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    • Calm Down please.... there is only one way to deal with this and that is - PROPERLY. Being surrounded by 'lawyers' who deal with 'disputes', just like going to the likes of CAB, in this instance has, most probably, to date,  sadly not helping you here. Such people always project an Aura of confidence, when the truth is they don't actually have the vast successful experience of the members here in dealing with the likes BMW. there are over 350 threads here . as far i gather this is the situation, In April, a car was purchased by your son from BMW. Finance taken out to purchase it has since been paid in full, as well as full payment for an annual Insurance policy. within 6 weeks, it was discovered and confirmed in writing, via a report from a local garage, that the car indeed had numerous performance modifications undertaken. Namely being remapped and with modifications to the exhaust system. having contacted his ins co, they require a further £5k to uprate his policy, without it renders the existing insurance policy invalid, thus the car is not being driven.  again within this 6 weeks, you wrote to BMW rejecting the car (we need to see this letter please. scan it up to PDF, please read our UPLOAD guide). at first BMW were onboard, even sending their own inspector, confirming the mods etc. but in the last 9 days since said inspection, comms have now gone dead. .................. you have 2 options - 1 - allow BMW to sort the car FOC and without hassle to him, but probably within their own snails pace timeframe. 2- EVENTUALLY bring legal action - this would most probably be under contract law, not a claim under the consumer rights act . (as financially you would lose out big time) to do 2. which is not easy and rather complex to calculate the financial sum involved...... we need all the info @BankFodder has requested. of many, but one good reason for this is say for this new mot, show the old one was suspect, good bargaining chip against 2500mls usage deductions... your call but you need to do this properly or not at all...............    
    • Hi, I've been reading through many of the stories in the sub-forum and I understand the process to be to send a Letter of Claim to the EVRi - in the post and to their customer support email and to sign up for MCOL.  I have looked at the various Letters of Claim and the MCOL claim forms - particulars of claim and I have gone through all of the screens on MCOL website to put in the final details so it is ready to go after the 14 days from when I send the Letter of Claim (of course assuming that EVRi dismisses my Letter of Claim to pay me in full!).  I also see the advise is to decline any mediation particularly because I have specified the parcel contents and value to EVRi when shipping it. I have put both the Letter of Claim and the forms from the MCOL particulars of claim into a single PDF for review.  The stories in the sub-forum often indicate people shipping with EVRi but some purchase through or have involved such companies as Parcel2Go and so I wasn't sure about the statement I made in the Letter of Claim if it was totally accurate to say "I am applying my third party rights under the Contracts (Rights of Third Parties) Act 1999"? I just wanted to confirm the correct wording.  In my case the parcel shipment was paid for on the EVRi website and sent at the Tesco EVRi Parcelshop.  On the MCOL claim form I have referenced Section 57 of the Consumer Rights Act 2015 in response to EVRi customer service hiding behind their lack of ability to insure delivery of laptops and their bogus non-compensated and prohibited items as a means to avoid any responsibility for them losing such items. Thank you for taking a look to see if there are any inaccuracies or amendments to the Letter of Claim - when it is looking good I will send via email and post it to EVRi.  Having drafted the particulars of the claim on MCOL, I shall be ready to submit the claim on the MCOL site when the 14 day period has elapsed and proceed from there.   Thanks for everyone's help! Letter of claim and MCOL Particulars of Claim.pdf
    • Wow quite surprised by your response in all honesty as I can’t see where you have requested details of the car. The car is insured and that was budgeted for and paid in full, the increase of £5k is because of the modifications, which no we didn’t budget for as we didn’t plan to buy a modified car, so no that doesn’t form any part of wanting to return the car, perhaps you don’t understand the impact modifications have on insurance premiums? Thanks for your help so far but feel going the legal route probably suits us better.
    • new thread created for the court claims. please complete this twice and i'll make another thread from the 2nd PDL Claimform we need to keep them sep.  
    • Most banks do not have any customer service staff available to support those opening a new current or savings account, according to research for Investec Bank.View the full article
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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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FCC's BC charges ***WON*** with compound int't


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In 2000, when I first informed Barclaycard that I was unable to continue making normal repayments the "person " on the 'phone promised to stop interest charges immediately. Of course they didn't and added, for the next six months a total of £580 interest and £70 late payment charge on one account and £423 interest and £70 late payment charge on the other account. My question is are these charges recoverable, as in PPI charges, or not.

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yes do some reading in the barclaycard forum

 

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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moved to bc forum

 

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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Hi FCC,

 

All default charges - late pay't fees; missed pay't fees; overlimit fees - can be reclaimed in full.

 

Read threads here to see what others have done. Also see some of the **WON** threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

If you don't have all the a/c statements, get them using an SAR from the library.

 

:wink:

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Thanks for that people. I do have all the statements going back to 1999, probably more than they have, minus all those statements that they should have sent to me but didn't bother. I have been reading the various " WON " and others and must confess to some confusion. I did attempt the spreadsheet, even though my computer said that there were several errors within, and after entering around £475 of charges it calculated up tp £8500, can this be correct?. Is their a route plan to direct me to follow A with B and not get lost, as I did last night following the recommended links?. Your continued assistance wouild be greatly appreciated by this 71 year old git. Regards

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try this:

 

just follow /replace the example in it already there

 

dx

  • Confused 1

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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I have replaced the previous data and inserted my own but the sheet does not calculate. I find that BC charged a monthly interest rate of 1.492%, do I multiply by 12 to find the annual rate and then divide by 365 to find the daily rate or is that too simple. regards

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Sorry if I seem to question your kind assistance but I entered the 17.904% and yet the previous daily rate remained at 0.00006% and if I multiply this by 4059 days it returns 24p compounded interest ( or is it me? )

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Sorry if I seem to question your kind assistance but I entered the 17.904% and yet the previous daily rate remained at 0.00006% and if I multiply this by 4059 days it returns 24p compounded interest ( or is it me? )

 

Hi there

 

One of the formulae seems to have been changed.

 

Here's another sheet you can use. Just change the APR figure to your 17.09%...don't change the daily rate...it will change itself.

 

Only enter list data in columns A, B and C...the rest of the calcs are done for you. Then all you need to do is change the personal data in the blue section.

 

Regards,

 

ims

 

 

CompoundInt.xls

 

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Thanks for that, I managed to get a result. Surprisingly, the £463.75 becomes £1609.56 after 4059 days. Next question: the charges total includes £393.75 interest charges that were added in the first six months after declaring my problem. Following the argument that they have profited from those charges I have to ask " have they? " as I have still not repaid the initial debt so am I allowed to reclaim the interest charges and not just the OOO charges. I hope you grasp the substance of my query. Regards

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Thanks for that, I managed to get a result. Surprisingly, the £463.75 becomes £1609.56 after 4059 days. Next question: the charges total includes £393.75 interest charges that were added in the first six months after declaring my problem. Following the argument that they have profited from those charges I have to ask " have they? " as I have still not repaid the initial debt so am I allowed to reclaim the interest charges and not just the OOO charges. I hope you grasp the substance of my query. Regards

 

Yes....nearly got you. (I think!)

 

The simple answer is that interest on normal purchases is not reclaimable. But the interest on the unlawful charges is. Provided you have only entered thos unlawful charges in your spreadsheet it gives you the correct figure to claim including the interest on those charges.

 

Regards

 

ims

 

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Sorry to be a pain but we're nearly there. I pay the minimum repayment each month and then I stop and renegotiate a lower affordable repayment. BC say how sorry they are that I am in this unfortunate position, promise to suspend interest charges until my position improves. They, unfortunately do not hold to the promise, made on the telephone so not provable, and continue to charge interest on the balance of my card account. Is this an interest charge on purchases or an unfair charge?. Better I get it clear now than lose a case because of an untrue assumption. Regards

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That's the problem with doing things on the phone. No backup. From now on I would recommend doing everything in writing.

 

As regards the interest, the interest you are getting now is part on purchases from way back and part on those unlawful charges. The spreadsheet claims back all of the interest applicable to the unlawful charges. You'll notice on the spreadsheet that the end date of the claim is today. Each day you opn the sheet it will come up with the new date. This ensures that you are claiming back the interest on the charges right up to date.

 

Regards

 

ims

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So!. You feel that the interest that BC continued to add, even though we had an agreed new repayment plan in place and operational, was an unfair charge and I should go ahead and claim restitutional compensation?. I do hope I am not putting on you too much. regards PS: everything is in writing nowadays when I look back at how naive and fearfull I was at that time I fel totally embarassed.

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Hi

 

Don't worry....many of us have been there but now we know better.

 

Think of it this way, if interest is accruing or being charged on an unlawful item then that interest amount is unlawful too. So what we are saying is that you want to be put back in the position you would have been in had those unlawful charges not been applied to the account and the interest accrued on those charges.

 

Regards

 

ims

 

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Hi FCC,

 

Sorry but you can't get an APR by multiplying the monthly rate by 12. You need a special calculator to do this - http://www.stoozing.com/mon2yr.htm

 

It converts a monthly rate of 1.492 to an APR of 19.45%.

 

However, you are not necessarily reclaiming the interest they have charged you. You should claim interest in restitution which enables you to get back interest at a nominal rate (19.9%, 24.9%, 29.9%, whichever you are comfortable with).

 

By doing this, the bank are not left in profit after using your money, which they should not have taken, to lend out at commercial rates.

 

I'd suggest you seek interest at 19.9% or 24.9%.

 

:wink:

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Thanks again folks, I have just finished a 2 composite spreadsheets using 17.9% as a base which gave me 0.04513% daily rate Oh Umm!

Just to recheck, did I do right, as the linked spreadsheet does not compute, I multiplied the number of elapsed days by 0.04513 to get the total of interest owed?. If so then I will rework the spreadsheet using the 19.45%APR.

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Hi

 

All you neesd to do is take a fresh sheet.

 

Change the APR box to read 17.9% (or one of slick's suggested rates. When you exit that cell, the daily rate will update.

 

You then just enter a date in column A, a narrative in column B and an amount of the charge in column C e,g, £12, £15 or whatever the amount is on your statement. You will see that the interest calculates for you in the end column. It will also update the total of charges and the total of interest in the blue section.

 

ims

 

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Still can't get your spreadsheets to work so have done it manually. 19.45% = 0.0487% daily rate ( feel free to disagree) I have then multiplied the daily rate by the number of elapsed days to find the compound interest. Am I right? Once again I wonder that if they applied interest for the six months and then no more for the next 10+ years I am right to reclaim the six months interest?? but I am happy to reclaim the OOO and a card renewal payment taken after the cards had been destroyed. Sorry for the confusion but I don't want to give them the right to tell me to " go away ". Regards

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No...the way you're calculating this is not right.

 

Pick one charge....give me the date of the charge, and the amount, I'll start the sheet off for you.

 

Don't worry...we'll get there

 

ims

 

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Hi

 

No not interest...it must be an overlimit or late payment charge. It is these charges we are claiming back.

 

Can you give me the date an amount of one of these charges please?

 

Thanks

 

ims

 

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Hi FCC,

 

If you're having trouble with the spready you're using, try this one instead - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

It is in the Interest Tutorial which you'll find at Link No3 in my signature. It's well-worth reading.

 

:wink:

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