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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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Who to complain to about DCA


Sparklez30
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As a bit of background when I S.A.R Hillesden Securities about an old MBNA credit card they sent me a statement of the account clearly showing I overpaid by £120 in May 07 and they wrote it off 3 months later without ever informing me or refunding me.

 

I have written to them given the 7 days to refund the overpayment to me with interest at 8% and asked for a copy of their complaints procedure to be sent to me within 14 days.

 

It is now 14 days and still no refund or response so I want to write again giving them 7 more days before I report them to the relevant regulatory body.

 

Problem is I don't know what regulatory body I would be reporting them to as I want to add this information to my letter.

 

Can someone advise please (as I'd like to get this letter out today if possible!).

 

Am still mad about all this and cant believe they can get away with just writing off my money!!!!!!:mad:

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They are obliged by law to have a complaints procedure. If after 8 weeks they do not respond then report them to the FOS who will charge them £400 to investigate your complaint. In the meantime complain to TS

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another great idea. I'm so mad about this I'm prepared to complain individually to everyone in the country to get word of them about lol.

 

Surely if their whole business is based around collecting money they should not be able to get away with "writing off" accidental overpayment?:mad:

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Why don't you issue a CCJ against them ? or even get a debt collector to chase them for the debt !!

Might I suggest Mr P Edwards. He is an amazing collector with the ability to travel at the spped of light and can be anywhere in the British Isles on a Tuesday between 8-00am and 9pm. Although he promises thousands of people weekly that he will appear he never does.

 

You could pretend to be a courier company and get them to ring you on a premium rate phone number and tell them you have a parcel to deliver

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  • 2 weeks later...

I've had a slight result in relation to my overpayment. See below a copy of my letter to them and their response:-

 

A E Locke

HILLESDEN SECURITIES LTD

BUCKINGHAM ROAD

BRACKLEY

NN13 7DN

 

 

Dear Sirs,

 

Re Account No xxxxxxxxxxx – Formerly MBNA Europe Bank xxxxxxxxxxxxxxxxxxxxxx

 

Thank you for your prompt response to my Data Protection act Subject Access Request however not all of the requested documents were enclosed. I have still not received from either yourselves or MBNA a copy of the default notice and notice of assignments, please send these to me or confirm if no such documents exist. Neither yourself or MBNA has been able to prove to me that Hillesden Securities had any right to chase me for this debt or process my data with credit reference agencies which is extremely concerning for myself.

 

As per my previous letters you are also aware that unlawful charges have been added to this account and therefore the default you have filed is for an incorrect amount and must be removed by you. Please confirm to me in writing that the default is being removed due to the incorrect information currently being filed by you.

 

It is also clear from the statement that you provided me that I have overpaid you by £120.00 on 31st May 2007. This overpayment was written off by you but it should have been refunded to me. As you are a consumer credit licence holder I am appalled that you have never written to inform me of this overpayment or forwarded any statements. Had I not sent a subject access request I would have had no way to know that this account had been overpaid by me.

 

I cannot understand why a cheque to refund the overpayment was never sent to me and feel that this is extremely bad practice particularly for a company that deals with outstanding debts on a regular basis. I wish to make a formal complaint in relation to this matter and as such will require a copy of your complaint procedures. I will be looking to receive compensation for the time and effort I have had to put in, in relation to this and upset your mistake has caused me and I look forward to receiving your thoughts on this matter.

 

In relation to the overpayment I have made I urgently require a cheque totalling £126.86 made up as follows:-

 

£120.00 refund of overpayment made in May 2005

£6.86 interest at the statutory rate of 8%, the amount the court will award

 

£126.86 Total

 

Please forward your cheque for £126.86 made payable to Ms Sparklez30 within 7 days.

 

I look forward to receiving your response to all of the above within 14 days and your cheque to refund my overpayment within 7 days.

 

In response I received the following letter today:-

 

Dear Miss Sparklez30

 

Thank you for your letter dated 15th February 2008. This has been passed to me for attention.

 

I can confirm and advise the following:

 

1 Please find enclosed a copy of the key pages of the sale agreement between Hillesden Securities and MBNA. Please note that we will not be able to supply a full copy of the agreement because the information containerd within it is commercially sensitive, however we would be happy to supply a full copy to a judge when required in court.

 

2 Our System does not recognise accounts that have received payments over the required balance due and I apologise that this had not been picked up sooner on the above account.

3 Please find enclosed a cheque in the sum of £150 in refund of the over payment made in May 2007 plus 8% interest..

 

I apologise again for the inconvenience this has caused and should you require any further information, please do not hesitate to contact me on the number below.

 

Yours sincerely

 

A E Locke

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Congratulations, I think it was the way your letter was worded - in THEIR terms, that made them understand what was going on... pity you didn't charge for your time in the amount claimed either but as they paid more than you asked it is a RIGHT RESULT...:)

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Although I am pleased that they've given me slightly more money to refund me than requested I am still unhappy with their explanation and I still want to push the complaint and Default removal so I've drafted up the following letter.

 

Would be very appreciative if someone wiser than me could take a look and advise what you think of my response? I'm still mad about them pocketing my money so I want to have my complaint heard!

 

A E Locke

HILLESDEN SECURITIES LTD

BUCKINGHAM ROAD

BRACKLEY

NN13 7DN

Dear Sirs,

Re Account No xxxxxxxxxxxxxxx– Formerly MBNA Europe Bank xxxxxxxxxxxxxxxxxxxxxx

Thank you for your letter dated 7th march 2008 enclosing a cheque for £150 to refund my overpayment plus interest.

Unfortunately there are still points in my letter dated 15th February 2008 which has not been dealt with and I am not fully satisfied with your response in relation to my overpayment.

I informed you that although I have requested a copy of my Credit Agreement, Notice of Assignment and default notice from both you and MBNA I have not received copies of any of these. You have therefore not proved to me that I allowed you to process my data with Credit Reference Agencies.

I have never received a copy of the notice of assignment or default notice yet a default has been placed on my file by you with the credit reference agencies. Also the amount the default has been marked for is incorrect due to unlawful charges and mis-sold PPI insurance. At present, MBNA have refunded me £144 as part settlement in relation to unlawful charges leaving a figure still being disputed and they are still looking into the complaint about mis-sold PPI cover.

As the default you have entered against my credit file is factually incorrect and you have been unable to prove you have the right to process my data I require you to remove the default from my file with the Credit Reference agencies until such time as you can provide the required documentation and provide a correct figure to file against my account. The data protection act is very clear about your requirements to be able to process my details and therefore I would like to direct you to Section 7 of the Data Protection Act and Section 13 of the Data Protection Act that deal specifically with these issues. If you do not provide me with the required information and correct my credit file to reflect the actual balance outstanding I will have no option but to take legal action in relation to this matter.

I also asked for a copy of your complaints procedure to enable me to make a formal complaint in relation to the way my overpayment of £120 was handled by Hillesden Securities. This has still not been sent to me and I therefore ask for this to be forwarded within 14 days or I will have no option but to report this matter to the relevant regulatory body.

In your letter dated 7th March you state that your system does not recognise accounts that have received payments over the required balance due and you apologise that this had not been picked up sooner on the above account. I appreciate your apology however I also point out that someone from within your organisation accessed my account on 28/10/07 to “write off” the £120 overpayment however they processed the write off incorrectly causing the balance to increase to £240 overpaid. Someone then accessed my account again on 04/11/07 to “write off” the £240 overpayment to bring the account back to zero. Had the account remained overpaid your explanation would be suitable however Hillesden were aware of my overpayment in October 2007 but made no effort to contact me regarding this matter or to refund my money.

There were 2 clear opportunities for Hillesden Securities to refund me the overpaid amount however instead you have written the money off. This I find completely unacceptable. I myself work within Accounts and therefore am fully aware that this is extremely bad business & accounts practice. As your business deals primarily with financial transactions and bad debts I consider it unreasonable that your procedure for recognised overpayments is to write off the money and not inform the customer of their mistake. I therefore still wish to make a formal complaint in relation to this matter. If I do not receive confirmation of your complaints procedure within 14 days I will have no option but to report this matter to the Financial Ombudsman Service and the Office of Fair Trading.

I am also looking to be compensated for the time, effort and upset this matter has caused me and I had requested that you look into this and advise. You have made no reference to this within your letter dated 7th March 2008.

In conclusion I require from you:-

· Either copies of the Consumer Credit Agreement including the terms and conditions, default notice and notice of assignment and the default you have registered on my credit file to be amended to the correct amount for the above account or removal of the default placed on my account with the Credit Reference Agencies until this information can be supplied.

· A copy of your complaints procedure within 14 days

· An explanation as to why I was not refunded immediately upon you finding the overpayment on the account in October 2007 and compensation for the time, effort and upset this matter has caused.

I trust that this clarifies my point and I look forward to receiving your response within 14 days.

Yours sincerely

Sparklez30

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Congratulations, I think it was the way your letter was worded - in THEIR terms, that made them understand what was going on... pity you didn't charge for your time in the amount claimed either but as they paid more than you asked it is a RIGHT RESULT...:)

 

Thanks :) but I'm still feeling difficult and as it seems they may actually be having to write me personalised letters on the matter I think I will continue to kick up a fuss!

 

I really think they have acted awfully!!!!

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  • 1 month later...

Just a quick update still sending letters back and forth and getting nowhere really. They still don't seem to think that not picking up my overpayment before I did is a problem and just keep blaming their system which is just rubbish. I stand by someone tried to write off my overpayment twice so there were 2 opportunities before my SAR for this to have been picked up whether their system "recognises overpayments" or not! And anyway what kind of accounts system can't see overpayments - what a load of rubbish!.

 

Am seriously considering making a complaint as I worry this could happen to more people and I really think they need to address this problem to ensure it does not reoccur!

 

Also sent the lovely default removal letter and notice from off this forum which should give them some more reading lol.

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i have and they sent it and in their last letter they state they feel they have resolved as soon as it was brought to their attention and until their system is changed in Spring 2009 there is nothing more they can do.

 

I think I will complain to the FOS cause I think keeping overpayments unless they are found out is not good practise! THanks I think you've spurred me into the action I knew I wanted to take :)

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