Jump to content


  • Tweets

  • Posts

  • Our picks

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

HS v Monument


HKS
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6227 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi!

 

Have sent letter requesting charges repaid in full to Monument. They received that on 13 July 06 although when I called on 14 July, they said that as it was sent to their head office and not their Customer Services address, it would have been destroyed - obviously not the case as they replied to it!

 

They have told me they will reply by 09 August with either an answer or an update. That will be 3 wks and 5 days since they received my letter.

 

I know they are fobbing me off but I am unsure what to do next - help!!

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

Link to post
Share on other sites

seemy thread here http://www.consumeractiongroup.co.uk/forum/other-institutions/10578-noobrider-monument-et-al.html they will send the statements eventually so hang on in there

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

Link to post
Share on other sites

Hope somebody can help!!!!

I received a list of my statements and somestatements of another customer with all her details on which I find appalling. I then sent them back a letter on the 27 June saying that I wanted to be reimbursed for the full amount which totals £384. I have not yet had a reply and the 14 days is up. Can somebody advise on what I need to do now. I also enclosed in my letter the copies of somebody elses statement

What should I do?

HELP!!!!!!!!!!!!!!!!!!!!!!!!!!.

Link to post
Share on other sites

In respect of the statements with someone elses details on, that is disgusting and I have no idea what you do about that other than send them back.

As the 14 days are up, you need to send them the LBA (letter before action) letter. Stick within the timescales that CAG suggest. If they then ignore that, after 14 days, you should issue a moneycaim.

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

Link to post
Share on other sites

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

Link to post
Share on other sites

Thanks HKS.

Can you direct me to where I can find the LBA letter? I have been looking for this but getting all confused now with all the forums and trying to find it from the Templates.

Thank you!!!!!!!!

Link to post
Share on other sites

Thanks Maddyrose.

 

Have you had any joy in getting back your charges from Monument?.

Im still shocked that they sent me somebody elses statements with all their details included with mine which I sent back to them and explained that this was very unprofessional.:oops:

Link to post
Share on other sites

No joy yet. Starting MCOL next week. Will keep you posted.

 

It's shocking that you received someone else's statements. Did you keep a note of account holders name? You could have used that as evidence that they are useless and reported them to whoever covers the Data Protection Act as they are seriously in breach of it.

Link to post
Share on other sites

Hi

 

Send them another letter stating "In receipt of your reply to my letter dated ? unfortunately your timescale is not acceptable. Please refund as per my letter dated ? by the 14 day deadline otherwise I will take further action". If that's your first letter they have responded to then wait the 14 day deadline then send out the second letter again "I regret you have chosen not to refund me etc etc" then wait the 14 days then take them to court.

 

I received a letter from Monument saying they would reply by a certain time - I wrote and said it was unacceptable (sending the 2nd letter). I then got a letter offering part refund with an envelope where they ask me to agree. I sent a letter back saying "this offer is unacceptable, please refer to my letter (2nd) dated ? and refund full amount within the 14 day deadline otherwise I will start court proceedings".

 

I am waiting.

 

They are using delay tactics. Don't put up with it. Keep me posted.

Joan

Link to post
Share on other sites

Thanks Joan. Will do that. Keep me posted on how you are going too.

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

Link to post
Share on other sites

LBA sent today after receiving the normal bugger off letter.

 

Wish me luck!!

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

Link to post
Share on other sites

Hi

I have received a letter from Monument offering me half of the £384 whic is £192. They have also advised me that they have put more charges of £48 since my request for a refund so the total comes to £216. They will not refund the interest. What do I need to do next?

They also quoted

 

"Under the terms and conditions of the account which you agreed to be bound by when applying for the Monument visa card: a £24.00 late paymetn fee is applicable if you do not make at least your minimum payment by the payment due date and a £24.00 overlimit fee is applicable if you exceed your agreed credit limit. Futher to this we have confirmed that interest is applied to any outstanding balance on your account at the contractual rate each month. At Monument we believe it is fair that when a customer pays us late or the balance on the account exceeds the agreed credit limit, the costs incur are borne by the customer.

We would remind all customers that fees are easily avoided by making payments on time.

We have concluded that Monument has acted responsibly in the management of your account.

Then they go on to say

Should you no longer be prepared to accept and wish to be subuject to the account terms and conditions and close your account, we have requested that you advise us. We request that you note you would be liable for any outstanding balance on the account.

In respect of your request for removal of information held with the credit reference agencies, I can confirm that monument will not be accomodating this request. Monument is obliged to ensure that the records held the credit reference agencies are a true and accurate reflection of your account history".

 

They then go on to say, I can make a complaint with the Ombudsman within the 6 month timescale and any offer will lapse from Monument after six months.

 

What do I need to do now, accept the offer or ask for the full amount. What makes me angry is the fact, they never made any reference to the fact they included another ladies statements in mine with all of her account information.

 

Hope somebody can help to guide me from here.

 

Rgds

M

Link to post
Share on other sites

They write that in all letters I think!!

 

You have a few of options.

1. Accept the offer

2. Say, Thank you for you letter dated...... I accept your offer of...... as a PARTIAL refund and you have 14 days to credit the rest to my account. Put that at the top of the LBA letter and follow the normal procedure of MCOL or N1 form.

3. Send LBA stating you want all money back and decline the partial refund - again follow normal procedure.

 

They probably won't put anything like that about the statements in writing as there is proof then that they are in breach of DPA. They are no doubt hoping you haven't kept copies.

 

Hope that helps!

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

Link to post
Share on other sites

ps add the new charges onto your total as well.

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

Link to post
Share on other sites

Thanks for your help HKS.

Is it necessary to send the MCOL or N1 form at this stage If I reply and state that I am happy to accept your offer as partial refund and you have 14 days to credit the full amount to my account.

or

Should I just taylor the LBA letter to request the full amount.

Link to post
Share on other sites

Don’t issue the form until the 14 days are up. You need to give them that time to refund the money. I can’t tell you either way what the best option is. If it were me, I would accept partial refund and doctor the LBA letter to say that I accept the money as partial settlement and look forward to receiving the remainder within 14 days- , then after 14 days if I hadn’t received the total amount, I would issue a claim for the rest.

I hope this makes sense!

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

Link to post
Share on other sites

N1 issued today. Any ideas on timescales?

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

Link to post
Share on other sites

  • 3 weeks later...

I am 2 days from issuing judgement. I used N1 form, do In need to take the issue of judgement to the court or can it be posted?

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

Link to post
Share on other sites

Hi

I received a response from monument saying that they would just refund me half my fees and no further review will take place and monument will not enter into any further correspondence regarding this matter. Their 14 days were up yesterday to refund the full amount so should I just send another letter giving them seven days and then start court proceedings. Does the seven days include weekend as well?

Thanks for your help

Link to post
Share on other sites

Yes 7 days include weekend. If the last letter you sent was LBA and 14 days are up - issue proceedings. I had a letter from them today offering me half!!

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

Link to post
Share on other sites

  • 7 months later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...