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

*** WON - BC charges repaid with Compound Interest ***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4907 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

Blast! Double post!

 

Might as well mkae use of this.

 

Just tried it with the Bank Account SS and I can't get that to work either. No matter what figures I put into either SS none of the balances tally with what I've got on my statements.

 

There HAS to be a better way!

Edited by Fenris
Link to post
Share on other sites

  • Replies 104
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Fenris,

 

There are 2 other options:-

 

1. Use this spready which was also included in the Int't Tutorial - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

2. Use this calc'r to calc the int't on each individual charge - Compound interest calculator To make it work, use the guide at the foot of the calc'r.

 

Rate of Int't - enter the rate shown on your BC state't for cash advances.

 

No. of Rests each year - 12.

 

The first option is probably best because it will update the interest on each charge automatically when you change the current date.

 

Hope this works for you. :)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • 3 weeks later...

Well, I'm just full of letters today! Got one in response to my letter asking for just over £4,500. to be repaid. It says, "We are very sorry to learn of your CLIENT'S dissatisfaction..." My client's dissatisfaction? My CLIENT'S? Bog standard letter to solicitors I feel. So, they reckon they'll sort it by 14th July. Well, they won't; I'll just get the "shove off" letter. I'm not waiting any longer, so I'll be starting a Court Claim. Will update as and when!

Link to post
Share on other sites

  • 3 weeks later...

Had to wait longer than expected to get a letter from the Job Centre so I don't have to pay for my claim. In the meantime I got a letter from BC to say they'd refund the CARD (that's not enforcable!) £350, plus £111 in restitution! They sent me a statement of charges too; very few actual charges I inccured were on it and the ones that were were all marked at £0.00. What?! I'm doing the Court form now and will be claiming for the £4,500 plus the 8%. We'll see.

 

Blast! Sorry, one question: what should I put in the "Brief details of claim" section on the N1? I've found the full POC in the Library section, but, obviously, that doesn't go on the front page!

Edited by Fenris
Link to post
Share on other sites

In the "brief details" section, adapt and use the wording from the N1 guide for bank charge reclaims:-

 

Money claim for return of credit card penalty charges and associated interest charges applied to the Claimants credit card account by the Defendant on the basis of a mistake because they are either a penalty or because they are invalid under the Unfair Terms in Consumer Contracts Regulations 1999.

 

:)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

By posting as above, Tosh1 has subscribed to your thread and will be sent notice each time something new is posted here.

 

Subbing = subscribing.

 

:)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • 2 weeks later...

Anyone can sub, now I know what it means! Lol!

 

OK, had a letter back today from the Court; Barclaycard are defending the case. :( I knew it wouldn't be easy for me.

 

Anyone who's done this know what my chances of winning are? I'm gessing 0%.

Link to post
Share on other sites

Oh Fenris don't think negatively! Be positive flower, they may say they are going to defend at this moment just to see if you will back off but most of the threads that I have read who have pursued suggest most banks pull out at the end and that's what's gonna keep me going :D

Link to post
Share on other sites

Hi Fenris,

 

Your chances of winning are very good if you prepare adequately.

 

First off, you should read up on dealing with the AQ and including your Draft Directions with it.

 

Experience to date suggests that you should then concentrate on getting your Court Bundle ready in good time. Put the stuff together in a file on your 'puter, ready to be printed when needed.

 

BC may defend at this stage but they tend NOT to file a proper and full defence in response to the evidence which you submit. By not defending properly, they cannot argue the case in court.

 

They will negotiate a settlement either before the court date, or at court before the hearing takes place.

 

:)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Thanks to everyone for the support and particullaly to Slick for the advice. I was having a bad day when that letter came through, hence the negativity (I suffer from depression and some days are worse than others!). I'll have a read through other people's threads to see what sort of bundle I need to prepare and I'll update accordingly.

Link to post
Share on other sites

Another quick update. Got a letter from BC today. Now, dispite my catagorically telling them NOT to credit my card, it seems they've put £221.00 plus £129.11 contractual interest back onto the card (which, having just checked is less that the £350 + £111 they said they were going to refund, so they're all over the place with their figures anyway)! I sent them the template letter for refusing this, but it seems to have made no difference and they've done it anyway. They're now offering me... wait for it! a further £42.80 contractualral interest "in full and final settlement" of my claim! Wow! This they're also putting back on the card! I mean really, they've got the Court files now and they honestly think I'm going to drop it for a measily forty quid which I won't even see? Not likely!

 

So, do I now send them another refusal letter? They've said this is now their final response.

Link to post
Share on other sites

Hi fenris

 

I think it's common practice for them to credit accounts even if it's not been excepted as full and final settlement - don't get too upset by it. Just keep on plugging away as long as it doesn't cost you anything. Barclaycard believe they have a unilateral right to everything. The way they figure it is, if the accounts in debt it will reduce the debt, if the account is in credit you'll spend the money and they might get some interest off you.

Link to post
Share on other sites

Well, that's part of the problem rebel. You see, they say I owe them just short of three grand. Now, by my calculations they owe me five grand! So, even if they keep adding these pittance monies back on the card, they've still got to give me two grand back. Add to that that the three grand they say I owe is on a card that's unenforcable... Well, you can see where I'm going with this!

 

I sat down one day and wrote out all the things I'd bought on the card and added up how much they'd cost without all the interest; so as if I'd bought them on my debit card. Then I worked out how much interest I'd paid during the time I had the card. Worked out that I'd spent twice as much on interest as I had done on actually buying the items! So, for every £10 item I bought, it had actually cost me £20. This is after all the Over Limit and Late Payment fees, mind you. So they've had plenty of money out of me!

 

If I have to fight them to the door of the Court room I will; they're not getting rid of me that easily!

Link to post
Share on other sites

Hi Fenris,

 

Re post #69 above, stick to the salient points here. This is a credit card which is obviously an expensive way to make purchases if you don't clear the balance each month. But that doesn't mean they owe you the interest you paid on purchases over the years.

 

How much in charges and in interest are you claiming from them please.

 

And how much have they now refunded, or agreed to refund.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

I was just making a point! I was running the card really well until I lost my job at which point BC didn't give a monkey's and started adding charges hand over fist. I know they're expensive, but I was only young when I took it out and didn't know how bad things would get. That's no excuse for ANY credit card company to behave the way they do! I'm not saying they owe me the intest at all, I'm saying they've had twice what I borrowed and don't see why they should have even more in charges! As I said, I was just making a point and don't really see why you responded like you did. I've always appreciated your help and have said so many times so I don't know whay you felt the need to be sharp with me?

 

For the record, including compund interest they owe me just under five grand as of three weeks ago when I filled out the Court papers. As of today they've refunded the card about £400.00, give or take a few Pounds.

Link to post
Share on other sites

Hi Fenris and I'm sorry if you felt my post was sharp. My intention was NOT to be critical, but to suggest you stay focused on what you can do to get back as much from them as you can.

 

I take your point, that you have paid a lot over the years and BC certainly have a bad reputation for sticking the boot in when customers fall on hard times. I was posting quickly and just wanted to say, "Don't get angry, get even". Apologies if you took offence as none was intended. 8-)

 

Once BC enter their defence, you'll be asked to complete the AQ. Have you sourced this and are you acquainted with the Draft Directions you can offer to the court.

 

Have you started to put your Court Bundle together. At this stage, just gather the necessary doc'ts and store in a file on your 'puter, ready to print off when required.

 

:)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • 3 months later...

Hi Slick,

 

Sorry, hadn't realised there'd been a reply since I last posted in this thread! Anyway, sorry for my previous wordings. I think I was just finding this all a bit too much!

 

Anyway, had a letter from the Court a couple of weeks ago and they've given me a Court date of 10th December, so I now need to get this bundle sorted. I've been searching the forums but I'm not 100% sure what I'm supposed to put in the bundle as I've never done anything like this before. I found this forum post: http://www.consumeractiongroup.co.uk/forum/showthread.php?94442 (entry #7); is this what I need to do? It looks really complicated and I don't understand any of the acronyms. And since the website's update I can't find anything! (What happened to, "If it ain't broke don't fix it"?)

 

So I need to get the paperwork in 14 days before the Court date so I've got a couple of weeks yet, but I really don't know where to start. Is there somewhere on the site that had a blow-by-blow account of how to put this bundle together and what should go in? A "Court Bundle for Idiots" guide, if you will?

 

Also, whilst I was searching, I came across several people who were going to charge BC for thier time in preparing the bundle. Is this really worth doing?

 

Cheers,

Fen.

Link to post
Share on other sites

Hi Fen,,

 

The court bundle link needs activating so it's visible again.

 

I'll see if this can be done - you should find it in the Consumer Bank Templates bit in the Library.

 

The site update was needed as the old system was no longer being provided with updates and support.

 

I'll not be around until after the w/end but, if you haven't got access to the court bundle by Monday, post here to say so please.

 

8-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...