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    • 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
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Aman23 V Barclaycard***WON***


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Hi everyone!

I requested a SAR from barclaycard regarding 2 of my credit cards back in July 09 and it was sent to there "1 curchill Place" address. I have these dards since 2000. A few weeks later I got a letter from " Barclays Bank Plc, Customer services, Personal Banking, Leicester LE87 2BB" In that letter this is what they wrote: " Dear aman23,

Thank you for your correspondence dated xx/xx/09. unfortunately it has not been possible, on this occasion, to action your request as insufficient details have been provided.

the following additional details are required to complete your request:

* your sorting code ... "

Now in my letter to them I clearly stated the card numbers. One being 5301 23xx xxxx xxxx and the other 4929 40xx xxxx xxxx. How come they are requesting a sort code for a credit card? As far as I am concerned there is no sort code on credit cards (unless I am wrong!) Is it a new tactic from bcard to further delay things? What shall I do? shall I send another letter or shall I wait for the end of the 8 weeks and take the to court? any advice will be appreciated. Sorry if I was too long!

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Delaying tactics me things as the ard account number would flag up the account and all details.

 

The only reason I can think they would want this is to check your bank account is in credit.

 

So if it is not they can off-set any refund to that account.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hi Aman,

 

This is not something we usually see with BC.

 

Reply saying you have already given the a/c nos. which you require data for and you expect them to supply the data within the time allowed of 40 days. If they fail to reply on time, you will complain to the ICO.

 

They would have all the details for you which they need including any Barclays bank a/c's, so this may well be a delaying tactic. :)

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Thanks Pompeyfaith and Slick132 for your replies. I do not hold any account with them. I'm going to reply and wait for the end of the 40 days and take it further. As the 2 accounts are in DMP shall I continue with the monthly payment or put that in dispute?

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its not a cca request you await, so you cannot withold payment, put in dispute if they over run the 40 days

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi everyone,

Update on this matter: I have sent a second letter to barclaycard requesting the SAR with a £10 PO (didn't send it first time). I also sent a letter for the CCA with the £1 PO (~ 2 weeks to reply).

 

Now I was also reclaiming PPI on a barclayloan I took in 2002 with barclays (letter sent in july). The loan has been paid off but I am reclaim the PPI on the grounds of serious mis-selling of the product. This is the reply I got from barclays:

" ... I regret to advice you that I believe your complaint falls outside of our scope for investigation as, where a complaint relates to an alleged breach of duty outside the last six years, it is considered time barred under the statute of limitations. Therefore I am not upholding your complaint... It is not unrealistic to expect a customer to raise an issue within a reasonable length of time after the event has taken place. By delaying your complaint the integrity of any investigation has been compromised and our position prejudiced.

... as we believe we have now investigated your complaint in full, if we do not hear from you in the next eight weeks we will consider your complaint to be closed. However please let us know if you are unhappy with our response and would like us to review your case again so that we can try to resolve any outstanding issues with you directly... "

 

What's the next step for me? Should I request a SAR for this loan as I did not ask for one? I reclaimed the PPI premium on the loan plus interest and the 8% interest.

Can anyone help me work out the total amount I should reclaim (I am not to good at this!):

Loan amount= £15,000

Premium = £2868.01

Charge for credit = £678.59

Total payable = £3546.60

Monthly repayment = £59.11

Number of repayment = 60

APR was 8.9%

Any help please! Thank you

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  • 2 weeks later...

Hi everyone!

This is the latest update with my claim with Barclaycard. Well after sending them a second letter with the £10 fee for the SAR and £1 for the CCA request, I received the usual response I am sure anyone dealing with them must have received: a copy of what is described as "your latest executed agreement" and the Terms & Conditions. Nothing else am I right to think that the SAR will follow?

Today I sent them the third letter asking them to fully comply with the CCA request and they still have a couple of days before the end of the 14 + 2 days.

What could be my next step after that: do I sent them a dispute letter? Do I take the matter up to the FOS? Your wise help is needed.

They also asked me to contact RMA to get further information as the account is in a recovery programme. Isn't RMA part of Barclaycard?

Thanks!

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Hi Aman,

 

I'll leave those more knowledgeable to reply about the PPI interest.

 

See here for a letter to confirm you consider the a/c to be in dispute - http://www.consumeractiongroup.co.uk/forum/barclaycard/220592-cca-request-all-they.html#post2440121

 

I assume they've not yet provided statements or data in response to your SAR. :)

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Aman did you get the PPI Spreadsheet I did for you ?

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Oh yes PF, I did get and on the same day sent you an email to confirm that (damienqxxxx@........). Wait I just checked and yours start with leon.c.....@ .... My bad! Sorry for my ignorance BUT Many thanks once again. I have sent a letter to Bclays and I'm awaiting their answer.

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Ok great no worries keep us posted so we can advise accordingly PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hi Slick132,

So what do you suggest? should I wait for their reply to the Sar? Or wait for the deadline of the CCA?

Treat the SAR and the CCA request entirely separately.

 

When the CCA reply deadline is up, send the A/c In Dispute letter which I linked above.

 

If they fail to supply data in response to the SAR, send the SAR non-compliance letter from the Bank Library Templates forum.

 

:)

We could do with some help from you

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

 

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  • 2 weeks later...

Hi everyone!

This is the latest update from my thread: for my SAR I received copies of my statements this Saturday. It's just a print out of copy of statement with no APR printed out to help me calculate the amount I need to reclaim. I would appreciate if someone could tell me what was Barclaycard Cash Annual Rate for the following date: October 2004/ August 2004/ May 2005 and May 2006. Now the credit card account was opened in 1999 but they only sent copy of statements since September 2003 to August 2009. How do I request those back to 1999? I also requested my CCA for the account and I received the general unreadable T & C I am sure everyone has received from Barclaycard. I sent another letter to remind them that at the end of the 12 + 2 days I will put the account in dispute. Now Bcard is saying that they do not class the account as in dispute because I have been supplied with the relevant documentation under Section 78 of the CC Act 1974. Questions:

1/ As Bcard failed to supply a true copy of the executed agreement, do I continue to make payments?

2/ As my second letter was a reminder, should I send them Account in Dispute letter, knowing that they are saying the contrary? Thanks.

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Hi everyone! I thought I'll start a new thread with the latest update. I sent of a SAR couple weeks ago. In their first reply Bcard said that the account was out of scope. Then I sent my second letter with the £10 as I did not do it first time. Subject Access Request received in form of copies of my statements this Saturday. It's just a print out of copy of statement with no APR printed out to help me calculate the amount I need to reclaim. I would appreciate if someone could tell me how to work out the correct APR from the following purchase rates:

1.461%

1.599%

1.667%

2.075%

(Hi PF, I will appreciate your help on this!)

Now the credit card account was opened in 1999 but they only sent copy of statements since September 2003 to August 2009. How do I request those back to 1999? I also requested my CCA for the account and I received the general unreadable T & C I am sure everyone has received from Barclaycard. I sent another letter to remind them that at the end of the 12 + 2 days I will put the account in dispute. Now Bcard is saying that they do not class the account as in dispute because I have been supplied with the relevant documentation under Section 78 of the CC Act 1974. Questions:

1/ As Bcard failed to supply a true copy of the executed agreement, do I continue to make payments?

2/ As my second letter was a reminder, should I send them Account in Dispute letter, knowing that they are saying the contrary? Thanks.

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Hi everyone!

This is the latest update from my thread: for my SAR I received copies of my statements this Saturday. It's just a print out of copy of statement with no APR printed out to help me calculate the amount I need to reclaim.(I have just had the same response so told them I was claiming all the PPI on 2 barclayloan protect policies and as they had failed to supply the information on the PPI details I would let them work it out or off to theFOS and let them push for the information) I would appreciate if someone could tell me what was Barclaycard Cash Annual Rate for the following date: October 2004/ August 2004/ May 2005 and May 2006. Now the credit card account was opened in 1999 but they only sent copy of statements since September 2003 to August 2009. How do I request those back to 1999? (Insist on the full data or properly certified documents as to its destruction such as who authorised the destruction, who carried out the destruction, when was the destruction carried out and where is the documentation. After all this is personal data they are dealing with :eek: I also requested my CCA for the account and I received the general unreadable T & C I am sure everyone has received from Barclaycard. I sent another letter to remind them that at the end of the 12 + 2 days I will put the account in dispute. Now Bcard is saying that they do not class the account as in dispute because I have been supplied with the relevant documentation under Section 78 of the CC Act 1974. Questions:

1/ As Bcard failed to supply a true copy of the executed agreement, do I continue to make payments? (At the moment yes or they could issue a default notice on you) (If however they can be shown to have mis-sold PPI then the agreement may be unenforceable due to a recent court case)

2/ As my second letter was a reminder, should I send them Account in Dispute letter, knowing that they are saying the contrary? Thanks.

IMO I would wait, others may have a different answer but you must be sure before putting your account into dispute as they may issue a default notice and then sell on any debt to a debt collection agency to get the issue out of their hands. Then things can become difficult.

 

 

Yes this is BC being obstructive. They will have archives showing what the APR rate was for all of their loans and cards way back. They just want to obstruct you in your claim. You should now write to the Information Commissioners Office and complain that Barclaycard are being obstructive in supplying information requested under the data protection act 1998...here is a link to the act...

Results within Legislation - Statute Law Database

 

IMO chase BC for the information. Use the regulatory authorities to your advantage ie they fail to supply the Data then tell the Information Commissioners Office. The fail to uphold your claim go to the Financial Ombudsman Service (currently upholding 90% plus on PPI claims) and also let the Financial Services Authority know what is happening. All the links are in here...

 

Mis-sold PPI? Want your money back? use these links to help

 

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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Hi aman23. As you will see , i am in exactly the same situation as you with Barclaycard.No cca or terms and conditions or interest rates etc.

I have not sent them a second letter as yet but after reading other threads i'm not sure if its even worth it.

IF YOU FEEL I HAVE HELPED YOU AT ALL PLEASE FEEL FREE TO TIP MY SCALES.

 

NATWEST PPI SUCCESS £490 25/08/09

 

NATWEST PPI 2nd CLAIM WON £1135 02/10/09

 

A & L PPI £395 WON

 

CREATION CLAIM PARTIAL REFUND £1825 01/04/10 NOW OFF TO FOS FOR THE REST

 

BARCLAYCARD STILL PENDING

 

LITTLEWOODS DCA . DEBT WIPED OUT AND CREDIT FILE UPDATED 23/09/09

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Hi Alanalana,

 

Thank you for your reply. Is it possible to merge my two threads and keep the title Aman23 V barclaycard? Also is there any template for letters to send to the FSA and the ICO?

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This is a difficult one for me to answer. I think i shall go straight for the claim on PPI and use the fact they have not provided a CCA as my bargaining tool.

IF YOU FEEL I HAVE HELPED YOU AT ALL PLEASE FEEL FREE TO TIP MY SCALES.

 

NATWEST PPI SUCCESS £490 25/08/09

 

NATWEST PPI 2nd CLAIM WON £1135 02/10/09

 

A & L PPI £395 WON

 

CREATION CLAIM PARTIAL REFUND £1825 01/04/10 NOW OFF TO FOS FOR THE REST

 

BARCLAYCARD STILL PENDING

 

LITTLEWOODS DCA . DEBT WIPED OUT AND CREDIT FILE UPDATED 23/09/09

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I think I might do the same. I have received the copies of statement of all my SAR. Now my only problem is how do I work out the APR as it is not on the statements. Any help with that? How do I convert monthly interest such as 1.461% to annual APR rate?

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If Pompeyfaith has taught me right I believe that makes an APR of 18.99%. don't forget to put the other 8% after each calculation.

IF YOU FEEL I HAVE HELPED YOU AT ALL PLEASE FEEL FREE TO TIP MY SCALES.

 

NATWEST PPI SUCCESS £490 25/08/09

 

NATWEST PPI 2nd CLAIM WON £1135 02/10/09

 

A & L PPI £395 WON

 

CREATION CLAIM PARTIAL REFUND £1825 01/04/10 NOW OFF TO FOS FOR THE REST

 

BARCLAYCARD STILL PENDING

 

LITTLEWOODS DCA . DEBT WIPED OUT AND CREDIT FILE UPDATED 23/09/09

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