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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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Got my sar docs back ! what next ?


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Hello Shammy,

 

Can you stick to one thread please, I am finding it hard to keep up with you. Mmmh it is amazing how much these penalty charges amount up to:grin: Have you worked out the figures on a spreadsheet. Are you going for the statutory 8% interest or interest at their contractual rate???? I think you will find a credit card template letter in the bank template letters on the main page of the forum. and yes I would tell them that you want the money repaying back to you in the form of a cheque, as you have been deprived of this money.

 

You also need to work out the ppi payment on a spreadsheet, It is your call regarding whether or not to do them together or not.

 

Which company is this card with

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Hi Hell,

Sorry about the thread.I worked out the figures by adding them up from the S.A.R - (Subject Access Request) statments.should i go for interest at the contractual rate or 8% interest ?

The card co is citi

Thanks very much Hell.

 

Hello Shammy,

 

No problem regarding the thread, it is just easier to see the whole story on one thread:grin:

 

Now regarding your calculation you need to put them on a spreadsheet and this will work out the interest from the date they took the charge/ppi to now. Do seperate spreadsheets for the charges and another for the ppi. You can change the interest rate on the sheets to the contractual rate, work that one out, and ask for this first, and then if they don't pay ball, you have the figures for the statutory 8% for court if needed.

 

If you need help shout:grin:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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HI Guys,

Can anyone tell me how to print off one of the letter templates from the library,as i have the computer skills of a drunken lab rat !!!

 

Jesus that many skills:lol: :lol: :lol:

 

Ok there are two parts to your mouse lt click and rt click

 

Find the template letter that you wish to send.

 

Lt click your mouse at the beginning of the letter, and drag the arrow/mouse over the contents of the letter, This will highlight what you want to copy. If you look up to the toolbar on the rt hand top side, you will see page, click on this, it will open up to ,cut,copy paste. click on copy.

 

You then need to go to your word document programme on your computor and click on new page, when the blank page come up. Click on it. go to the tool bar on the top lt, see edit, click on it, cut copy paste will come up, click on paste and there you should have it:D

 

Shout it you get struck

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Thanks Hell,

Got it !!!

 

Yipee:D So now you have the skills of a drunken lab rat that can copy and paste:lol:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi All,

Got my S.A.R - (Subject Access Request) docs from those nice people at co-op cc this morning,I have had the card since 2001 and they have only sent statements up to 2004 and one page from jan 08:mad: .should i write back to them saying they have not fulfilled my S.A.R - (Subject Access Request) request.personaly i dont think they have them or they would have been sent out.

 

Thanks Guys:)

 

Hello Shammy,

 

Hope you have got over your hang-over and got back to your cage:lol:

 

Interesting, they have sent you statements from 2001 to 2004, and one page from 2008, what I wonder has happened to the rest, is this when they applied the ppi????????

 

Send them a non-compliance letter under the data protection act telling them to get their finger out:grin:

 

Data Protection Act - Non-Compliance - Template Letters

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Hell,

Yes i did get back to my cage,but those animal rights activists keep letting me out again...oh well, back down the pub !!!!:lol: :lol:

 

Yes, strange about the odd page from jan 08.

 

The ppi started from day one (2001) on average between £30 and £50 per month for the last six years plus about £600 in other charges.

 

Ive printed off (with my new found skills) the letter before action as their time is up,is this the correct one ?

 

Thanks Hell:)

 

Hiya Shammy.

 

God that made me chuckle:lol:

 

Hey you'll be worth knowing when you get all that lot back, plus interest at their contractual rate, you will be able to get one of those deluxe wheels:lol:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Those wheels are good Hell,but the last one i had cost me £50 a week in WD-40 so as not to wake the neighbours up!!!!:lol: :lol:

 

:lol: :lol: :lol:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Guys,

Can anybody tell me if there is a link on here for a spreadsheet for credit card charges and ppi.The other thing is iwas looking at a post from maroondevo saying that you can claim the whole charge back,not just the difference,is this right ??

 

Thanks Guys:)

 

Hello Shammy,

 

Don't understand your post:confused: Can you explain a bit more please:grin:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Hell,

Long day,lab rats should not drink blossem hill red wine:grin:

 

What i meant was a post i looked at from marroondevo said that as well as claiming for ppi back on credit cards, any penalty charges you incured eg late payment etc for say £25 which was the rate on my card before they reduced it to £12 in i think 2006, after the oft said the charge was to high.

Then when you came to put the charges into your spreadsheet you could claim the whole £25 that was taken and not just the differance £11:???:

 

Hello Shammy,

 

I did with MBNA and they even paid the £12 charged with contractual interst to boot:D Took 3 letters to them, and 3 goodwill gestures to get it, but very financially viable:lol:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi guys,

Tried a couple of the spreadsheets but still not sure which one is the best one to use.Maybe i would be better off with an abacus !!:) DUUUUUUHH !!

 

Hello Shammy,

 

Have a look at these, they were in the bank template section on the main page, do you have the software on your computor to open them:grin:

 

England - Advanced - Excel

England - Advanced - Works

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Morning All,

Have sent of my first claim for charges and ppi for one of my credit cards(after a lot of help from HHNF!) but the other two have not complied with my S.A.R - (Subject Access Request).

I have sent both of these companies a letter before action,but i was wondering what the actual process is when you apply to the court to force them to comply,are there any particular forms you need to ask for etc ?

 

Thanks Guys:)

Hello Shammy, have you checked that they received them on the royal mail website and did you send them this non-compliance letter. Did they cash the cheque???????

 

Data Protection Act - Non-Compliance - Template Letters.

 

If you did, then you need to report them to the information Commissioners office and ask them for assistance.

 

Have a look for the information in the statutory links in the main page of the forum. There is a complaints form that you can download.

 

Also if it gets to this stage, you can issue court proceeding to get ithe SAR. You will find information regarding this in the bank template letters section on the main page of the forum:grin:

 

Good luck and shout if you need help:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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hi hell,

Just checked with royal mail and one has been delivered,but the other one sent to rbs cc on 5/2/08 has been lost and the nice lady said i must now fill in a claim form:mad: but i have already sent off the lba to rbs.

 

To make matters worse i cant find the reciept for the postal order!!!!!!!!

 

HAPPY DAYS!!! :mad:

 

Hello Shammy,

 

Stop looking for it and it will come to you, works for me;)

 

Well wait and see what they come up with:wink: You can always send another, when you find the receipt for the postal order:)

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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hi hell,

will do............ probably flew out of my pocket when i was trying out my new deluxe wheel !!:grin: :grin:

 

:lol: :lol: :lol:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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bump

 

Hello Shammy,

 

Did you send the company a preliminary letter and then a letter before action.

 

It is your call really regarding whether or not to give them a bit more time as long as they don't take the tea and the biscuits. or you can issue legal proceeding against them. This will take time to get your particulars of claim correct.

 

On the one hand you will be seen to be fair and give then a reasonable time to respond, on the other they make not take you seriously. On the other hand (oops thats 3) they may come up with the goods.

 

Your call:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 4 weeks later...
Hi Guys,

Bit of an update on my long running ppi/chrges crusade.

 

Had a letter from the co-op regarding my cca request i sent brian carter in feb.The letter is as follows.

 

"Your letter to our agents suggests that the bank is required to provide three seperate documents before you recognise your financial obligation to the bank.Unfortunatly you appear to be quoting US legislation which is not applicable in this country.?????????????????

 

At this stage i have enclosed statments which represents

periods between April 2003 and March 2008.These statments confirm that you have utilised the account on a regular basis and that you have had the benifit of credit available to you and have made payments to the account manually and by utilising the direct debit facility.

 

I trust that this demonstrates that the debt is accuratly recorded in your name and that statments have been issued to the address that you provided,and that features and facilities of the account have been provided in line with the terms and conditions of the account

 

As such if you fail to make payments we will arrange for the banks debt recovery procedures to be applied blah blah blaaah."

 

Ok,firstly would i be right in thinking that they obviously dont have a valid cca,and also i have already lodged a claim with them for a return of mis sold ppi and charges which puts the account in dispute.

 

Any thoughts on how to reply to the "customer led ethically guided" toe rags would be most appreciated. Thanks Guys:)

 

Hello Shammy,

 

What did you put in the letter you send them:o

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Guys,

Bit of an update on my long running ppi/chrges crusade.

 

Had a letter from the co-op regarding my cca request i sent brian carter in feb.The letter is as follows.

 

"Your letter to our agents suggests that the bank is required to provide three seperate documents before you recognise your financial obligation to the bank.Unfortunatly you appear to be quoting US legislation which is not applicable in this country.

 

At this stage i have enclosed statments which represents

periods between April 2003 and March 2008.These statments confirm that you have utilised the account on a regular basis and that you have had the benifit of credit available to you and have made payments to the account manually and by utilising the direct debit facility.

 

I trust that this demonstrates that the debt is accuratly recorded in your name and that statments have been issued to the address that you provided,and that features and facilities of the account have been provided in line with the terms and conditions of the account

 

As such if you fail to make payments we will arrange for the banks debt recovery procedures to be applied blah blah blaaah."

 

Ok,firstly would i be right in thinking that they obviously dont have a valid cca,and also i have already lodged a claim with them for a return of mis sold ppi and charges which puts the account in dispute.

 

Any thoughts on how to reply to the "customer led ethically guided" toe rags would be most appreciated. Thanks Guys:)

 

Hello Shammy

 

Ok is this their response to your ca request and Brian Carters are their agents. In what respect are BC their agents, are they a DCA???????

 

Can you post up your letter that you sent them please:D So we know how to respond to this

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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HI Hell,

yes brian carter is a dca,but the letter i sent them was a basic cca request from the templates section,unless they are refering to the S.A.R - (Subject Access Request) i sent them but they are both from the templates section

 

 

Hello Shammy,

 

Have you thought how you are going to respond to this rather biazarre letter from them.

 

I am rather fond of a arguement for arguements sake, can't stand when they give riduculous responses and think that they have the last say:-x

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Hell,

Ive been racking my brains on how to word a suitable reply,any ideas ?

I wonder if they have opened a new department for ludicrus replys,you know the old saying if you give a million monkeys a million typewriters eventually one of them might come up with a valid cca:D :D

 

It does sound to me like they have no cca by the gist of the letter though,and i wonder should i state in my reply that the acc is in dispute because i have a claim in for a refund of charges and ppi

 

Hello Shammy,

 

Ok if the Dca have not complied to your request under section 77/79 of the CCA, within the 12 working days they have committed a breach, if this continues for 1 further month they have committed a criminal offence. So the account would be consider in legal dispute after the 12 working days:-D

 

Are the dca owners of the alleged debt or acting on the original lenders instructions;)

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Hell,

After a lot of trawling through my paperwork it was a S.A.R - (Subject Access Request) that i sent them on 5/2/08 from a basic template letter on cag.It seems that there are two different depts working on this as they have already complied with my S.A.R - (Subject Access Request) weeks ago,then the other day more statements arrived with the letter saying that my request was not valid under uk law from a different dept.What a mess !

 

Regarding the cca request,brian carter are in breach and have gone over the time and have commited an offence. Iam not sure if they own the debt or not,how would i find this out ?

 

Thanks Hell your help is much appreciated :)

 

Hello Shammy,

 

It is important to find out if they are the owners of this alleged debt:p so we know how to tackle this ca issue.

 

Dca work in different ways with customer accounts

 

They are instructed to collect payments and earn commission of payments made, and give them to the original creditor

 

They have been sold the debt and the assignment/sale is equitable, meaning that they share the debt with the orrignal lender.

 

They have been sold the debt and the assignment/sale is absolute, meaning that they have bought the debt completely and have all the legal responsibility thereof:p

 

Try and draft a letter to them and I will look over it for you:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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