properly..which is fair enough, cant argue with that point. :D

 

Towards the end of the letter it says "However, as a gesture of goodwill I am prepared to refund £259 of charges in full and final settlement of your complaint." there is also a little threat about reserving the right to close down my account if I dont manage it correctly. Am not worried about that as I have been slowly transferring things into my parachute account in anticipation of this.

 

Naturally, this is amount is well well well below what I am claiming back and so there is a letter to fill in saying I accept or I dont.

 

This Monday coming, 17th, is the deadline before I start my court proceedings, something I am finding a little intimidating, but am as determined as ever. Am unsure as to my facts a little though. the charges are not a true reflection of the actual costs incurred by them and this is why thay are unlawful??

 

If this matter is not resolved by monday, regardless of what stage I am at with this offer, do I just go ahead and start court proceedings? Shall I write back today to this guy telling him exactly why I wont be accepting in an attempt to up the offer to the full amount?

 

Sorry for the long post. will go and read the faq's, but any advice, as always, GREATLY appreciated.

 

S xx

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That's just a standard reply that they've been sending to most people - fret/panic not!!

 

Give them a call on the number that's on the letter, and say something along the lines of "Thanks for your goodwill offer of a refund of £xxx, however I do not accept this as Full & Final Settlement of my claim, as it would still leave a remaining outstanding amount of £xxx.

 

They might try & make you a better offer at this stage, in which case simply repeat the above (assuming of course that it's not an offer of full settlement!).

 

Politely remind them that come the end of the deadline you will be taking Court Action, to which they'll probably do nothing.

 

Then, take Court Action, sit, wait and your refund will arrive!

 

Have faith - you're not alone - I've been at this exact same stage, and a matter of weeks later 2 refunds arrived from the BOS.

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Hello again,

Just typed and am about to post, my letter refusing the goodwill gesture and informing them I am, today, going to be issuing court proceeding to claim back my money... :D

 

Sorry for being so completely thick at times, but how, exactly do I start this court ball rolling now?

 

Where do I get access to the money claim forms etc? how much does it cost?

 

ThankyouThankyouThankyou :p

 

S Xx

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Hi,

 

You fill out the Moneyclaim forms online at www.moneyclaim.gov.uk/ the costs varies depending on the amount of your claim. There is a guide to filling the form out in the Library http://www.consumeractiongroup.co.uk/forum/bank-templates-library/634-guide-notes-completing-moneyclaim.html

 

Hope this helps,

24/04/06 - Capital One - £170.00 - Court Claim Acknowledged - Defendant intends to defend claim

18/05/06 - Full settlement received (£170.00) + another £20 for charges added after claim issued.

 

16/05/06 - RBS - Court Claim Submitted - Total £4900 (inc. Interest + Court Fee + Allocation Fee)

22/05/06 - Acknowledged by RBS

16/06/06 - RBS Defence Received

29/06/06 - Settlement offer from Cobbetts LPP £2,500

22/07/06 - Hearing date given as 27th October, York County Court

25/07/09 - Cheque received from Cobbets for £4800!! only £100 to go!!

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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