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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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JHarrod VS Barclaycard ***WON***Charges refunded***


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Around 3 years ago, I started the process of reclaiming charges against Barclays Bank, and my efforts were awarded with a bank transfer of just over £1000.

 

After a few years of charges being levied against my Barclaycard, I have come back for more blood and am now pursuing them for all reclaimable charges.

 

This site has changed drastically but can I confirm that I am to use the SAR letter in the first instance and use the following address to send it to:

 

Barclaycard,

Customer Relations Department,

PO BOX 9131,

51 Saffron Road,

Leicester,

LE18 9DE

 

Thanks

Barclays

S.A.R (Subject Access Request) letter sent 10/11/06

Cheque returned and statements to follow 16/11/06

Statements received 18/11/06

Preliminary approach for repayment letter sent 20/11/06

Acknowledgement letter received 25/11/06

Letter before Action sent 08/12/06

Full and final offer (half the requested claim) received 18/12/06

Thanks but no thanks letter sent 31/12/06

** Further communication will be entered here when I find it **

Claim defence received 14/03/07

AQ, Direction of order and SG Other Info sent 29/03/07 (5 days before deadline)

NatWest

Preliminary approach for repayment letter sent 17/11/06

Acknowledgement letter received 28/11/06

Letter before Action sent 08/12/06

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Hi JH and welcomeback.

 

BC charges can still be reclaimed in full plus interest at the a/c's contractual rate. Read more about this in the Interest Tutorial linked in my signature.

 

If you haven't kept your recent BC statements (why not ??), send the SAR and £10 fee to the address on your BC statements.

 

8-)

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Hi Slick, thanks for the reply.

 

I have opted for paperless statements and view them online now. However, I should have some statements at home I can get the address from. However, if I can't find any, can you say whether or not the address in my first post is correct?

 

Thanks again.

Barclays

S.A.R (Subject Access Request) letter sent 10/11/06

Cheque returned and statements to follow 16/11/06

Statements received 18/11/06

Preliminary approach for repayment letter sent 20/11/06

Acknowledgement letter received 25/11/06

Letter before Action sent 08/12/06

Full and final offer (half the requested claim) received 18/12/06

Thanks but no thanks letter sent 31/12/06

** Further communication will be entered here when I find it **

Claim defence received 14/03/07

AQ, Direction of order and SG Other Info sent 29/03/07 (5 days before deadline)

NatWest

Preliminary approach for repayment letter sent 17/11/06

Acknowledgement letter received 28/11/06

Letter before Action sent 08/12/06

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Yes, you can use just about any BC address to send the SAR.

 

They'll only supply statements going back 6 years so, if you have any older statements, check them for penalties too. These can be reclaimed and interest in restitution on top makes them very worth claiming back.

 

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Thanks Slick.

One last question. What do I write on the cheque in the "Pay" section? Just Barclaycard?

Barclays

S.A.R (Subject Access Request) letter sent 10/11/06

Cheque returned and statements to follow 16/11/06

Statements received 18/11/06

Preliminary approach for repayment letter sent 20/11/06

Acknowledgement letter received 25/11/06

Letter before Action sent 08/12/06

Full and final offer (half the requested claim) received 18/12/06

Thanks but no thanks letter sent 31/12/06

** Further communication will be entered here when I find it **

Claim defence received 14/03/07

AQ, Direction of order and SG Other Info sent 29/03/07 (5 days before deadline)

NatWest

Preliminary approach for repayment letter sent 17/11/06

Acknowledgement letter received 28/11/06

Letter before Action sent 08/12/06

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Many send a Postal Order to avoid giving BC sight of your current signature.

 

Make your cheque or PO to Barclays Bank Plc

 

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Just letting you know know I have sent my letter, as well as the cheque, by 1st class recorded delivery today. Let's see if they respond within 40 days, and how much I may be entitled to claim. Hopefully, I can get as much success as I did with my bank account.

Barclays

S.A.R (Subject Access Request) letter sent 10/11/06

Cheque returned and statements to follow 16/11/06

Statements received 18/11/06

Preliminary approach for repayment letter sent 20/11/06

Acknowledgement letter received 25/11/06

Letter before Action sent 08/12/06

Full and final offer (half the requested claim) received 18/12/06

Thanks but no thanks letter sent 31/12/06

** Further communication will be entered here when I find it **

Claim defence received 14/03/07

AQ, Direction of order and SG Other Info sent 29/03/07 (5 days before deadline)

NatWest

Preliminary approach for repayment letter sent 17/11/06

Acknowledgement letter received 28/11/06

Letter before Action sent 08/12/06

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  • 1 month later...

They responded on the 6th, but unfortunately I mis-typed a number in my account number, so I re-sent the letter on 6th December. How long should I wait for them to come back to me?

Barclays

S.A.R (Subject Access Request) letter sent 10/11/06

Cheque returned and statements to follow 16/11/06

Statements received 18/11/06

Preliminary approach for repayment letter sent 20/11/06

Acknowledgement letter received 25/11/06

Letter before Action sent 08/12/06

Full and final offer (half the requested claim) received 18/12/06

Thanks but no thanks letter sent 31/12/06

** Further communication will be entered here when I find it **

Claim defence received 14/03/07

AQ, Direction of order and SG Other Info sent 29/03/07 (5 days before deadline)

NatWest

Preliminary approach for repayment letter sent 17/11/06

Acknowledgement letter received 28/11/06

Letter before Action sent 08/12/06

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Because of the xmas holiday period, I'd give them their 40 days from the date you re-sent the SAR plus a bit extra.

 

If you haven't had their response by, say, Monday 17th, send a SAR non-compliance letter from the bank templates library.

 

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I've had a reply back to them, but they say "Unfortunately, we can't provide you with the copies of any individual default charges that have been made on your account. However, you'll find these charges detailed on the enclosed statements.". I've looked at the four bundled statements and it seems like they have sent me four identical copies, which just detail information about my account and what the terms mean. What do I do now?

Barclays

S.A.R (Subject Access Request) letter sent 10/11/06

Cheque returned and statements to follow 16/11/06

Statements received 18/11/06

Preliminary approach for repayment letter sent 20/11/06

Acknowledgement letter received 25/11/06

Letter before Action sent 08/12/06

Full and final offer (half the requested claim) received 18/12/06

Thanks but no thanks letter sent 31/12/06

** Further communication will be entered here when I find it **

Claim defence received 14/03/07

AQ, Direction of order and SG Other Info sent 29/03/07 (5 days before deadline)

NatWest

Preliminary approach for repayment letter sent 17/11/06

Acknowledgement letter received 28/11/06

Letter before Action sent 08/12/06

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Hi JH,

 

Does the data supplied enable to identify each individual penalty charge made on the a/c in the last 6 years.

 

If not, reply with a DPA Non-Compliance letter from the bank templates library.

 

Confirm that you are entitled to, and require, individual data for each and every penalty charge made to your a/c for at least the last 6 years from the date of your original SAR.

 

8)

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No it doesn't. I'll send the DPA Non-Compliance letter off today. Thanks for your help slick.

Barclays

S.A.R (Subject Access Request) letter sent 10/11/06

Cheque returned and statements to follow 16/11/06

Statements received 18/11/06

Preliminary approach for repayment letter sent 20/11/06

Acknowledgement letter received 25/11/06

Letter before Action sent 08/12/06

Full and final offer (half the requested claim) received 18/12/06

Thanks but no thanks letter sent 31/12/06

** Further communication will be entered here when I find it **

Claim defence received 14/03/07

AQ, Direction of order and SG Other Info sent 29/03/07 (5 days before deadline)

NatWest

Preliminary approach for repayment letter sent 17/11/06

Acknowledgement letter received 28/11/06

Letter before Action sent 08/12/06

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  • 2 weeks later...

Hey peeps, I've got my charges/payments from Barclaycard. Here's a list:

 

Cash Advance/Cheque Handling Fee (£1.50, £2.50, £3.75, £4.50)

Exceed Limit (£20)

Late Payment Charge (£12, £20)

Over Credit Limit Charge (£12, £20)

Interest on Standard Balance

Interest on Cash Balance

 

Can you let me know which of the above I can claim?

 

Many thanks

Barclays

S.A.R (Subject Access Request) letter sent 10/11/06

Cheque returned and statements to follow 16/11/06

Statements received 18/11/06

Preliminary approach for repayment letter sent 20/11/06

Acknowledgement letter received 25/11/06

Letter before Action sent 08/12/06

Full and final offer (half the requested claim) received 18/12/06

Thanks but no thanks letter sent 31/12/06

** Further communication will be entered here when I find it **

Claim defence received 14/03/07

AQ, Direction of order and SG Other Info sent 29/03/07 (5 days before deadline)

NatWest

Preliminary approach for repayment letter sent 17/11/06

Acknowledgement letter received 28/11/06

Letter before Action sent 08/12/06

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Hi JH,

 

These are the unlawful penalties that you should reclaim in full, plus interest:-

 

Exceed Limit (£20)

Late Payment Charge (£12, £20)

Over Credit Limit Charge (£12, £20)

 

Read the interest Tutorial linked in my signature below about how and why you should claim interest in restitution at the "cash advance rate" on the a/c.

 

8-)

We could do with some help from you

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So as both "Interest on Standard Balance" and "Interest on Cash Balance" are not charges, I can't reclaim them? That's a shame as the total for them came to over £1,000 and with my limit being £1,800, it would help clear down the balance it's currently at.

 

I'll have a read of the interest Tutorial.

 

Thanks Slick

Barclays

S.A.R (Subject Access Request) letter sent 10/11/06

Cheque returned and statements to follow 16/11/06

Statements received 18/11/06

Preliminary approach for repayment letter sent 20/11/06

Acknowledgement letter received 25/11/06

Letter before Action sent 08/12/06

Full and final offer (half the requested claim) received 18/12/06

Thanks but no thanks letter sent 31/12/06

** Further communication will be entered here when I find it **

Claim defence received 14/03/07

AQ, Direction of order and SG Other Info sent 29/03/07 (5 days before deadline)

NatWest

Preliminary approach for repayment letter sent 17/11/06

Acknowledgement letter received 28/11/06

Letter before Action sent 08/12/06

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Hi JH,

 

Correct, you can't reclaim the interest.

 

However, when you reclaim the penalty charges, you can reclaim compound interest in restitution on those charges. The older the charges, the greater the amount of interest you claim.

 

Put the charges on a spreadsheet and you may well find you can reduce the a/c balance significantly.

 

You'll have to take court action to get the full amount back, as shown on other threads.

 

8-)

We could do with some help from you

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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The oldest charge dates back to 24 Augutst 2005. So I would think that there would be a decent amount of interest to be claimed.

Barclays

S.A.R (Subject Access Request) letter sent 10/11/06

Cheque returned and statements to follow 16/11/06

Statements received 18/11/06

Preliminary approach for repayment letter sent 20/11/06

Acknowledgement letter received 25/11/06

Letter before Action sent 08/12/06

Full and final offer (half the requested claim) received 18/12/06

Thanks but no thanks letter sent 31/12/06

** Further communication will be entered here when I find it **

Claim defence received 14/03/07

AQ, Direction of order and SG Other Info sent 29/03/07 (5 days before deadline)

NatWest

Preliminary approach for repayment letter sent 17/11/06

Acknowledgement letter received 28/11/06

Letter before Action sent 08/12/06

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Hi Slick,

 

Thanks again for the response. I have had a look at the Interest page and also looked at the interest calculation spreadsheet.

Am I right in saying that I can also claim the following:

 

Unpaid Cheque Charge (this is "Cash Advance/Cheque Handling Fee" on my charges)

Unpaid Direct Debit Charge

Cleared Transaction (what does this include)

Barclays

S.A.R (Subject Access Request) letter sent 10/11/06

Cheque returned and statements to follow 16/11/06

Statements received 18/11/06

Preliminary approach for repayment letter sent 20/11/06

Acknowledgement letter received 25/11/06

Letter before Action sent 08/12/06

Full and final offer (half the requested claim) received 18/12/06

Thanks but no thanks letter sent 31/12/06

** Further communication will be entered here when I find it **

Claim defence received 14/03/07

AQ, Direction of order and SG Other Info sent 29/03/07 (5 days before deadline)

NatWest

Preliminary approach for repayment letter sent 17/11/06

Acknowledgement letter received 28/11/06

Letter before Action sent 08/12/06

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Unpaid Cheque Charge - YES

 

(this is "Cash Advance/Cheque Handling Fee" on my charges) - I'd say no to these

 

Unpaid direct debit Charge - YES

 

Cleared Transaction (what does this include) - I'd say no again.

 

Just claim the usual amounts, ie £20, £15 and £12 which you were charged if you paid late, failed to pay at all, or a payment was returned unpaid (cheque or DD).

 

If the charges go back to 2005, there should be a decent amount of interest in restitution.

 

Put the charges onto a spreadsheet and see what figures you come up with.

 

8-)

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Hi Slick, I have done the spreadsheet and the total charges are £232 with the interest being £61.36.

 

Am I right in the following calculation:

 

I have an "Exceed imit" charge of £20

Date of occourence: 24/08/2005

Days since charge: 1978

8% interest: 8% (£8.70) Calculated by (charge*0.00022)*Days since charge

 

Should the interest in restitution be higher than £8.70 for a £20 charge?

 

A huge thanks for your help so far Slick.

Barclays

S.A.R (Subject Access Request) letter sent 10/11/06

Cheque returned and statements to follow 16/11/06

Statements received 18/11/06

Preliminary approach for repayment letter sent 20/11/06

Acknowledgement letter received 25/11/06

Letter before Action sent 08/12/06

Full and final offer (half the requested claim) received 18/12/06

Thanks but no thanks letter sent 31/12/06

** Further communication will be entered here when I find it **

Claim defence received 14/03/07

AQ, Direction of order and SG Other Info sent 29/03/07 (5 days before deadline)

NatWest

Preliminary approach for repayment letter sent 17/11/06

Acknowledgement letter received 28/11/06

Letter before Action sent 08/12/06

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Try using the "simpler spreadsheet" which is linked in the Int't Tutorial under the Credit Cards heading.

 

A charge of £20 on 24/08/2005 reclaimed using 19.9% (for instance) should give an int't figure of approx £38, hence a reclaim figure of approx £58.

 

See what you come up with.

 

8-)

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Hi Slick, you were up late last night????

 

I have looked at the simpler spreadsheet and the interest % there is 29.90. Is there a base interest to use or does it change depending on the date/amount of the charge?

 

Thanks.

Barclays

S.A.R (Subject Access Request) letter sent 10/11/06

Cheque returned and statements to follow 16/11/06

Statements received 18/11/06

Preliminary approach for repayment letter sent 20/11/06

Acknowledgement letter received 25/11/06

Letter before Action sent 08/12/06

Full and final offer (half the requested claim) received 18/12/06

Thanks but no thanks letter sent 31/12/06

** Further communication will be entered here when I find it **

Claim defence received 14/03/07

AQ, Direction of order and SG Other Info sent 29/03/07 (5 days before deadline)

NatWest

Preliminary approach for repayment letter sent 17/11/06

Acknowledgement letter received 28/11/06

Letter before Action sent 08/12/06

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On your statements, you'll find info about the various different int't rates they'd charge. Find the one for "cash advance or withdrawal" and use this rate. It's likely to be between 20 and 30%.

 

Put that on the spreadsheet and let me know what int't shows for the August 2005 charge discussed above.

We could do with some help from you

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Hey Slick, on my statement it shows:

 

Interetst Rates

Annual Purchase Rate 26.90%

Cash Interest Rate 27.90%

 

So using 27.90%, I put in £20 from 24/08/2005 and the interest is £55.68. This being a total of £75.68.

 

I'm at work now but I'll use that spreadsheet to recalcute what I can claim and then I'll get back to you before sending the claim off.

 

Many thanks once again!

Barclays

S.A.R (Subject Access Request) letter sent 10/11/06

Cheque returned and statements to follow 16/11/06

Statements received 18/11/06

Preliminary approach for repayment letter sent 20/11/06

Acknowledgement letter received 25/11/06

Letter before Action sent 08/12/06

Full and final offer (half the requested claim) received 18/12/06

Thanks but no thanks letter sent 31/12/06

** Further communication will be entered here when I find it **

Claim defence received 14/03/07

AQ, Direction of order and SG Other Info sent 29/03/07 (5 days before deadline)

NatWest

Preliminary approach for repayment letter sent 17/11/06

Acknowledgement letter received 28/11/06

Letter before Action sent 08/12/06

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OK, £76 looks more like it.

 

You should now enter all the penalty charges on the spready and let us know roughly how much int't in restitution you can claim, on top of the charges.

 

8-)

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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