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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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Mallett v Alliance&Leicester ***WON***


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Progress to date.

 

Standard SAR sent. After a lot of messing me about, including claims not to have recieved 2 SAR letters, they sent me the details. I went through and filtered my charges.

 

Letter below sent: 28/06

 

"Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: XXXXXXXXXXX

 

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. Considering my length of holding multiple accounts with you and my several loans, I feel this is not an unreasonable request, aside from the legality.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £1062.50 plus £246.25 which you have charged me in overdraft interest for the sum which you have taken. Total £1308.75

(I have willingly accepted the standard £5 monthly fee for authorized overdraft charge and will not be claiming for that)

I enclose a schedule of the charges which I am claiming with this letter.

 

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. Doing so will only engage my further verbal contact with contact centre staff and managers.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a court claim at the expiry of the second deadline.

 

Yours faithfully,

 

 

Tim Hamlett"

 

 

 

 

This resulted with the following reply:

 

 

 

"I have noted your comments that you believe the charges that have been raised on your account to be unfair, please be assured our charges are reasonable and are competetive with the charges made by other financial organisations.

The OFT has commented that they consider the level of late payment charges to be unfair, however they were actually referring to late payment fees for credit card payments which are quite distinct from a banks charges on current accounts.

As yet the OFT has not entered into any discussions with the banking industry regarding current accounts. However, should that position change in the future, then A&L will participate as appropriate.

Give the above, I cannot accept you have been unfairly charged as you suggest, and I hope my letter has helped explain our position. I am sorry if you are dissapointed with my response, but as the charges have been raised in line with terms and conditions of your account they must stand.

I am very sorry that you have been disspointed with our service on this occasion and trust that we will meet expectationsin the future. In accordance with regulatory requirements, I must advise you that if I do not hear from you within the next 8 weeks our file on this issue will be closed and I am enclosing our leaflet explaining how to progress this matter , either through internal procedures or, if necessary, via the FOS should you remain dissatisfied.

 

Yours sincerely

 

T Loughlin"

 

 

 

Rather concerned about this reply. Do they have any basis of truth in this statement? What is my next step? The final letter saying that I'll be taking them to court?

 

Many thanks

 

Tim

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Apologies, after some reading, it appears that this is a common letter.

 

Can someone just check the above to make sure there are no mistakes? :) Thanks!

 

Next step is the N1 letter or is there another letter before that?

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Hi Mallett, welcome to the forum.

Everything looks ok to me.

The next stage is to send them the LBA letter.

I noticed that you sent them the prelim request for repayment on the 28/6. In that letter is states that you are giving them 14 days to accept your request, DO NOT be bullied or dictated to by the bank. If they do not respond positively within 14 days you immediately send them the LBA. Remember you are setting the deadlines!!!

Get your LBA sent off asap! If, after 14 days of receipt of that letter, they still haven't given you your money back ( which they won't ) you should begin your moneyclaim.

All they are trying to do is stall for time. The 14 days you give them is enough in the eyes of the courts. STICK TO YOUR DEADLINES!!!!

GOOD LUCK

A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9:lol:

MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) :lol:

Morgan Stanley Data Protection Act sent 8/8:) Total of £875 charges.

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ha ha, i'm sure you won't be the only one.:lol:

 

have you sent your LBA off yet? Can't wait to get mine sent off.

A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9:lol:

MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) :lol:

Morgan Stanley Data Protection Act sent 8/8:) Total of £875 charges.

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  • 2 weeks later...

Question. I'm due to fill in my moneyfor claim today. apart from Bankfodders guide (nearly a template?) about filling one in, is there any other info on what happens? Do I get issued a case ref number when I complete it?

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Ok, so I'm filling in my MC statement.

 

"Claimant has account *****708 with

Defendant from 1990 conducted on their

standard terms and conditions. Claimant is

claiming the return of £1,062.50p taken by

Defendant in charges over 6 years. The

Defendant's charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law. They are also

invalid under the Unfair Contracts Terms

Act 1977 s.4 and under the Unfair Terms in

Consumer Contracts Regulations 1999.Para.8

and sch.2.1.e.

In the event that the charges are not a

penalty they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15. Defendant has declined

justification of charges despite repeated

requests. Claimant claims interest under

Sec.69 of the County Courts Act 1984 at a

rate of 8% a year from 22nd Nov 1999 to

17th August 2006 of £257.70p and also

interest at same rate up to the date of

judgment or earlier payment at a daily rate

of £0.290444p."

 

Seems ok?

 

So court costs = £120. Seems about right?

 

Total claim £1440 odd.

 

Anything missing before I hit submit and pay £120!

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that looks spot on to me. i'm due to file my moneyclaim on monday and that is exactly the same way i've done it.

A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9:lol:

MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) :lol:

Morgan Stanley Data Protection Act sent 8/8:) Total of £875 charges.

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Need advice.

 

So my MC is now issued as at today, the 18th. In the "Judgement" "Start" hyperlink section, it takes me to the Select type of Judgement "Do you wish to enter Judgment by Default or by Admission?"

 

Do I have to do anything here at the moment? 2 options available to me:

 

"The defendant has not filed an admission or defence to my claim

1:(Judgment by Default)

 

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

 

 

The defendant admits that all the money is owed

2:(Judgment by Admission)

 

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

 

 

 

Or do I just wait 14 days to see what the bank does, then if no defence or acknowledgement, submit a default judgement?

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You don't need to do anything yet. Read up the FAQ's etc and the MCOL website is very clear about what happens.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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  • 3 weeks later...

I'm still waiting for A&L to submit a defence/pay out. Meanwhile, I've opened a parachute account with First Direct, which I'm going through the process of swapping accounts which takes effect on the 21th of Sept. My concern is that the MC claim was acknowledged on the 21st of August, will swapping my account on the 21st compromise my case in any way given I A&L have 28 days to defend or I submit for judgement if they default?

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Mallett,

 

I notice in your particulars of claim thet your claiming from Nov 1999 to August 2006. Is this deliberate as its more than the 6 years statute of limitations allows.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Well, the 1st dated charge I'm claiming is 11/1999. The last dated is 03/2006.

 

Looks like I made a mistake and just used all the statements the bank sent to me, probably because I initiated the S.A.R - (Subject Access Request) in March 2006. Will this compromise my case or will the settlement, if offered, be adjusted accordingly?

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I would sit it out and let them find it then just ammend or explain on the AQ. I am basing mine on 6 years to the date I sent SAR so most of those will probably be 6 years and 2-3 moinths. Its not our fault the process adds more time on IMHO.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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The allocation questionaire is sent after they submit their defence, which they have to do within 28 days. Then you complete the AQ based on their defence.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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I'm still waiting for A&L to submit a defence/pay out. Meanwhile, I've opened a parachute account with First Direct, which I'm going through the process of swapping accounts which takes effect on the 21th of Sept. My concern is that the MC claim was acknowledged on the 21st of August, will swapping my account on the 21st compromise my case in any way given I A&L have 28 days to defend or I submit for judgement if they default?

Changing accounts makes no difference at all to your claim. Whagtever you do the bank charges were unlawful.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Another one bites the dust. How much longer are A & L going to keep up this fiasco of forcing everyone to waste the courts time and resources when they fully intend paying any way.

 

Sorry for the rant Mallett

 

CONGRATULATIONS!!!!!!!!!

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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