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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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      • 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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**Welcome/PPI/Voluntary termination**


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Hi all :D

 

 

I am posting up my statements as im not sure what some of the charges mean (hoping someone can decode?)

 

 

statementpg1.jpg

 

 

statementpg2.jpg

 

What are capitalisation and ad hoc fees?

Why does the amount vary?

 

What is a reversal?

 

Tfr balance (from what?)

 

Why apply capitalisation and ad hoc fees then apply nothing for 20 months???

 

I have always paid by DD and never missed a payment.

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Hey all, thanks for the replies.....

 

 

Post i got this from an independant garage!

 

Dawn i have read that too...

 

I havent had much contact with wfs at all....although the person who informed me that wfs werent giving new loans also told me i had defaulted one payment, early at the start of the loan....news to me?

 

So i requested bank statements from 07 and one payment was made late by about 5 days or so. However they have taken this payment, is that still classed as a default??

They have never recorded a default on CRA, nor have i ever recieved a default letter.

 

Other than this i have never seen a statement from wfs, now i know why they just add on charges and interest when they feel like it!!!!

 

Im so glad i have found this out now, shame it was not sooner...:-x

 

I want this account in dispute...

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Hey all,

 

Well due to me not being well wfs have had a little extra time to get their finger out and get together my true agreement.....

 

Account in dispute letter gone today....

 

To withhold payments or to not withhold payments.......that is the question????

 

Im going to draft a letter as id like to know what the hdpi fee on my account is???

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  • 2 weeks later...

Well 8 weeks is up and no final response about my ppi complaint.

 

Fos forms being filled in....

 

sar is incomplete...not one mention of insurance!!!

 

Can i still continue to write to wfs even after i have sent the fos forms off:confused:

 

I want an explanation about the charges on my account.

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Well 8 weeks is up and no final response about my ppi complaint.

 

Fos forms being filled in....

 

sar is incomplete...not one mention of insurance!!!

 

Can i still continue to write to wfs even after i have sent the fos forms off:confused:

 

I want an explanation about the charges on my account.

 

FOS is the way to go for a complaint on mis-selling PPI but do not forget to complain to the Information Commissioners Office about their failure to supply all the information requested in your SAR withing the terms of the Data Protection Act 1998...link here

 

Results within Legislation - Statute Law Database

 

and info on the ICO is here....

 

For the Information Commissioners office. (this is an option if the DSAR is not complied with)

http://www.ico.gov.uk/upload/documen...ess_rights.pdf

 

Information Commissioner's Office - Information Commissioners Office

 

http://www.ico.gov.uk/upload/documen...lain_final.pdf

 

Complaints - Information Commissioners Office

 

 

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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Thanks for ur reply AA....:-)

 

 

 

This is the next letter, im sending....

 

FORMAL COMPLAINT - HARASSMENT BY TELEPHONE

 

Account Number:

 

Dear Sirs,

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have noted these calls are also being made via mobile numbers from your staff.

 

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of The Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Please treat this also as a formal complaint under the procedures set out by the Financial Ombudsman (FOS).

As such, you are required to send me a copy of your company complaints procedure.

Furthermore, please note that the FOS considers it 'unfair' for you to continue with phone calls when requested not to do so.

Be advised that any further telephone calls from your company will be recorded.

 

 

FAO: Data Controller - Section 10 notice under the Data Protection Act 1998

 

I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records.

The processing and use of these numbers is causing significant distress.

 

Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual obligations.

This request supersedes any contractual provision that you may claim exists, and any attempt to claim otherwise will not be accepted or tolerated.

Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.

You will be deemed to have been served notice of my request and I will deem it served by [insert date], I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.

 

Yours faithfully

 

Is this ok any comments/changes????

 

Regards

 

Charger

Edited by charger1
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Thanks for ur reply AA....:-)

 

 

 

This is the next letter, im sending....

 

FORMAL COMPLAINT - HARASSMENT BY TELEPHONE

 

Account Number:

 

Dear Sirs,

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have noted these calls are also being made via mobile numbers from your staff.

 

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of The Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Please treat this also as a formal complaint under the procedures set out by the Financial Ombudsman (FOS).

As such, you are required to send me a copy of your company complaints procedure.

Furthermore, please note that the FOS considers it 'unfair' for you to continue with phone calls when requested not to do so.

Be advised that any further telephone calls from your company will be recorded.

 

 

FAO: Data Controller - Section 10 notice under the Data Protection Act 1998

 

I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records.

The processing and use of these numbers is causing significant distress.

 

Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual obligations.

This request supersedes any contractual provision that you may claim exists, and any attempt to claim otherwise will not be accepted or tolerated.

Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.

You will be deemed to have been served notice of my request and I will deem it served by [insert date], I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.

 

Yours faithfully

 

Is this ok any comments/changes????

 

Regards

 

Charger

 

You should actually IMO give them a quote from the act as below.

 

Prohibition of harassment

 

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a) that it was pursued for the purpose of preventing or detecting crime,

(b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

© that in the particular circumstances the pursuit of the course of conduct was reasonable.

2 Offence of harassment

 

(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

(3) In section 24(2) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (arrestable offences), after paragraph (m) there is inserted—

“(n) an offence under section 2 of the Protection from Harassment Act 1997 (harassment).”.

 

here is a link to the full act.

 

http://www.opsi.gov.uk/acts/acts1997/ukpga_19970040_en_1#pb1-l1g2

 

 

hope this helps

 

 

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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Hey All.....

 

Just a little update wfs are now ignoring me.....

 

account in dispute letter was sent and then a harassment letter followed....their response is to send back....

 

one letter stating thank you for letter received regarding your complaint....its appears we haven't received back our questionnaire:confused:

(NO thats because you have never sent one in the first place!!!!)

 

 

Next response says RE: S.A.R....we have sent the info on (date)

I can also confirm we have sent all info that we hold on account *****

(NO you havent.....where is the info on my insurance policy.....t&c's......underwriting sheets...etc etc)

 

MORONS:-x

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Hey all,

 

 

After talking to head office who say they were not calling to collect payment....but asked me about it anyway:confused:

 

I asked a few questions of my own,

 

HPDI,

 

This is charged because i have moved the date of my payment i was told this decision was made by the board :-x

Has something to do with payment having to be made 45 days after the date of agreement??

Although i changed the date in 2008 they have not applied any hpdi until a year later 2009:confused:

 

 

Reversal fee on statement.....this is the option fee being taken off guys!!!!

 

So i have been charged £100 ad hoc fee (option fee) then they have reversed this 4 months later....this still would have accrued interest in that time tho wouldn't it?? :confused: Head office says not......

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  • 2 weeks later...

LBA sent as I have incomplete S.A.R.....no response to date!

 

Final response from wfs sent along with a copy of my agreement printed from computer thats half cut off and NO t&c's or statements....... mentions nothing of my original complaint.......

 

Thanks to AA for the help with the harassment letter...no calls received as yet....(its not the end of the month yet tho);-)

 

Thanks to Ozzy who helped with checking my figures are correct!!!

 

Glad to see Post back..........

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  • 2 months later...

Since wfs sent their final response to my letters which mentioned nothing of my PPI complaint, all payments have stopped and I have sent this off for the FOS to look at.

 

For a while I haven't heard anything from wfs then received default sums letter, then recently received yet more phone calls........

 

Next thing you know, default notice from wfs, as well as letter from the FOS saying this will be passed to adjudicator and we will be in touch.

 

The FOS have also included a PPI consumer questionnaire....anyone else had one of these????

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Since wfs sent their final response to my letters which mentioned nothing of my PPI complaint, all payments have stopped and I have sent this off for the FOS to look at.

 

For a while I haven't heard anything from wfs then received default sums letter, then recently received yet more phone calls........

 

Next thing you know, default notice from wfs, as well as letter from the FOS saying this will be passed to adjudicator and we will be in touch.

 

The FOS have also included a PPI consumer questionnaire....anyone else had one of these????

 

YES I believe it is the FOS using questionnaires to keep a tab on their method/s of dealing with complaints my wife received one for one of her complaints. It is most likely a way of providing bench marks to ensure they are up to speed on the massive increase in complaints. They were caught out once with a lack of staff for the mountain of complaints and will most likely not want to be put in the same position again. The way PPI is though there are millions of folks who will still have valid claims. :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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