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    • This is a long time issue and a little complicated so I'll attempt to condense.   Barclays account: held with them over 25yrs, opend in the 90's £6800 overdraft   15 years ago the account became a problem due to account holder due illness/company closing/long term disabilities.   No activity on the account other than what is stated below, card not used, balance always kept just under the o/d level so as not to incur further costs.   In those 15 yrs (2006)the account has been maintained each month by Barclays applying the o/d interest and the account holder paying that amount.  In the early years about £120 pm, then it went to £3per interest so worked out and around £90pm and late last year with the interest hike by the banks on O/d's it took the amount close to £180pcm    In  / around 2012 the account holder approached the bank with a view to receving some help, they were at that time somewhat ill, and registered as disabled. They asked that they convert the amount to a loan with them so that over time the balance would reduce. The Bank refused but instead put them through to another in-house lender, (woolwich) on internal line, they took the details but then didn't offer the loan.   Account holders health deteriorated but they insisted with their family members to continue to pay the overdraft, they were petrified of what may happen if they didn't.   In 2014 a SAR's was asked of Barclays which they sent but it didn't give much away, but importantly neither did it mention the customer going into the branch for the help.   In 2019 the customer via a third party who also obtained a third party mandate  approached the bank with a lengthy correspondence asking for help, they gave as much info as they could.   A month later then bank stated they believed they had not acted incorrectly as the account had been held to the good by the miniumum payments on the account being met, in short unless the account tripped they would not know there was a problem.   It was pointed out to the bank that under the terms of the original agreement and backed up by a letter from the bank way back as early as 2003 that the overdraft had been increased and that the account would be reviewed annually and that the account for the overdraft to remain in place would need to be kept in good order.    It's clear no annual review from at least 2006 had taken place as 'good order' was that the account was to be seen to be going in and out of credit whch of course was not the case, it hasn't been in the black since 2005/6   The bank refused to budge , also denied that the customer had been into the branch in 2012 and in any case as it was 2019 they didn't have to go that far back with a complaint if it had not been raised before.   Thats stage 1   A complaint was raised with the Ombudsman in late 2019, they accepted the complaint and lodged with Barclays that an account had been logged and that they (Ombudsman) were thus engaged on the account.   In the meantime the customer continued to maintain the account with Barclays as per the previous 13 years at the same time as providing info to the Ombudsman when it was requested.   Barclays wrote asking the customer to call them, but they had been put on notice in the original complaint that the Customer wanted all communication in writing, three times barclays asked for them to call despite them knowing the customer was 'vulnerable'  and still they continued the account knowing that the customer was only paying them out of the disability payments etc...   Barclays were sent 3 letters via signed delivery asking that all communication be put in writing, the customer wanted to establish a papertrail so no room for error or misinterpretation similar to Barclays 2012 denial that the customer had been into the branch, all 3 letters were signed for all 3 letters went unanswered.   Late 2019/early 2020 Barclays were out of desperation contacted on the phone but as the account had not been placed in collections' then nobody from the department could speak to the customer ????   In or around March 2020 the Ombudsman wrote to the customer stating they were a week away from a resolution and that they were just awaiting for it to be signed off by a senior investigator.   3 weeks later Covid hit but no resolution had been sent, a month or so later an email was sent to the Ombudsman requesting clarification and a month later they wrote back saying 'it's a week away (again) and they'll be in touch and then the case went cold, nothing heard and no return of phone calls to them.   After months of delays and after not hearing from the Ombudsman a letter was sent to one of their senior Ombudsman who replied that they'd take a look and be back in touch in a week and which they were and where they stated that the case: A: Should not have been taken on by the original investigator as it was above their remit, it should also have been picked up by another investigator when it was looked at during the initial process but again it wasn't. B: As the case had been incorrectly assigned it was then unassigned and placed on hold and for the following reason: C :  The case was of a sort that the banks and the Ombudsman have been discussing, no reasons for the discussion was given but as the case fell into this criteria it was on hold pending the discussions being concluded by the banks/ombudsman.   In short just over 12 months of the case first being allocated/engaged it had been unallocated/disengaged and placed on hold.   A second complaint was therefore lodged with the Ombudsman which was duly investigated and a nominal amount was offered for what they stated was poor service.  This amount was refused and the complaint was then sent to the Assessor (next step) but they wrote back stating that until the case had been finalised by the Ombudsman the assessor would not be able to investigate the complaint.   Updated were occasionally given by the Ombudsman on the state of the original complaint against Barclays but even that dropped into the abyss early 2021.    After a recent request to the Ombudsman to ask if the 2019 onwards discussions with the banks had been concluded an email was sent back saying that the case was just about to be reallocated (no answer as to if their discussions had concluded.   A week later an new case investigator was placed onto the case, they had written to Barclays and were awaiting their response.   1 week later they investigator came back with:   Barclays are offering to write the account off and to close the account.   And that is where they're stuck,  15yrs of overdrafts fees being paid, (almost 2.7 times the orignal amount of the o/d) with Barclays refusing to budge, then out of the blue came the offer.   The offer is on the table for a few weeks, but is it an offer to take?   When intial contact was made the bank with the complaint in 2019 they did nothing on the o/d account but very quickly (1 week) shut down one of the Barclayscard credit cards the customer had with them and placed the other at £250 limit (the limits before that were collectively 25k but had not been used for some years)     I have read somewhere that this 'credit card' balance reduction affected the credit worthability of a credit card holder, it's an indirect hit on them and this seems borne out as although the customer has a good credit record (not really facilitating it) they have been refused credit from a source they have always used and who they have never had any problem with before and this is only after the Barclaycard issue.     Sorry for the elognated post but for me, the offer whilst it may seem ok, well if it's their offer now and whilst they may withdraw the offer I think it has more legs? The customer should never have bee allowed to get where they've been for the last 15 years......Barclays have had considerably more than the original o/d and they want to stick to terms and conditions but then seem to flout them themselves by not conducting regular reviews or even as recent as knowing a customer is struggling and they still continue onwards unabated.     Deb                                                          
    • cash cowed blind. just run the sb date to infinity for 15yrs.     who are moorcrofts client please   and i bet you have a bank account and or a card with hsbc too...
    • It was for an HSBC personal bank loan of 20k Was passed onto metropolitan collection services which agreed the £1 payment plan and have paid them every month since and they have left me alone. The new DCA is moorcroft and balance is still roughly them same.  I have always paid the agreed £1 as if I got a ccj I would lose my job.
    • What type of Bank loan ?   When you defaulted with the Bank, how much did you owe approx ?   Who did you agree the £1 token payment arrangement with ?  Is this the last DCA you were dealing with, before the debt was transfered to a new DCA ?    Which DCA's have been involved ?    There are many DCA's who have the same parent company owners and also there have been many DCA's bought out by new owners who have taken on the debts.   What is the current debt balance approx ?   Was there ever a period, when you did not make any payments towards the debt ?
    • Yes the £1 per month payment was agreed at the time and happy to continue this as a ccj would stop me from working in my current employment so have always kept to this.
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I went to the Arnold Clark Vauxhall showroom in Stretford on 13/01/10 and eventually ended up buying a 59 plate Corsa SXI 1.4 with the sales rep for an agreed price which was authorised by his boss, signed all the paperwork and paid a deposit. The rep telephoned the next day to say that the finance had been approved and that I should get the vehicle insured so that they could obtain the road tax for me. This I did and cancelled my existing policy, only to get a call from the rep on the day of collection of the new vehicle to say that they had cocked up the price and his manager would now not allow him to sell the vehicle to me at the pre agreed price. I was told they could offer me a vehicle with a lower spec in various colours that I did not want, put some petrol in the tank and throw in some mats. Thanks but no thanks, I will seek legal advise, this I did and was advised that Arnold Clark are in breach of the "Sale of Goods Act", by Consumer Direct. After informing the Manager of the site of this, his attitude of "so take us to court then" made the matter worse, his idea of sorting the matter out was to offer me exactly the same vehicle at an extra cost of £420. What about the signed paperwork by myself and the sales rep, where it clearly states that by me signing means I am entering into a legally binding contract? The manager informs me that it only applies to me and not Arnold Clark. Legal action pending.

Again spoke to Consumer Direct who have informed me that it doesn’t matter what it says on their paperwork as a deposit was paid on the said vehicle, this therefore acts as a legally binding contract. If they still refuse to sell the car at the agreed price I should pursue them for “loss of bargain”. Again the manager, who ironically tells me that Consumer Direct don’t know what they are talking about and that they are going to cost me a lot of legal fees for a court case that I would not win.

Having spoken to several people via the internet, this seems to be something that has happened on more than one occasion, so beware if you buy a car from here, it would appear this is some sort of [problem], they talk you into buying the car at a good price, you look forward to picking up your new car and then when you get there, the price has gone up!

I wonder how many people have just paid the extra cost to drive away in their new car?

The way they [problem] you and avoid any dealings with Trading Standards is by saying that no finance documents have been signed so therefore no contract is in place, so be aware you just might not get the car you thought you were getting at the agreed price.

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Hello Mr. Mancini. By all means get your local TS involved to prosecute Al Capone. It may help us all if you mention to them that their counterpart, Mr. Hutchison,head of Perth TS had a similar complaint late last year, also involving Sir Arnold Clark.

In order to take your complaint up a gear I suggest that you e-mail your complaint to [email protected], mark it for attention of Mr. Steven Hill.

Best of luck.

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Is the Arnold Clark sucks website back up again?

 

Tis interesting to note that that they won the Retailer of the year award with AM online or whoever.

 

One thing springs to mind in all of this and that is, is there any alleged evidence of anyone on the board of AC and that of BAE Systems being linked given the alleged practices of an alleged company in the middle east???

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Thanks for the info, seem to have hit a stumbling block though, it would appear my only option now is to purchase an exact vehicle from another dealer and pursue Arnold Shark for "loss of bargain" They'll probably talk their way out of that as well.

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Very surprised that they only had 1 car to suit your spec in all their VX stock-nation wide.!!!!!! Please don't give up, at least let TS do what they can and send a report to OFT. Only by everyone doing this, will any action ever take place by the authorities. If you really feel hacked off, write your MP. This way the OFT have to give an answer as to what is being done.

Your case certainly highlights a typical [problem].

Also, once money has changed hands (deposit) a legally binding contract exists.

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  • 2 weeks later...

i phoned AC in leyland last weekend about a 2008 car i was keen on buying. Suffice to say i had little complaint about the price and got an ok part ex price. i was told the car also carries 2 yrs remainder of the manufacturers warranty.I also paid £100 deposit by phone on a debit card to secure which i was happy with

Having travelled 270 miles to get there at the first day free on the 6/2/10 and given them 1 weeks notice of my long planned journey i was more than shocked on arrival.

 

I met a gang of salesmen and was told my reserved car was at the end of the car park, labled for a customer called matt and a different engine size etc.

Then i met the same salesperson i had spoken to previously by phone who introduced me to the same car which had been incorrected labeled.

The car would not start for the saleman, he got a second sales person to get a power charger for the battery which didnt concern me we have of course been through a bitter cold spell, however to no avail, then they said it obviously had no petrol and mentioned that customers dont leave much petrol in the cars, so a third salesperson walked to morrisons and this failed. he then went back to complete 6 litres of petrol. After much pushing and rocking by three sales people when i was offered a second coffee back in receoption, finally it was going and i was advised firstly that the mechanics had gone and also this will just be the result of no petrol. I drove the car for a mile or so, drove with the salesperson, back to AC, and restarted to make sure all was fine. I completed the deal and drove home to devon non stop.

 

I got home, at 6pm having been driving from 7am to achieve this had an hours rest and then invited my wife to come out for a drive in my new car. To my shock the ignition key turns over, the battery appearing healthy but no connection and non starting!

I called by rescue company for home start recovery and the obvious possible reasons all checked like plugs etc, he pointed out that the immobiliser sybol was showing on the dash which is a problem immediately, also while trying to start the engine again the dash electrics and back lights went out so no more investigation.

I have now very concerned about AC reaction to this, despite obviously being sold a car unfit for purpose, the biggest joke to me is they have stamped the service book as having recently completed the 2 yr service. Any comments please advise asap!! mike in devon

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I think firstly you must contact Al Capone and give them oppertunity to repair your car(SOGA). Since there is a great distance involved try and get them to agree inspection at local main dealers instead of a trip up north.

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Agreed - get a recorded letter in the post so that your problem is recorded as early as possible. If you are to give them the oportunity to repair, make it in bold that an attempted repair does not take away your right to later reject the car.

 

Do this first thing tomorrow, even if you are going to phone them.

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A couple of years ago I noticed a number of posters around the city centre (Liverpool) warning people against buying cars from AC. I remember thinking that to take such action the person involved must have been extremely angry. I for one after seeing these posters would avoid this company, more so after reading this thread.

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thanks for your advice guys, first i have spoken to a manger there, who apologised and stated he will look into the best solution and call me back, meantime i spoke to hyundai plymouth and i explained that in the 18 mths history in the service book there is only one stamp being january 25th this year. hyundai person stated this invalidates the 5 yr warranty.

i spoke to the manager again and he said this is not necessarily the case, however he is still looking into it and calling me back. Next the salesman i dealt with phoned me and i recalled the whole saga, i even said i had read very disturbing customer comments on line since. First he said irrespective of elsewhere in the country, they do not leave customers high and dry and assured me that due to the distance i must deal with hyundai close to me and the cost of transport will be covered by them, also even if hyundai dont cover it under warranty they will pay for any work to put the problem right, i also reminded him his manager also agreed that AC will cover the car for the next two years of the warranty if this is not honoured by hyndai. i now will have to interupt getting to work tomorrow 30 miles away by dealing with this issue and i only hope that hyundai locally can deal with it quickly. As per advice i am going to write to them tomorrow recorded delivey to advise them of what i have complained about and their promises to so far thanks mike

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anyone got any comment on this text, copied from trading standards web site

(for England, Wales and Northern Ireland)

 

Enter your postcode in the field at the bottom of this page to see if your local authority trading standards department has the full leaflet version available on its website.

 

When you buy goods from a trader, you enter into a legally binding contract governed by the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002. If you buy a used car from a trader it must be of satisfactory quality, fit for the purpose, and as described. Obviously a very old car with a high mileage will not be as good as a newer car with a low mileage, but it should still be fit for use on the road, in a condition which reflects its age and price, and reliable.

 

Traders cannot take away consumers rights by using terms such as ‘sold as seen’. Your legal rights are reduced if you buy a car from a private seller or an auction. If you buy a used car via the internet, you may have additional rights under the Distance Selling Regulations.

 

If you have a problem with a used car, you have a short time after buying it to reject the car. If the fault was present when you bought the car, you do have other remedies such as repair or replacement. It is recommended you always follow up complaints with the details in writing, and keep copies of all correspondence. As a last resort, you may need to consider taking court action. Remember, used cars may have some faults, but they should not be excessive. Fair wear and tear is not considered to be a fault.

 

Anyone know the definition of how long one has to reject a car?

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It won't be longer than a month, but the courts can alter this and I have know a case where a rejection was upheld by the court 2 years after purchase of a boat.

 

Once rejection action has been started, the dealer won't be able to drag it out so that it becomes out of time.

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  • 3 weeks later...

thanks for the advice, just to say i have written to AC, with the following update, first my 5th Feb car having not worked since i arrived home the same day, has been with Hyundai ever since, the latest news i will not expect my car before the 15th March! so i have been supplied a defective car needing a new body control module, new windsreen seal etc, no small job, i have had a free hire car from hyundai as it is covered by the hyundai warranty, however Hyundai taking responsibility does not negate AC from their responsiblity in selling such a car. if they do not make a sufficient offer i am commencing rejection proceedings any comments?

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  • 1 month later...
Any update devonbatman??[/quote

just to say thanks to everyone for their advice here AC offered me full refund or exchange within days of writing advising of my rights under the SOGA.

 

However i eventually accepted £150 as the car was fixed under warranty by hyundai. but having no car for a month following the day of purchase, having lost a day and a half at work etc i thoiught this was a pathetic outcome in terms of compensation for my trouble. aint no legislation to cover this area.

 

Bottom line i wont be using of dealing AC again

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  • 4 months later...
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