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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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Rbs Account Closed


mssiah
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Hi, Mssiah.

 

You need to take some time reading this......

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html?garpg=4

 

Then, once you know whats involved, have a look at this.....

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Any questions, just ask. There's always someone willing to help you out.

 

Regards.

 

Scott.

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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The bank should not be able to close your account immediatly without first informing you by letter. This letter then allows you 14 days in which to repay outstanding amounts and or setting up new accounts elsewhere. they may have "Frozen" your account but you should still be able to access details.

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

If ive been helpful tip the scales!

or better still

DONATE TO CAG - every tenner helps!

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Hi, Mssiah.

 

The first letter you should send is here.....

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

This will enable you to total up all the charges you can claim back.

 

Regards.

 

Scott.

 

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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Hi, Mssiah.

 

Not sure if there is a template letter for your complaint on the site.

Have a look at the Financial Ombudsman's Site, it explains how to make a complaint......

 

Financial Ombudsman Service

 

Have a look at this thread...........

 

http://www.consumeractiongroup.co.uk/forum/general/63646-alliance-leicester-fined-fos.html?highlight=retalitary+account+closure

 

Regards.

 

Scott.

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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I have just gotten my closing statement and it reads

Closing Balance 120 pounds.

 

The bank now send me this letter after I sent them a letter informing them that I was not happy and I believed the action was retaliotory.I need advise pls.

 

Dear Smart.

 

Thank you for your letter.I have now read your letter carefully and investigated the issue raised.

 

I understand you are unhappy because you feel we closed your account as a result of you enquiring about direct debit placed on your acct.

 

I can assure you that your account was not closed for this reason.Our record show that you had an overdrawn debtor balance on your acct from 20 December 2005 and there was only one credit of 10p on 6th May 2006.

 

I know Mr Bolevard at Customer Relations responded to your complaint and informed you that your acct was overdrawn because of three unpaind items.

 

When you brought the issue of your overdrawn balance to our attention,as your acct has not been used since December 2005.The decision was made to write off your debt and close your acct.This is inline with our policy whne dealing with debtor balance acct.

 

I have enclosed your closing balance and I hope I have been able to explain our position.

 

If you are happy with this letter you dnt need to do anything .This will show that both you and the bank are content that the case has been resolved.

==================================================

NOW can someone tell me what is a debtor balance acct and what now happens to the closing balance OF 120POUNDS.I intend to send them the below letter please advise

 

REQUEST TO REOPEN ACCT

I have been a loyal customer of Royal Bank of Scotland and wish to continue giving you my custom. However, in a recent letter from yourselves you informed me that my account was closed because I made a claim and asked for clarification/claim against yourselves to penalty charges unlawfully levied against my account.

 

After seeking advice I have discovered, that the Royal Bank of Scotland charges are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

 

I still believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law.

 

I believe that you are in breach of section 14.1 of The Banking Code to which you subscribe where you are duty bound to treat customers “positively and sympathetically”. In closing my account I believe that you would also in fact be punishing me for daring to file a claim against your organisation for unlawfully applied bank charges levied against my account. Under consumer protection legislation and common law I am perfectly within my rights to pursue such a claim.

 

I find it unbelievably unfair that you would even consider closing my account given my grievance with you and would formally suggest that this would in fact be inappropriate and highly disproportionate behaviour by yourselves. Please be aware that I will NOT be bullied or intimidated as I have the full weight of the law on my side. Should your view differ then you will leave me with no alternative but to make an official complaint to the Financial Ombudsman.

 

For the avoidance of doubt I now request a copy of the original contract that I signed with the Royal Bank of Scotland and a copy of the terms and conditions at that time, along with any subsequent amendments to these terms and conditions until they reflect your current terms and conditions. Also I request a detailed report of which clause, in the terms and conditions, each charge had been applied against.

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  • 4 months later...

Hi,

 

I Have A Default On My Credit File And So I Sent A Cca Request To The Bank.the Bank Responded Back And Informed That I Have No Credit Agreement And Authorised Borrowing Since It Was A Step Account.

 

They Also Informed Me That The Default Notice Was System Generated So They Are Unable To Provide A Copy.

 

According To The Cca A Default Can Only Be Issued For A Valid Regulated Credit Agreement.

 

Can I Claim Damages Because Of This Action

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You have a default on your credit file because of the debit balance of £120 on your a/c which the bank closed and wrote off the £120. This doesn't mean that the debt is no longer there, just that they have agreed not to chase you for it, but they can still register the default.

 

The CCA does not apply to bank a/c overdrafts, so as the bank says, there will be no Credit Agreement

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The CCA does not apply to bank a/c overdrafts, so as the bank says, there will be no Credit Agreement

Not entirely correct Michael the agreement is just different for overdrafts than for other credit agreements. Section 74 of the Act allows for certain types of agreement to be excluded from part V (form and content) where the OFT has so determined. This detemination (the Determination) regarding overdrafts under section 74 was made on 21 December 1989 subject to three conditions.

 

(a) That the creditor shall have informed in writing the OFT of his general intention to enter into agreements to which the Determination will apply;

 

(b) that...the debtor shall be informed at the time or before the agreement is concluded

- of the credit limit, if any;

- of the annual rate of interest and charges applicable from the time the agreement is concluded and the conditions under which these may be amended;

- of the procedure for terminating the agreement

and this information shall be confirmed in writing.

 

© that where a debtor overdraws his current account with the tacit agreement of the creditor and that account remains overdrawn for more than 3 months, the creditor must inform the debtor in writing no later than 7 days after that 3 month period of the annual rate of interest and charges applicable.

 

However the bank will argue that as this was a step account there is no overdraft facility.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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Thank you all.

 

I have read the CCA and it states ,that for a default to be placed on your credit,the creditor must have sent you a default notice.

 

RBS did not provide a default notice when I made a CCA request.So I have asked them to remove the default on my file .

 

Also they have refused to provide the transaction that made my account overdrawn.Legally are they Obligated to provide the details of the transaction which has resulted in the account being overdrawn?

 

Your comments will be highly appreciated.

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Thanks A Lot Big Mac.

 

Does Any One Have A Copy Of The Terms And Condition For A Life Insurance Policy With Natwest.

 

Is There A Way I Can Request This Document From The Bank.

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  • 3 weeks later...

after series of letter the bank has refused to remove the ldefault on my credit file and has also refused to provide the original default notice because they state they are not obligated to provide the original default notice.A CCA is not applicable to a step account because there is no credit agreement.They have also sent me their final response letter.

 

The reason why my bank accout was overdrawn was because I applied for a royalties gold account and they sold me a life insurance policy.They never gave me the royalties gold account but applied the premium for the life insurance on my key account.I was out of the country then and when I came back they informed me that my bank account was overdrawn.when i enquired about the transaction that made my account overdrawn they immediately closed my account.

 

I never authorized them to apply the life insurance on my key account and I never used the services of a royalties gold account.

 

I have now sent a SAR demanding for the original default notice and terms and condition for the life insurance policy and any other application for bank account which I have made with the bank.

 

Can anyone give his candid opinion.Is it possible for me to get the default removed.

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please can anyone give me his candid advise,am really surprised this obviously is a mistake on their own part.Although I understand I have to get a ll documentation to prove this.They have refused to give me detail of where the debt originated from and I hope they include it in my subject access request.

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I have also read that in the forum that a default is issued when a credit agreement has been defaulted.There is no authorised borrowing for a key account and no overdraft.The mistake is from the bank but they will not admit it and have registered a default on my credit file.

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Hi, mssiah.

 

I'll ask someone to help you.

 

Regards.

 

Scott.

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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