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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.

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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.
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      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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PPI Claim & interest - Barclaycard


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Ah ha!

 

Thanks Hellhasnofury - it all makes sense now. The last statement I had says my interest rate is 24.9%. That should make a bit of a difference :)

 

 

 

By the way, this one was at the bottom of the pile of statements:-

 

http://www.campbellphotographic.co.uk/images/misccharges0001.jpg

 

Does this mean they zeroed the account because they handed it over to RMA (in breach of CCA, but what the hey!)?

 

Yes it looks good now you don't owe them anything, but have rma been in touch:-x.

 

Also be mindful of the amount that was allegedly owed and sold for, as rma may add a bit to it (another dispute:D)

 

Back to the spreadsheet, they really are quite easy when you understand them:D

 

Hope you are a bit happier with the amount: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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That's what I don't get.

 

I got a letter in November from RMA stating that they are now acting as agents for Barclaycard (no mention of buying the

debt), but as this account is in dispute I wrote back and said P'** off matey, and I haven't heard from them since (well,

what I actually sent was this letter from slick132;

http://www.consumeractiongroup.co.uk/forum/show-post/post-1831773.html).

 

 

As for the spread sheet, I will have to split the amounts I'm asking for.

 

I stopped paying the card in March 2008, but they continued adding late charges, PPI and interest until Nov 2008.

So I need to claim back money I've actually paid, but also get the extra charges I didn't pay removed from the balance

on my account.

 

I assume I can do it like that, or do they just take anything they decide to actually give back as a credit to the account?

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Right then ... I've worked out the calculations of what they owe me. What do I do now?

 

Is there a template letter somewhere on here for creditcards with %age calculated monthly PPI?

 

Do I just send the letter with the totals, or do I have to send all the calculations as well (i.e. a print of the spreadsheet)?

 

Is it a major problem that I can't remember where or how I got the card? Can't remember if it was on the phone or in the bank.

 

Also when do I claim from? The date of my SARs to now or just exactly six years back from todays date? A little clarity on the basics would be helpful :)

 

Cheers

samcam

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Right then ... I've worked out the calculations of what they owe me. What do I do now?

 

Is there a template letter somewhere on here for creditcards with %age calculated monthly PPI? don't think so

 

Do I just send the letter with the totals, or do I have to send all the calculations as well (i.e. a print of the spreadsheet)?yes send them a copy of your spreadsheets and also put the totals in your letter.

 

Is it a major problem that I can't remember where or how I got the card? Can't remember if it was on the phone or in the bank. Wait and see what comes back from them

 

Also when do I claim from? The date of my SARs to now or just exactly six years back from todays date? You claim from as far back as you know

 

A little clarity on the basics would be helpful :)

 

Cheers

samcam

 

Hello Samcam,

 

I have answered your questions in red above, get you letters off to them as soon as possible, send it recorded and check on the royal mail website that they received it (you can also print off a signature of acceptance)

 

Give them 14days to respond:D

 

Good luck:D and keep us posted as to progress.

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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Was about to go to the post office and post my claim letter, when I spotted this post on one of my other threads:-

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1913598.html

 

I assume the same is true of creditcards? I should seperate the claim for PPI and charges?

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Credit cards are not affected by the OFT Test Case samcam , so you possibly don't need to separate them ..... however it may be easier to keep tabs on them if you do ....

 

Someone else may come up with a better reason for separating /not separating them ........ :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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That being the case, does that mean I should be able to claim back more than 6 years of PPI (i.e. ALL of it)?

 

Of course I'll need to get the statements from BC - they only give me last 6 years and everything from before May 2004 sent as good will gesture.

They said because its on microfilm it doesn't count as a "Relevant Filing System".

 

However, I just got this from the ICO:-

 

"Dear XXX

Thank you for your correspondence dated 30 December 2008 in which you ask whether microfilm would be classed as a relevant filing system under the Data Protection Act.

Manual data is only covered by the Data Protection Act if it is held in a relevant filing system. In your situation it will depend on how the microfilms are filed and labelled.

I would be grateful if you could clarify which credit card company you made your request to as our office have recently ruled that Barclays and Abbey’s microfilms did form part of a relevant filing system, and so the data held was covered under the Act."

Hopefully that will include Barclaycard as well, but I'm waiting to hear back. If so BC are gonna get blasted! :)

 

I'll keep you all up to date.

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Hello samcam,

 

this is Helhasnofury's department on sums and calcs. I should point the question to hhnf politely as she can rip bankers apart and if you are mistaken for a banker then it is time to subscribe to another thread a million miles away:D:D

 

Hello hhnf just a little hint at your power:eek::cool:

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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further info from ICO. I replied to the message above saying:-

 

Dear x

 

Thanks for getting back to me.

It’s for both Barclays and Barclaycard. I sent DPA SARs to both, along with the statutory £10 fees requesting all information, letters, etc relating to my entire banking history with them for my accounts.

All I got back was prints of current statements and a letter stating that any information before May 2004 has been put on microfilm and according to the Information Commissioners Office microfilm doesn’t count as a relevant filing system as defined by the DPA.

I just assumed that any information relating to my personal accounts can only be stored with other information about MY accounts because it is Private and Confidential and therefore needs to remain “readily available” (I believe that is the term from the DPA) and therefore ALL should be provided under a DPA SARs request, regardless of how it is stored.

If I understand your message correctly (see above post), you are saying that even statements stored on Microfilm are part of a relevant filing system and therefore must be provided under a DPA SARs request?

If so, this is good news. But I hope to hear from you soon with some actual clarification.

Kind Regards,xxxx

 

They replied:-

 

Dear xxxxx

Thank you for your further email.

In answer to your further queries the answer is yes, the information stored on microfilm does form part of a relevant filing system and so this should be provided to you.

If you would like our office to look into the issues you raise further, please provide copies of your original requests and copies of the responses that you have received.

If you require any further advice or assistance please contact our Helpline on 01625 545745.

Yours sincerely

xxxxxxxx

Case Reception Unit

BC will be getting a letter! :D

  • Haha 1
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Hello samcam,

 

The info on microfilm will of course be very useful for others being refused data in that form with statements that it does not form part of a relevant filing system.

 

Keep up the good work:D

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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  • 1 month later...

Not sure what use it was.

 

I just sent a letter to Barclaycard including the above info and ref no. asking for ALL my statements.

 

They have sent back the exact same letter stating "doesn't form part of a ... blah, blah" and 6 years statements with "statements before May 2004 sent as a good will gesture".

 

They are unbelievable!

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