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About damiencannell

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  1. So.... Bought a 55k plate used Mazda 5 from a dealer for 5.5k on September 14th 2016 (paid half on Credit Card) Gear shift was sticky but I thought I just needed to get used to the new gear box and got worse recently so took it to a local independent who said that there was a fault with the gearbox and I should speak to the dealer. So last week I emailed and said the car had a gearbox fault and wasn't fit for purpose and offered him an opportunity to fix it. They agreed to have a look and called me today to say that it need a new Syncro Mesh on the gearbox. The dealer says that as its done 1300 miles since I purchased it he's not willing to pay the full cost of repair and is willing to make a contribution towards it. They reckon it will cost about £650. I haven't abused the car in any way and very disappointed with the dealers attitude. I could move to reject the car under Consumer Rights (but its after 30 days) but if he refuses then I'm into a long and lengthy small claims battle. Or should I push him harder? really not sure how to play it or what my rights really are in this scenario? I would be really appreciative of any advice or opinions. Thanks Damien
  2. Hi All Been a while since I have used these forums but was wondering if anyone could offer me any advice on the following: I had an insurance policy with Swiftcover, in April a Drink driver wrote off our car and then drove off. We were deemed at fault and thus lose two years no claims. My issue is, when I took the policy out i had 7 years No Claims Discount. My new insurer are requesting proof of no claims. Swiftcover state that they will only acknowledge 5 years no matter how many you have and therefore as I have lost 2 for my accident they will only provide me with proof of 3 years NCD when I actually have 5. I'm furious:mad2: at this as it will likely mean increased costs for me with my new insurer. Before I make a formal complaint and threaten to take it to the FSA, Can they do this? I have emailed my new insurer detailing this to them and have asked for a response and if they have a similar policy. I would welcome any thoughts, comments or suggestions Many thanks D.
  3. Thanks SSL. Prelim will go off at the weekend....postal strikes permitting!!! lol
  4. Right... er due to various things I havent even sent a prelim to Barclaycard yet or been on cag for the past few months. When i heard about all the hooha with the OFT i assumed it counted for credit cards as well as overdrafts? I confused, can i still claim against Barclaycard given the ongoing OFT investigation/case?:-? Or do i have to wait for the outcome?
  5. I think your right, the publicity is going to hurt a lot of peoples morale over claiming back charges but i hope it doesnt put them off. It certainly hasnt deterred me and prob wouldnt effect any decision to take the matter to court. I dont knoow the details of the case but maybe the guy handled it worng giving the judge cause to find in the banks favour?! In any case i hope thats what it was.
  6. Does anyone think that the Win by LloydsTSB today over a claim will effect the rest of us still trying to claim monies back. I know it hasnt set a Precedent as it wasnt a ruling in the High Court but will it give the banks more ammo to defend?? BBC NEWS | Business | Bank's overdraft charges upheld
  7. Right finally got round to completing a prelim letter to Barclaycard....got lost in the mire when moving house!! Was pleased to note that a judge in the mercantile court has issued a warning to banks to stop wasting time when they have no intention of defending in court. Anyhoo have robbed bits of peoples letters here and there so hope they dont mind..... Much thanks to Mcuth for his eloquent prose which i borrowed from. below is the draft. Any comments welcome: Dear Sir/Madam ACCOUNT NUMBER: ************** REQUEST FOR REFUND OF CHARGES My request I am writing to ask you to refund the charges which you have levied from the above account over the past six years. I now understand that the regime of fees which you have applied to my account in relation to exceeding credit limits, late payment and so forth are unlawful in Common Law, Statute and recent consumer regulations. If you say that they are not, please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches of contract, in order to reassure me that your penalties really do reflect your costs. I am of the view that your charges represent a penalty and are therefore unrecoverable at Common Law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498; the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Wilson v Love [1896]; Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79; Ford Motor Co v Armstrong [1915]; Bridge v Campbell Discount Co. Ltd [1962]; Murray v Leisureplay [2004]. Your charges do not reflect any actual loss; instead they appear to represent a lucrative profit-making scheme. The actual loss is the cost of automatically sending me a computer generated letter which I would respectfully submit is valued at no more than 50 pence. UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (2nd report, 25 January 2005, paragraph 50). Accordingly, the charges applied to my account are not a reasonable pre-estimate of your loss in relation to my account. No-one has had to look at my account or telephone me. No one has had to collect anything. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and outwith, the UK). On a separate note, your charges appear to represent an unfair contract term which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the scope of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under reference to paragraph 1(e) of schedule 2 of the said regulations: ‘Indicative and non-exhaustive list of terms which may be regarded as unfair - 1. Terms which have the object of effect of - (e) requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation’. 0n 26 July 2005, the OFT stated that 'a charge is likely to be disproportionately high if it is more than a court would be likely to award if the lender sued the cardholder for breach of contract'. Because your charges include a large profit margin, in addition to actual loss, they are unrecoverable as an unfair term in contract. It has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. Your responsibilities I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now. What I require I calculate that, as at today’s date, you have taken a total of £575.00 in charges I request that you refund this amount in full, payable by cheque directly to me. Targets to resolve this matter I hope that you will enter into a sincere dialogue with me about this matter and write on the assumption that you will prefer to do this rather than merely respond with standard letters and leaflets. You have 10 working days, from receipt of this letter to reply unconditionally accepting my request in principle and letting me know a date by which I will receive payment. If you do not respond, or do not respond positively, within this time period, I shall send you a letter before action allowing a further 10 working days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that will be no further communication from myself and I shall issue a County Court claim at the expiry of the second deadline. I look forward to hearing from you by return. Yours faithfully, Are Barclaycard still up to their tricks as i havent been on the forum for a while?????
  8. Makes for V interesting reading maybe you should send her a message and see what she says??!!
  9. Yup, i know that feeling, scratching around for court fees to recoup the ill gotten gains of these w@nkers is even more galling especially if your skint:-x Try looking at Moneysavingexpert.com if you havent already im now a convert and they do have some genuinely good advice however stick to CAG for anything related to bank charges. Interested to see how you get on... post it up when you have news.
  10. Suggest you read Bong's thread. If you have th etime and the inclination it may be possible....... Good luck http://www.consumeractiongroup.co.uk/forum/hsbc-bank/33005-bong-hsbc-contractual-interest.html
  11. Keep the faith. Barclaycard are rubbish and we're all in the same boat but the more of us who complain to the ICO and take them to court the more of ther resources are taken up until they will have to realise that the consumer is not here to be pushed around and swept under the carpet.:grin: Currently writing a colorful LBA to see what Whalley and Co come up with. Remember ther ARE wrong and your in charge. Good luck
  12. Well stone me Whally and Co actually sent the statements finally. My jaw did drop.:grin: However they did not send me all of the statements but did cover the six years so cant be arsed to keep pestering but am going to leave my ICO complaint open as am p*ssed off with their attitude and they technically havent yet complied with my SAR fully. The ICO need to know how badly Barclayrubbishcard flout the law and I would urge all who have been given the same treatment to complain to the ICO. Have compiled my list of charges and they total £575 not including interest:eek:. Will be sending prelim out as soon as i get a chance. Thanks all.
  13. :eek: Shock horror. Watched Wistleblower and was horified (as a Barclays account customer at the Guildford Branch with an Addidtions account and a Barclaycard!!!!!!!!!!) to see what was going on. I was left somewhat stunned however it was a call centre that sold me my additions account and i was aware of what that entailed at the time. Going to close it as soon as i have claimed off the free mobile insurance part of the account as my phone is busted!! Wasnt going to bother with the £60 in charges but now i think I may just. Well done to everyone at CAG ive been helped no end and I hope many more will be helped in the same way. D
  14. This seems like a new tack. Basically under the DPA they cant destroy yoru records as they must be kept for a certain period of time. I would write back again requesting your information enclosing a cheque for £10 and threaten everything under the sun including the ICO and court action. You might find that they suddenly find yor statements!!! Good luck
  15. Hi there. You will need to send them a 7 day reminder notice (see template library) and complain to the Information Commisioner : Information Commissioners - Enquiry form I would put it in the letter that you have compliained and that you will take them to court for non compliance if you dont recieve your statements. Good luck
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