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    • In that case I don't think you'd have any grounds for a claim against the receiver, short of anything actually criminal. The receiver was appointed by the lender so any claim you make should be aginst them. How much equity do you reckon there was when they took possession? Realistic value less outstanding balance (including arrears).  This messing around makes me wonder even more if the property was wildly over valued. Normally a lender would sell and not really care if they got the best price so long as they covered the balance plus their costs. 
    • Hey @lookinforinfo I'm not sure, I don't believe he told them he's the driver. He must have selected an option saying that he's appealing on behalf of the driver or something of the sort. In more news, however, these wannabe thugs are back at it again. Honestly, what a joke. In the letter they sent before this it said they had made "2 attempts" and in this letter they said "4 attempts", I wonder what happened to the "3rd attempt" lol.  WhatsApp Image 2024-04-18 at 14.06.07_44abc9c8.pdf
    • Hi all, I purchased a car in January from Big Motoring World Leeds. At the time of sale I was shown a tab on the salespersons computer marked 'service history' and I was able to take comfort knowing that the car had been serviced on 3 occasions as the date, mileage and company was there on screen. Being a 3 and a bit year old car that, in my mind, constituted full service history 🤷‍♂️ Anyway, collected the car a week later. Once home I settled down to through the book pack etc. Opened the service history booklet and it was completely blank. In addition there were no invoices detailing that any services had been done. I duly contacted BMW and asked them to supply me with proof of service history. They responded saying that on their 'vehicle documentation checklist' I had ticked and then signed to the fact that I had seen the service history and that I was happy with it. I dug out this checklist and what it actually states is 'seen service history online' which I had in the showroom. BMW seem to think that this satisfies their responsibility in providing service history. The reality is that I don't have any proof that the vehicle has ever been serviced! For my own peace of mind I ended up paying for a service that satisfied the manufacturers maintenance schedule to the tune of £330. I even complained to the finance company that the vehicle contravenes the Sale of Goods act 2015 as l, in effect, ot is not as described. Amazingly they weren't interested and instead I just got an email stating that it's not illegal to sell a vehicle without service history and that servicing costs were part and parcel of vehicle ownership. I've since complained to the ombudsman and am awaiting to see if they can help. I have no issue with the car but the treatment and customer service has been the worst I've ever experienced. I don't really know what to do next as I really do feel aggrieved that I've had to pay to service a car that should have already been serviced. Can anyone point me in the right direction please? 🙏
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
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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. 
       

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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.
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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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interest


kezzer
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first of all - hi guys - I love this site, power to the people! I'm looking to claim back around £500 in fees from First Direct over the last 2 years in overdraft charges. I've got all my statements - cos I'm slightly anal - so I'm ready to go EXCEPT I don't know how to work out what I should charge in interest.

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I'm so bad at maths I can only count to 20 if I'm wearing sandals, and yet, I managed the Excel sheet!

 

the whole point is you don't have to do any maths:

 

"In respect of" : enter "refused cheque, bounced d/d", or whatever caused the charge.

"Amount" : just write the amount, no £ sign, like this, 20.00, or 38.00, you get the idea.

"Date Incurred": written like this, 02/04/06

"Days since Offence": don't write anything, Excel will work it out.

"Interest 8% APR": don't write anything, Excel will work it out.

 

Delete as many columns as you need to between your sums and the total column, make sure you save a copy named after the bank you're pursuing (especially if you're going after more than 1). Voila.

 

Next time you open the doc, it will automatically update the accrued interest, and there you have it. No maths at all, it's all been done for you.

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Hi kezzer - email me the charge amounts and dates they were incurred - I will send back the spreadsheet readu for you to put your own details in (name and acc number etc etc)

 

Have sent you a PM too

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I might be wrong, but isn't the spreadsheet only for use when the case gets to court and you need to claim the 8% extra that the court allows? This is different to the interest that you have already been charged on the fees and are surely due back.

 

There are different lines of thought about claiming back this interest - I'm sure I've seen elsewhere on this forum the thought that in court the bank might say 'but surely we're entitled to something?' - and a good response would be 'yes - that's why we haven't claimed the interest'.

 

I have put together a spreadsheet to calculate this - it's neither pretty, clever or easy to use - but if you'd like a copy send me a PM.

 

Regards....

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You are quite right - interest on those charges is ONLY added if you have to issue court proceedings.

 

I had presumed, possibly wrongly(?), that kezzer understood this.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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thanks guys...I'd assumed the spreadsheet was for working out interest to charge to the bank for the original charges, not the interest from the date of claiming it back. Obviously, I was mistaken there. Thanks for your help anyways. I've got my preliminary letter in the post today, claiming back £589. Will post new thread and keep you updated.

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  • 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

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