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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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Sophie-Jane v BoS Credit Card


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Hi

 

After sending for the DPA - took the 40 days, I sent off the Prelim letter which received a reply again at the end of the 14 day limit, No Chance

Then the 2nd letter, again at the time limit and again No chance

 

I have instigated a Moneyclaim today against them today

 

 

What they have stated in replies to the Prelim and 2nd letter, is that

 

"There is no change to our current fee refund policy and we do not expect to make any announcements before the 31st May."

 

Signed by

Elaine Stewart - Customer Service

 

BTW, the MoneyClaim is against the Trinity Road, Halifax Part, as I'm in England

 

The initial letters were to the Trinity Road section, and further letters from them were sent from their Card Services section in Fife

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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  • 4 weeks later...

Thank you Lou - sorry for the delay in responce

 

________________

 

Letter received 29th June 2006

 

Dated 28th June 2006

 

________________

 

Dear Sophie-Jane

 

I have received and have been dealing with the proceedings which you have issued against The Governor and Company of the Bank of Scotland in the Northampton County Court.

 

Your claim relates to bank charges debited to your credit card account, These charges were debited to your account in accordance with the account terms and conditions, which you agreed to accept, and by which you are bound.

 

I have returned the Acknowledgement of Service to the Northampton County Court indicating that The Governor and Company of the Bank of Scotland intends to defend the whole of your claim. However, On a commercial basis, it will cost The Governor and Company of the Bank of Scotland money to defend your claim in terms of legal costs that will be incurred. It is unlikely that The Governor and Company of the Bank of Scotland will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claim track, in which costs are not generally awarded.

 

For this reason, but without admission of liability, The Governor and Company of the Bank of Scotland is willing to reimburse £275 in respect of the bank charges incurred, The Governor and Company of the Bank of Scotland will also reimburse £30 in respect of the Court fee, This amounts to £305 that you have claimed and I have arranged for this sum to be refunded to your account.

 

I will write to the Court to notify them that your claim has been settled in full and I would be grateful if you would do the same.

 

Yours sincerely

 

Rachel Hinchliffe

 

__________________________

 

Hey BoS, I am not a child, I know what I'm doing.

 

Shame that I will not see a penny of this, as it is one of the many debts on interest free payments, but at least, its about 10 months of payments paid off in one.

 

Survey completed on completion of this message

 

___________________________

 

Note to each and everyone who are behind me in this one, Just keep on with the time scales, Reply back once you receive a letter back from them

and if they decide to keep on saying NO - Get to Court with it - Moneyclaim is easy

 

Remember its your money thay have Unlawfully debited, so demand it all back.

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Congrats Sophie-Jane, all power to your elbow!

 

I'm 10 days into a DPA request so I will wait with baited breath. Why oh why do they wait right up until the deadline, don't they realise that this just makes people more intent to make them pay up? If they responded more quickly it would be cheaper for them both in terms of admin and additional charges that get racked up on our accounts as they delay! Muppets!!:-D

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Hi Col

 

So very very true

 

They wait so they hope that you will go away, and each and every time you receive a letter saying Hey it is in the terms and Conditions of your account, saying we can steal money from you if you fail to comply with your agreement.

 

I intend to check my balance soon, and see if the payment has been refunded, and then once it has, I will send them a letter

Stating that I will not entertain any further penalty charges, UNTIL they can provide an accurate breakdown of Actual costs involved.

 

The £12 cap they are settling now, I will NOT accept that either(The £12 Cap is where the OFT will not interveine, unless it is higher than £12)

 

 

They have to prove to me that they are competant to run a financial institution in a LAWFUL mannor.

 

Will of course keep you all informed of that letter and its contents once compiled.

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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S-J,

 

sounds like you're riled girlfriend! Go get em! I'm up against RBS as well and I'm going to time my action so that when I file my moneyclaim it is with the maximum charges for that month. I can't wait to see what heppens if they charge me any more whilst waiting for the deadlines.....

Bring it on!:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Too true

 

Treating me like a child in their letter

 

Here is what I propose to send, please advise on anything which will make it stand out, and legal info which can back up my arguements

 

I also intend since they have not sent an "True copy of Agreement" to send off asking for that, and then we will see where to go from the reply from Bos

 

___________________________

 

Dear Rachel Hinchliffe

Re your letter dated 28th June 2006

Thank you for your offer of £275 – Unlawful Penalty Charges & £30 Court fee, I accept this as payment in full for the unlawful manner which your company has operated my account.

As for future charges / penalties which your company may deem to try and charge, I will not recognise such charges unless you are able to prove that the Penalty charges are reasonable by independent adjudicator.

The £12 Cap which the OFT (office of Fair Trading) stated, that is which the OFT would intervene if that charge was higher, which I still deem to too high of a figure, when it is automated, and NO manual intervention takes place, it is estimated such a charge would cost a company such as yours in the regain of £0:50.

It is no wonder people end up in high debt situations, due to these high penalty charges which your company and many others deem they need to line the share holders pockets, when more and more people end up in debt, It only takes one penalty charge for the debt spiral to begin, We get hit from YOU, we get hit from the banks, and you know the situation then just spirals out of many peoples control

I will stop county court proceedings against “The Governor and Company of the Bank of Scotland, Only once payment has been credited to the account, and with NO retaliatory action on your behalf due to a Lawful process taken by myself, The OFT would unfavourable at your company if any retaliatory action is taken or indicated.

 

________________________

 

Please advise what can be made to ensure this is taken seriously

 

Thanks again

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Just sent this Fax off to the Legal Services Department of the Bank of Scotland

 

_________________

 

Dear Rachel Hinchliffe

Re your letter dated 28th June 2006

Thank you for your offer of £275 – Unlawful Penalty Charges & £30 Court fee, I accept this as payment in full for the unlawful manner which your company has operated my account.

As for future charges / penalties which your company may deem to try and charge, I will not recognise such charges unless you are able to prove that the Penalty charges are reasonable by independent adjudicator.

The £12 Cap which the OFT (office of Fair Trading) stated, that is which the OFT would intervene if that charge was higher, which I still deem to too high of a figure, when it is automated, and NO manual intervention takes place, it is estimated such a charge would cost a company such as yours in the regain of £0:50.

It is no wonder people end up in high debt situations, due to these high penalty charges which your company and many others deem they need to line the share holders pockets, when more and more people end up in debt, It only takes one penalty charge for the debt spiral to begin, We get hit from YOU, we get hit from the banks, and you know the situation then just spirals out of many peoples control

I will stop county court proceedings against “The Governor and Company of the Bank of Scotland, Only once payment has been credited to the account, and with NO retaliatory action on your behalf due to a Lawful process taken by myself, The OFT would look unfavourable at your company if any retaliatory action is taken or indicated now or in the future.

 

Yours faithfully,

 

 

 

_______________

 

Slighly edited from previous post, Lets see what happens now

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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S-J,

 

sounds like you're riled girlfriend! Go get em! I'm up against RBS as well and I'm going to time my action so that when I file my moneyclaim it is with the maximum charges for that month. I can't wait to see what heppens if they charge me any more whilst waiting for the deadlines.....

Bring it on!:p

 

So true Col

 

Riled, To an extent, but not letting these companies get to me

 

I intend to inform each and every Company the following

 

"The £12 Cap which the OFT (office of Fair Trading) stated, that is which the OFT would intervene if that charge was higher, which I still deem to too high of a figure, when it is automated, and NO manual intervention takes place, it is estimated such a charge would cost a company such as yours in the regain of £0:50."

I am sure that many of you may agree also, why should we except such high charges when it does not cost the bank or credit card company so much to Stop DD, SO and so forth

If Manual intervention was indicated, then I would agree that £12 is a reasonable figure, but I feel that 99.9% of the time its all automated

 

If they feel they have no option but to close the account, Well an Injunction would be sought (need info there), But the threat is always there, for any Retalitory action they may deem to take now or in the future.

 

Its thanks to this Site, and the Moderators etc, that has helped me to this stage to understanding of the rules

 

Thanks CAG :)

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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I'm not sure ????

 

But I have just phoned BoS up, and I have been credited with £275 - Refund Penalty Charge & also £30 Goodwill payment, That is how it was quoted when I called.

 

If they have credited the account, I would presume that they will have to abide by MY Conditions ????

 

Survey to complete, once I have written confirmation, which I of course, will share here with everyone

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Did you get the 8% interest back from them out of curiosity? I filed against them too and apart from acknowledging the claim have heard nothing so did they wait till the 28 day deadline was nearly up to refund you?

Congrats by the way!

Sky

BOS - Prelim letter del 19/5/06 LBA del. no response - filed 12/06

Clydesdale Financial Services - Gave them their chances off to court we go!

HSBC - Watch out I'm coming after you next!

 

If you like anything I say click the scales!

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Hi Sky

 

Thank you

 

Since It never reached the court, I did not insist on the 8%, Possibly I could of, but it was only around £25, so instead of keep pushing, I decided, that it was best to accept this offer.

 

And when I called to check my balance, the feeling when the payments are read out to you by the customer service person, "Penalty Charge Refund" and "Goodwill Payment", It is well worth not chasing that 8% in this case :):)

 

BoS seem to drag their heels all the way, You need to be firm with this bunch of jokers

 

Each time I wrote this is what I received

 

"There is no change to our current fee refund policy and we do not expect to make any announcements before the 31st May."

 

Now the 31st May has come and gone, I not sure they still use this arguement.

 

In the end, they decided it was not worth their while, as it would cost too much to defend, and no chance of recouping their costs

 

They said they have intend to defend, But up top now, there is no change to the status

I'm waiting to see what they have agreed to as per my letter in post 9 above

 

Good luck on your claim Sky

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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  • 2 years later...

UPDATE

 

RE - ADDRESS & CCA 1974

 

Today the 15th October 2008, I received a letter from my old address - Statement of account dated 1st October - Trust the OLD (EX) OH

 

Now BOS have been informed since 16th March of my new address, I never realised since today that they have not updated my records, and probably letteres have not been forwarded by my ex (but since March - I dont think)

I have sent letters to BOS - financial statements ect, so wouldnt you think they have my address by now ??

All the other Adedged Creditors, have been informed and also I have (i think) got letteres back from them, So why didnt these at BOS??

 

Further to that

 

I have sent BOS a CCA 1974 request from my new address, so I now await for the information which is due by the end of this week, I await with baited breath for my aledged agreement

 

IS this another unlawful account by BOS, I wait to find out, well if they send it to my address or my old one, I wonder ????:confused:

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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