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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.  

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      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.

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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.
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      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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Citi Cards being obstructive with SAR


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Hi MC

 

You can claim all charges plus compound interest at least at the rate they were charging you....higher perhaps if you are willing to sue for interest in restitution.

 

Do you want to go for restitution or are you happy with their rate plus 8% Stat?

 

Either way you may have to be prepared to issue against them.

 

Regards

 

ims

 

Wow, you must be one of those psychics, I'd just PM'd you!

 

Would like to screw them to the wall if at all poss

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi

 

Yep, replied to your PM.

 

Right so you're up for it then and I guess you have your statements because you've been precise with the charge amounts above.

 

One last question....what was the rate they were charging on the card?

 

Regards

 

ims

 

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Hi MC

 

You can claim all charges plus compound interest at least at the rate they were charging you....higher perhaps if you are willing to sue for interest in restitution. Really, what about the ones they refunded?

Do you want to go for restitution or are you happy with their rate plus 8% Stat? Erm, I confess to being a complete noob when it comes to charges reclaims so don't really know? Of course i would like to claim as mucg as possible, but i suppose this depends on the likelyhood of success? Do Citi settle with compound/restitution? Is it more likely to succeed if thier rate + 8%?

Either way you may have to be prepared to issue against them. Yes, I think I could do that with the help from the good people here!

Regards

 

ims

 

 

Sorry for the many questions!

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi

 

Yep, replied to your PM.

 

Right so you're up for it then and I guess you have your statements because you've been precise with the charge amounts above.

 

One last question....what was the rate they were charging on the card?

 

Regards

 

ims

 

Bloody good question as I only have copy statements and the rate was shown on the rear. Do you remember my previous thread pm's! :-)

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi

 

What you'll do is work out a claim for all the charges including the interest and then just deduct what they have paid you.

 

As regards interest, have a read of No4 in my signature. Also have a look at this recently won Barclaycard thread which has some great information in it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-**WON**-Charges-older-than-6-years-***REFUNDED-with-Compound-Int-t***

 

Come back when you've had a read of those.

 

Regards

 

ims

 

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Hi ims,

 

I read all of the Barclaycard successes yesterday, so I have a rough idea, but of course it is a lot of information to take in in a short space of time.

 

I'll have a read of the other links suggested and come back.

 

BTW: there is an interest rate specified on the recon, but that is a load of crap in any case. I can explain why, but only prepared to do that in a PM for obvious reasons.

 

Thanks again ims, I'm quite looking forward to this.

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi

 

If this is a card then each monthly statement should have a rate on it, probably the monthly rate. If that is the case we can convert that to an APR. The reason is to find out which rate you are going to be best off claiming. We want to get the best possible return for you.

 

Regards

 

ims

 

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Unfortunately, they are copies of statements (single sided) the interest rate is referenced as being on the rear. I have a couple of copies of actual statements found in a bunch of divorce papers, but again no mention of rates on the front; just a note to say that interest rate details on the rear!

 

Just one thing that I would like to clarify if possible. Does the alleged accounts' delinquency have a bearing on a claim? i.e. hypothetically speaking, if you were arguing unjust enrichment, it could be said that this is not true as not all of the charges were actually paid?

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi

 

But technically the balance on the account is still due and it comprises those charges plus interest. What is likely to happen is that the bank will use the reclaim money to set off the balance due on the account and then if you owe them afterwards they would seek the balance and if they owe you, they pay the rest to you.

 

I would be inclined to go for restituion on the basis of Sempra Metals but of course this is your claim and your call.

 

I've attached a spreadsheet which will calculate your claim for you. Amend the personal details in the blue section and change the APR to a nominal rate of 24.9%. Then move to the white list section underneath the coloured bits and list the charges that appear on the account giving the date, description and the amount. The rest of the calcs are done for you. Leave the "claim to" date untouched as you will claiming right up to the date of settlement. The date on the sheet updates automatically each time you open it.

 

Please note that the sheet is protected in certain areas to prevent alteration to the formulae. If you get a protection message then it means you are trying to change data in a protected cell.

 

When you have completed your sheet you send it to the lender along with the letter of reclaim. There is a template in the CAG library, top of the page in green.

 

Give them 14 or 28 days to settle.

 

If they don't cough up then you will then send an lba and if they still don't cough you issue in court.

 

Regards

 

ims

 

CISheet.xls

 

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Hi ims,

 

Ok, that sounds reasonable. Restitution at 24.9% it is then.

 

Thanks for the spread sheet, I did download one yesterday from the Barclays success thread which used 29.9%. But am more than happy to be guided by you, so will use the one you provided.

 

Just one further question at this stage, no sorry two, should I include the unexplained £80 (ish) charge that appeared between the final statement balance and the figure on the NOA; I assume it is some sort of file referral/sale charge, but like I say, no information on it as ever been provided.

 

The other question is where does the simple interest at 8% come into it? If I read things correctly, the spreadsheet calculates the restitutuion (compound) and the simple interest is added upon judgement; is that right?

 

Thanks again ims your a gent and a scholar (assuming that you are indeed male, :oops: if not)

 

MC

 

Bugger, there was a third question which is why 14 or 28 days to settle? Which is best and why?

Edited by Master Chief

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi ims,

 

Ok, that sounds reasonable. Restitution at 24.9% it is then.

 

Excellent

 

Thanks for the spread sheet, I did download one yesterday from the Barclays success thread which used 29.9%. But am more than happy to be guided by you, so will use the one you provided.

 

You can use 29.9% if you wish but the higher you go the better you would have to be able to put your case IMHO. 24.9% seems to be a widely accepted rate to use. It ia of course your claim and you are free to choose.

 

Just one further question at this stage, no sorry two, should I include the unexplained £80 (ish) charge that appeared between the final statement balance and the figure on the NOA; I assume it is some sort of file referral/sale charge, but like I say, no information on it as ever been provided. I wouldn't put in any unexplained charge. If you want chapter and verse you could do a SAR but you might be waiting for 40 days for a response. bear in mind that if you go to court you will need to present evidence of the charges you are claiming oin your court bundles so anything that is not clear could perhaps jeopardise the claim.

 

The other question is where does the simple interest at 8% come into it? If I read things correctly, the spreadsheet calculates the restitutuion (compound) and the simle interest is added upon judgement; is that right? Yes, with your claim you would stop the comopund interest at the point you issue and you would ask the court for 8% Stat Int from the date of judgement to the date of settlement.

 

Thanks again ims your a gent and a scholar (assuming that you are indeed male, :oops: if not) Who knows!

 

MC

 

Bugger, there was a third question which is why 14 or 28 days to settle? Which is best and why?

 

Well some might say 14 days is too short for them to get it through their system and may be seen as slightly unrealistic and possibly unreasonable. 28 Would reflect that you have tried to be reasonable if you need to show your time-line to a judge. Again it is one of these things that is up to the individual really.

 

Also, don't foget that if they don't pay up at the preliminary stage you will be sending them a 14 day lba.

 

One thing you might get underway is a search for the card's T&Cs which you will need for court proceedings. Did I see that you mention that you had received them somehere?

 

Regards

 

ims

 

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By the way, I didn't mean to imply you must go for 24.9......you are perfectly welcome to go for 29.9 and there are documented cases around where it has been used successfully. It really is down to the individual to make their decision on how hard they want to push.

 

ims

 

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Ok, 24.9% it is as this will clear what I am alleged to owe plus a nice holiday me thinks, might choose somewhere with proper sharks and real teeth for a change :lol:

I have already SAR'd Citi last year, oh what fun that was. I got the usual treatment and brush offs about them not complying fully 'purged' 'not in a relevant filing system' etc, was pursuing with ICO, but did not follow through due to events at Christmas. Anyhow, the charge remains unexplaind, but as the settlement should be ample I'll leave it out of the claim.

 

 

"Thanks again ims your a gent and a scholar (assuming that you are indeed male, :oops: if not) Who knows!" - You I should hope!

 

Will give 'em 28 as I'm a nice person and I would like Mr/Mrs Judge to think so too!

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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By the way, I didn't mean to imply you must go for 24.9......you are perfectly welcome to go for 29.9 and there are documented cases around where it has been used successfully. It really is down to the individual to make their decision on how hard they want to push.

 

ims

 

I'm not greedy, and 24.9% is enough. So if there is a higher chance of success with that, then that is what it shall be.

 

Thanks again ims, would like to add to your rep, but can't anymore til I spead some around.

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Thank you again, have copied and will sort everything tomorrow.

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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8 threads merged and moved to the CITI forum

 

please keep to ONe thread per debt.

 

else people continually re-advise the same info again and again.

 

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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8 threads merged and moved to the CITI forum

 

please keep to ONe thread per debt.

 

else people continually re-advise the same info again and again.

 

dx

 

:oops: Wrists summarily slapped.

 

Apologies, just thought the subject matter was different so a new thread was required.

 

Thanks dx (I think)

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi ims,

 

Slight issue with the spread sheet, the account number field is not sufficiently large enough to enter a full credit card number so it gets truncated and does not display correctly.

 

As the sheet is protected I can't change it so that it fits.

 

Help please.

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi ims,

 

Slight issue with the spread sheet, the account number field is not sufficiently large enough to enter a full credit card number so it gets truncated and does not display correctly.

 

As the sheet is protected I can't change it so that it fits.

 

Help please.

 

MC

 

 

Hi

 

You can reduce the font size or use this one which is unprotected

 

Regards

 

ims

 

CISheetU.xls

 

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Hi

 

You can reduce the font size or use this one which is unprotected

 

Regards

 

ims

 

[ATTACH]30315[/ATTACH]

 

 

Hi ims,

 

It's been a busy few days for me and haven't sent anything to Citi as yet. However, I have been giving it some thought and it occurs to me that I may be able to kill two birds with one stone here, the downside is that I would negotiate a lower settlement; if i may explain what I was thinking:

 

The SOC claim amount is a little over £500 more than the current outstanding balance, which is alleged that I owe to 1st Crud. I would assume that, in the event of an pre-court settlement, Citi would first direct any monies due toward 1st Crud to extinguish any alleged outstanding balance and any amount over an above this would be duly paid to me.

 

Now, what if in my prelim' I made an offer for them to negotiate a settlement with 1st Crud to extinguish the balance in way of a F&F, or failure to do this would mean that I would seek the full amount claimed via court action. Do you think this is feasible plan?

 

Even if they did not accept, it would show to a DJ that I had attempted to negotiate a settlement and perhaps be favourable to me?

 

What do you reckon, can you see any problems in this other than me losing out on the potential difference?

 

Cheers,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi MC

 

Sorry...missed this question.

 

Save me reading through the whole thread, have Citi SOLD the account or are FC collecting on behalf of Citi?

 

ims

 

No problem ims, I know that you are a busy person with lots of replies to threads on the go. And thanks for taking a look.

 

The account was sold to 1st Crud as an absolute assignment in 2003.

 

Cheers,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi MC

 

Ok, thanks for that.

 

Since Citi have relinquished all of their rights to the account/debt by way of their complete sale of all rights, responsibilities etc., in my view you are perfectly entitled to (and should IMHO) treat these two mattaers as completely distinct from each other.

 

Cit now have no right to off set because they actually have no access to the account and no interest in it either. 1st Credit would have bought this debt for peanuts.

 

If it were me, I would go for Citi for all I could get and have them make payment to you on the grounds I have set out above. Only after that would I even consider a F&F with 1st Credit and you can treat that as a seperate issue. Bear in mind that they would have bought the debt for pennies so any offer you make should not exceed 10% of the alledged balance.

 

Before doing anything on a F&F I would wait and see what pressure 1st Credit choose to put on you.

 

IMHO of course.

 

ims

 

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