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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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Abbey and other questions ** WON **


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Hi everyone,

 

I have two brief questions. I've made my Data Protection Act Request to Abbey and have received a letter detailing "the microfiche argument". The last paragraph of the letter states "It is clear from your request that you require the tyransactiona,l information that is held on microfiche records. In order to avoid any additional delays, we will therefore use the £10 that you have sent with your DPA request as payment for the microfiche records that you need. You will receive these shortly. If you do not want us to do this, please call us on the above number" . Does this mean they're complying with my request or not and would it be appropriate to send the letter elsewhere on this site as a rebuttal of the microfiche argument?

 

My second question is: Given that the OFT has stated that bank charges can be no more than £12 per offence, can I claim the total money paid in bank charges or do I have to subtract £12 x number of penalty charges and claim the difference?

 

many thanks

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Hi - take a bit of time to read up first to make sure that you have the facts before going too far ahead. Read the FAQs and template letters then have a good read around here to see how others are getting on. Keep any progress on your own claim or questions that arise in a new thread in the forum for your bank to make it easier for others to follow and advise you. There's a set of links in my sig below that will help you find where all this useful information is. Well done for getting started! :)

 

It sounds to me like they are complying - you won't know for certain until the data arrives though!

 

If the charge exceeds the cost to the bank it is unlawful in the whole amount. Please ignore the £12 - it is only a level above which the OFT has said it will intervene directly, and only applies to credit cards anyway. We all know that it doesn't cost the bank more than £1.50 for some of the breaches that give rise to penalty charges, and in some cases there is no cost at all. There's no way that £12 is lawful.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Thanks Jeep. I've read around most of the thread for Abbey and various other sites too (notably the motley fool). Given that most other posters on the thread have received a year's worth of statements and not the full 6 year's worth, that's what I'm expecting to happen to me too. I'll keep you posted. Can we get this moved to the Abbey thread please?

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Ok, this morning 18 months' worth of duplicate bankstatements appeared on my doormat (sound familiar?). I'm assuming that the next step should be to send the Sticky letter re: DPA compliance? From reading other threads it seems that this leads to a tortuous exchange of letters. How many people (if any)have had the full info they require within the 40 day period?

 

Please change the name of this thread to Robh v Abbey

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Hi,

 

As previously mentioned, on the 9th sept, Abbey sent me 18 months worth of duplicate statements, following my original DPA request and their sending me the microfiche letter.

On Monday, a microfiche printout showing all transactions for the last 6 years turned up, well within the 40 day limit, without any further prompting!

Am i just one of the "lucky ones" or is this a case of just asking and sitting tight to see what happens working? I think that if I'd sent the microfiche letter, I wouldn't have got my information anywhere near as quickly, as seems to have happened to innumerable people on this forum.

 

Any thoughts?

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I am having a nightmare with Abbey. I requested statements on July 25th, request was received on 29th and up until today it has been totally ignored. I received the same microfiche letter that you did but only got 6 months of statements sent. My husband and I have called 4 times only to be told there is no record of our request (despite them cashing the cheque within 3 days!), we have been told several times that they are in the post etc, but as yet I have got nowhere. I know the claim is in the region of £3000, but as I am missing around 10 statements I don't know for sure. Their timelimit has well and truly expired, and they know full well that I cannot file a court claim until I have the written evidence. I phoned today because another month of charges are coming out tomorrow, but will they freeze them? Will they heck.

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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OK, Calculations done and I know how much to claim for, except for the interest. The thing that's confusing me is that in the prelim later there's a bit that says "I'm claiming x amount plus x amount interest" but several of the threads mention not claiming 8% interest till court or something similar.

What am i missing? Thanks in advance

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There's two distinct lots of interest applicable here and you need to get them straight in your mind first.

 

When you had a charge deducted from your account this lowered your bank balance. Over time the accumulated total of these charges may have driven your account into overdraft, and maybe past your limit. The bank usually charges you interest on the overdraft balance. Some of the interest paid could be due to genuine use of your overdraft, but over time the accumulation of charges will mean that the proportion that is due to charges will be greater, even up to the whole amount. There is a spreadsheet available (see my sig below) that will work out how much of the interest they have charged you is down to the charges. Note that it's the complex version that is required to do this calculation. This interest on charges IS reclaimable as part of your initial claim.

 

When your claim gets to the stage when you have to issue a summons for repayment of the monies owed you are entitled under Section 69 of the County Courts Act to add interest at 8% to the amounts you are claiming. The spreadsheet will also calculate this amount.

 

In your initial claim ask for the charges back, plus the calculated interest on those charges. Only when you raise your court paperwork can you claim the extra 8%.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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My microfiche statements only gave details of transactions and not the balance.

 

Seeing as i requested a FULL breakdown of charges i see no alternative but to add 8% to the total claim and, if they contest then this will be my argument in court.

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It would look good if it came to court, although I would ask the bank for a full calculation of interest charged on the charges as they haven't given you the means to calculate it yourself. The other option is contractual interest (see the threads in General 'A new way of looking at interest' and 'Why is no-one claiming contractual interest'.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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I've had a look through the contractual interest thread and claiming back at 16.9 % seems reasonable to me and I understand the legal reasoning behind it, particularly as you can claim the 8% rate as a fall back option if the court deem your interest calculation unreasonable. After that I got a bit bogged down in the compound interest part of the thread. My question two-fold: 1. Have I understood correctly that I don't need to know my balance at any point when a charge was incurred to calculate the interest ? and 2. It's implied that the simple interest spreadsheet can calculate the interest at the contractual rate by replacing the 8% by 16.9 %. How do I make it do this ?

 

Thanks

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1. To calculate contractual interest you don't need to know your balance - it's based on the charges deducted.

 

2. Just by changing the rate - this is only simple interest, rather than compound though.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Thanks Jeep - i'm not sure what you mean by "just change the rate". The box that says Interest 8% Apr is only text and the formulae behind the interest calculations seems to work by multiplying the charge amount by 0.00022 and then multiplying that by the number of days since the charge. Obviously the 0.00022 is the key to 8% so do I need to alter the formulae to 0.00044 or am I missing something blindingly obvious?

Sorry, it's just one of those days

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Which version of the sheet are you using (Excel/Woks/OpenOffice), (Bank/Credit Card), (Simple/Complex), (Scotland/the rest)?

 

In the Complex Bank sheet for Excel for England, on the third sheet enter the rate into the top orange box.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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You should still be able to set the rate as mentioned above in the simple sheet (I think - I've not used it). I'll see if it's still available for download and have a look.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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OK - just checked and it doesn't, so here's what to do: -

 

Enter 8% into F5

 

Copy this formula into the cell at F9 - =(C9*(F5/365))*E9

 

Copy the forumla down to to cells F10 - F116

 

Now you can change the value of F5 to be whatever you require.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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The amount it comes to depends on the spread of the charges - if they were mainly in the early years the interest is higher than if they were mainly in the later years.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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