Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
      • 162 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
        • Like

alanfromderby Capital One update - Settled in full!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6657 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Just had my call from Capital One asking when I will be paying, as I am about £60 over limit. As they have charged me £180 in charges over the past 6 months decided to suggest that they just refunded that, then problem solved!! ;)

 

As you can guess the chap was not too impressed and quoted terms and conditions etc.

 

Asked to speak to a manager, but guess what, they were all unavailable.

 

Letter ready and due in post tomorrow asking for £180 back - that should cover my April payment quite nicely. LOL

 

 

 

 

 

 

Link to post
Share on other sites

  • 2 weeks later...

Okay, LBA was received by them on Tuesday 11th, on Thursday 13th they have added a further £40! :(

 

So, this will be winging it's way to them tomorrow:

 

Robert Udy

Executive Office Manager

Capital One

PO Box 5281

Nottingham

NG2 3HX

 

15th April 2006

URGENT LEGAL MATTER

 

Dear Mr Udy

 

Account Number: xxxx xxxx xxxx xxxx

 

Further to my letter of 10th April.

I am disappointed to note that you have chosen to levy further unlawful charges to my account in the sum of £40. This is in addition to the £120, which has been previously notified to you, and still remains outstanding. The amount that I require to be refunded is therefore now £160.

As already stated, I now understand that the regime of 'fees' which you have been applying to my account, in relation to over-limit, and late payment charges, is unlawful at Common Law, Statute and recent Consumer regulations. I would again draw your attention to the terms of the contract which you agreed to at the time that we opened our account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

As previously stated, I require repayment of £160 to my account. Under the terms in my LETTER BEFORE ACTION, which you received on 11th April, you have until close of business on 25th April to complete that action. If you do not comply, then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

Yours sincerely,

Let's see what happens now.

 

 

 

 

 

 

Link to post
Share on other sites

Like the last paragraph.. very amusing..

 

Out of all of them Alan, I absolutely despise Capital One.. they have no common sense or logic (let alone compassion or sense of morality) - exemplified by the addition of another £40 to your account under such circumstances - they really are beyond comprehension..

 

Anyway, look forward to the response.. I'm still waiting for my statements and I can't wait to get my teeth into their backsides..

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

Link to post
Share on other sites

  • 2 weeks later...

Received letter from Robert Udy this morning offering full and final settlement of the £120 originally claimed - however, he has obviously not seen my follow-up letter regarding the extra £40 they charged me on 13th April.

 

So, agreed to suspend court action for 14 days, on the condition that they credit the £120, plus the other £40. It was a very close call as I had the claim all ready to fire off - then the postman arrived!

 

Anyway, almost there!

 

 

 

 

 

 

Link to post
Share on other sites

Hmmmm, well he refused point blank with me. Maybe they will indeed be saved by the bell as I have just spent a good couple of hours trying to squeeze in my particulars of claim on moneyclaim.

 

I really do not see how they will give in to some and dig their heels in with others - esp since we're both being dealt with by Mr Udy. Does he have two piles (yes we will refund all and no we won't) that he alternates the letters into?

 

and for similar amounts...it doesn't make sense.

 

C x

HSBC - full refund = £647

Capital One - full refund of £220 + court costs + interest

Link to post
Share on other sites

Hmmmm, well he refused point blank with me. Maybe they will indeed be saved by the bell as I have just spent a good couple of hours trying to squeeze in my particulars of claim on moneyclaim.

 

I really do not see how they will give in to some and dig their heels in with others - esp since we're both being dealt with by Mr Udy. Does he have two piles (yes we will refund all and no we won't) that he alternates the letters into?

 

and for similar amounts...it doesn't make sense.

 

C x

 

Maybe it depends on how much your claim is?

 

how much are you claiming for glitterari?

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

Link to post
Share on other sites

im surprised at that result alan - pleased..

 

cos i had been gettin the distinct impression that Capital One were actually so far off their heads, on planet zanussi with the fridges, that they really believed they were right.. and were actually going to contest the claims..

 

i got the standard Mr Udy reply to what was actually a complaint letter and not the prelim.. they've done a goodwill of £40 and then slandered the OFT in the rest of the letter (see my post Capital Offence)..

 

so 'im gonna pop my LBA in the post early on the basis of MR Udy's letter.. reduce my claim by £40.. and give em 14 days..

 

nice result for you thus far!

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

Link to post
Share on other sites

Just checked my on-line account and see that they have credited the £160 - that means they have refunded the full £220. Interesting footnote - the transaction was dated yesterday - Sunday!!

 

One down...six to go!

 

 

 

 

 

 

Link to post
Share on other sites

Hi,

Congratulations!! How far did you have to go?

 

Also, what did you put in your particulars bit? I'm having a hard time condensing things!!! I'm filling in my court thing tomorrow.

 

Thanks

Claim against Capital 1 £713........SETTLED.....Thanks Capital 1!!

 

On my list:

Barclaycard

Littlewoods

Dorothy Perkins/GE Money

Natwest

HSBC account and mastercard

Link to post
Share on other sites

Nice one Alan, enjoy the ice cream..

 

sent my LBA to them last week.. so hope I will be indulging in some Hagen Dasz in the very near future

 

good job

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

Link to post
Share on other sites

  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

 

 

 

 

 

 

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6657 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...