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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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      BankFodder

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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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      BankFodder

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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      BankFodder

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
Latest activity

The Great Interest Rate Escalator Trick - Capital One now joining in?

lindyhop

By lindyhop
in Capital One

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MacBoy

MacBoy

Posted
Posted

I have a thread over on the MBNA/Virgin Money area discussing what I believe to be a highly unscrupulous practice by Card lenders to punish their more vulnerable customers by using so-called 'account reviews' to selectively increase their rates of interest to some customers by in some cases massive amounts.

 

It seems that Capital One are also now engaged in this questionable practice. I thought I'd share this with you guys and would welcome your thoughts and input.

 

I had a letter this morning saying that 'based on an account review' (I have a high balance, but monitor my credit record and there have been no negative changes to this since I took out this card - nor do I have any current arrears on this or any other account), they are going to increase my interest rate by a WHOPPING 7% APR :eek:

 

Looking at the agreement, it seems that on the surface of things they can probably do this legally, but I am becoming more and more convinced that due to the:

 

• Apparent selectiveness of the process - i.e. the active targetting of the most vulnerable and the punitive nature of the changes

 

• The sheer amounts of increase involved

 

..that there may be some mileage in challenging this. I'm wondering if these rises could be possibly construed as (dare I say it) penalty charges? I would welcome input from any legal eagles/mods etc if possible.

 

I've requested a management callback from CAP One and will keep you updated.

 

Thanks in advance

Mac

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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MacBoy

MacBoy

Posted
Posted

UPDATE - I was told by the lady at the call-centre that this letter has gone out to 'over two thousand' other Cap One customers today - so some of you may be getting this too. Hopefully we can fight this together. ;)

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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MacBoy

MacBoy

Posted
Posted

UPDATE

Another callback today. It seems that they may be backing down in my case, but the person calling me used fairly weasly and vague language, so I'll be reserving judgement until the clarification letter I asked for (along with my original CCA) arrives. I'll let you know what transpires.

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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Share on other sites
ukaviator

ukaviator

Posted
Posted

Thank you Mac. I have one of their cards. although not used and no balance outstanding. I am going after them for PPI, i wonder if i will get this letter too. I suspect that all of the cutomers who have had refunds will get these letters.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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MacBoy

MacBoy

Posted
Posted

ukaviator

 

I'm not sure they would dare do that! However I do believe that they have software that identifies certain borrower profiles (high balance/min payments, perhaps problems in the past or with other lenders).

 

They then use this to either squeeze these people for massive rate hikes or 'encourage' them to clear their balances/cut up their cards.

 

Therefore I believe that they are peverting the part of the agreement that says that they will 'review' accounts 'from time to time', using this for much more sinister purposes altogether. It's an example of the use of language that on one hand looks like responsible lending to legislators, whilst on the other allowing sharp practice to go unpunished. Allegedly. :cough:

 

We'll keep a listening watch on 124.6, eh? ;)

 

Mac

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites
MacBoy

MacBoy

Posted
Posted

UPDATE

 

Got the management callback. They're not backing down. Have asked them for a more detailed letter asking for the specific reason that I was selected for this penalty.

 

I have also requested an original copy of my CCA.

 

Keep you posted ;)

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites
ukaviator

ukaviator

Posted
Posted

Thanks Mac. I look forward to your findings. . .

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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MacBoy

MacBoy

Posted
Posted

I'm reposting this for clarification as due to the CAG system clock incident yesterday, what should be my latest update is still halfway up the page :lol:

 

UPDATE

 

Another callback today. It seems that they may be backing down in my case, but the person calling me used fairly weasly and vague language, so I'll be reserving judgement until the clarification letter I asked for (along with my original CCA) arrives. I'll let you know what transpires.

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites
MacBoy

MacBoy

Posted
Posted

All

 

Here's the letter for reference. Why not post to let us know if you get one of these, too?

 

Cap_One_01.jpg

 

 

Cap_One_02.jpg

 

Cheers

Mac

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites
  • 3 weeks later...
indebtstudent

indebtstudent

Posted
Posted

Well if worst comes to worst you can insist on the current rates. I had a large balance on a credit card when I was a student and I always wondered what would happen if the banks did that.

 

On the one hand they have you over a barrel, on the other hand some customers are in a position to pay it off or move it elsewhere. Seven per cent seems a huge rise but I forsee the problem being the scale, if that is there rate for lots and lots of people they could argue there is nothing sinister about the increase.

 

If you want to continue using the card then you have a bit of a problem.

 

Do you have access to other low cost credit?

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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