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    • Hi just typed all defence clicked next and it's deleted all. Any help
    • I forgot to say, there is one last possibility and that is that they will receive your letter of rejection and simply fold, accept the rejection and refund you. Don't wait too long for this. Seven days maximum – but in that seven days you could send your letter of claim anyway and when that you don't hear from them or when they start mucking around at least you are seven days closer to beginning the legal action – and they will know it (which is the important thing).
    • Okay that is excellent that you have an email between the garage and the warranty company confirming that there is a serious problem with the gearbox. That is very powerful evidence. I think the situation is this: you have sent them a letter of rejection but the reputation of big motoring world is that they won't take a lot of notice and they will try to prevaricate and maybe even blame you. Clearly you don't want the car any more and anyway it sounds as if the cost of repairs is going to be enormous. You don't know if the warranty company is going to step up to the mark but the whole thing is going to take a long time and I understand that you have lost confidence in big motoring world because of this event and also their reputation which you are now discovering on Facebook and on this forum and no doubt elsewhere. On the basis that you don't want the car any more and you want your money back, you need to hurry things along. I think the first thing is that you need to decide if you are prepared to bring a claim in the County Court. Even without the warranty money, the claim is worth more than £10,000. For actions less than £10,000, you bring a "small claim" and this means that even if you lose the case you won't be liable for the other side's costs. If you win the case then not only will you get your money plus interest but also you will recover all of the costs of the action. For actions more than £10,000, you go to something called the "fast track" and in the event that you lose the case, then you could be liable to reimburse the winner some of the costs. This means that in addition to not recovering your own money, you would lose your own court fees and also you would have to to bear the costs of the other side probably something less than £5000 – but as a rough guess. If you bring your court claim then your chances of success are almost 100%. Frankly if you brought a court claim then I can imagine that big motoring world will put their hands up and pay you out rather than face go to court and losing and getting a judgement against them. However, it you need to consider that this is a risk factor – although my view it is a negligible risk factor. If you did bring a court case, it wouldn't be instant. If they put their hands up then it would probably happen very quickly. If they didn't put their hands up then you could take anything up to a year for the matter to be resolved and during that time you would be without your car and without your money and in the middle of litigation. I'm explaining this to you say that you understand how it works. Bring a court case would be really the last resort when everything else has failed. However, I'm quite certain that you would win and it would be stupid of big motoring world to try to resist. In order to bring a court case you would have to send a letter of claim giving them 14 days to accept rejection and organise the refund otherwise you would begin the claim. Don't imagine that you could bluff this. If you did send a letter of claim then you would have to go through with it otherwise you lose all credibility and you might as well pack up and go home. So with this in mind, here are possible courses of action you could take. You can simply wait and see what their reaction to your letter of rejection will be. However they may not reply or else they may find some other reason to delay and of course during that time you will be without your car and without your money blah blah blah, not knowing if big motoring world were going eventually to start acting sensibly and respectfully towards you. The second thing you can do – and I think this has been suggested on Facebook – is that you can go along there and simply make yourself present and talk to other customers and generally speaking make a nuisance of yourself and embarrass them to the point where you would be explaining to other potential customers to be careful, to look on Facebook, and to do some careful research before they put their business to big motoring world. This has a reasonable chance of success although you would have to be careful. You should go accompanied by a friend and there should be no anger, no arguments, nothing that could be considered as being overly aggressive so that big motoring world would have no justification in kicking you out or even worse, calling the police. If you did this, then I would suggest that you record everything on the telephone carried in a pocket. A fully charged battery will probably keep a voice recorder and a telephone going for more than 20 hours or 30 hours. The other person can video any incidents so that everything is clear and you can inform big motoring world then it will be going up on the Internet. If you did this, my favourite option would be to issue the letter of claim giving them 14 days, and then going along to big motoring world with a copy of your letter of rejection and a copy of the exchange between the mechanic and the warranty company and a copy of your letter of claim – all settled together – and probably about 20 or 30 copies in all and I would start handing them out to any customers who came in. Big motoring world will soon get the picture and they will either move your the premises in which case you stand outside and carry on doing it or they will finally give in. Of course there is a chance that they won't give in and they will simply call your bluff – but in that case I think you have no choice other than to follow through with your 14 day threat in the letter of claim and to begin the legal action. At the same time you should be putting up reviews on Google and also trust pilot explaining exactly what has happened and also explaining that the mechanic has confirmed to the warranty company that there is the serious problem, that you have asserted the right to reject and that this is been ignored by big motoring world and that you have now sent a letter of claim and that you will be starting a legal action in 14 days. Once again, don't bluff about the legal action. If you threaten it – then you must mean it – and on day 15 you click of the claim. You don't need a solicitor for any of this. It's all fairly straightforward and of course we will help you all the way that it the decision is yours to make and I think you need to make it fairly quickly. I think the cost of starting an action for about £13,000 is 5% and then also if it goes to trial which I would say is almost impossible – there would be an additional fee. You would claim interest at 8%. A judge might award a lower figure but frankly if you can show that big motoring world is attempting to ride roughshod over your very clear statutory consumer rights, I can imagine that the judge will want to show displeasure by awarding the full 8% which is a pretty good rate – even though it's not compensation for the hassle and the distress you are going through. If you decide to get solicitor, then if you win the case, because it is over £10,000 you will recover some of your costs but you won't recover all of them. If the solicitor begins by having exchanges of letters then I doubt whether you will be up to recover the cost of those and you could easily find that you're chalking up 500 quid or even a thousand simply on initial exchanges of correspondence. Also you need to bear in mind that if after having exchanges with a solicitor, big motoring world cave in – then you definitely won't get those costs back because you won't have gone to court and therefore a judge will not have made the order for payment of those costs. I suggest very strongly that you avoid paying any money for a solicitor and that you do it yourself. It's not a big deal – although you will have to you react quickly to the help we offer on this forum. Also, an additional benefit is that you will learn a lot and you will gain confidence and eventually you will feel good about suing anybody else who gets in your way. Nothing not to like! If you do decide to instruct a solicitor then you must take control of the solicitor. Most of them prefer to sit in an office writing letters on the clock. If you do decide to instruct a solicitor then you must instruct the solicitor very firmly that they should send one letter of complaint giving seven days. A second letter – a letter of claim giving 14 days and that they must then begin the action. If you don't do this. If you don't take control then it will simply cost you money, you will be without your car even longer and of course without your money. The whole thing is a nightmare. I think I've laid out the options but please do ask questions. I hope you can see that this is the kind of advice that you won't be getting on Facebook. Nothing against Facebook. It's good as a meeting place and to make people realise that they aren't on their own – but after that the advice given is weak and confusing.  
    • What makes you say that?  I have no idea how I would go about that or why they would even entertain discussions now that they've won the Court case
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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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Cap1 & CCA return


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One more thing, I was told that if they satisfy your request after the statutory time by producing the agreement then they can pursue the agreement, without a court order.

 

Am i right in thinking thought that they have to sennd the T&C's and statement of account as well, otherwise they can't enforce it?

 

So, if they send the agreement a week after the timeframe allowed, they still can't enforce it unless they provide everyhting else (0r, get a court order?)

 

Hi

 

If the creditor sends a 'true' copy agreement at any time after the 12 days or even after the 12 + 30 days he can enforce it without a court order but if an offence has been committed then he would have to explain this to a judge!

 

If the agreement document itself does not contain all of the T&Cs (except for prescribed terms which MUST be on the signature document) then these can be in shown separately but if so, the original T&Cs must be sent with the signature document.

 

I think the creditor is only obliged to send a separate account under s 77/78 if you actually requested it. If you just asked for a copy of the agreement then I presume they only have to send that.

 

Regards, Pam

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I wrote to Halifax Visa on the 14th February 2007 requesting credit agreement. It was received (Recorded Delivery) 15th February 2007.

 

This morning (8th March 2007) I have received a default notice dated the 1st March 2007, envelope kept and franked 8MAR07 by post office.

 

Now by my count 15FEB07 to 2MAR07 is 12 working days and I haven't recieved my CCA original agreement. So they shouldn't have issued the default.

 

Anyone have a template I can use to write back and tell them they are in breach of whichever clause of the CCA.?

 

Hi

 

I don't think there is a template as such. Just write and say that the account is still in dispute as you are still waiting for a 'true' copy of the original agreement and that they should not be trying to enforce the debt whilst the dispute is unresolved. Have you acknowledged this debt, either by making payment or in writing?

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Hi

 

If the creditor sends a 'true' copy agreement at any time after the 12 days or even after the 12 + 30 days he can enforce it without a court order but if an offence has been committed then he would have to explain this to a judge!

 

If the agreement document itself does not contain all of the T&Cs (except for prescribed terms which MUST be on the signature document) then these can be in shown separately but if so, the original T&Cs must be sent with the signature document.

 

I think the creditor is only obliged to send a separate account under s 77/78 if you actually requested it. If you just asked for a copy of the agreement then I presume they only have to send that.

 

Regards, Pam

 

Hi Pam,

 

thanks for that....I would just to clarfy then that, if they have committed an offence then produce the agreement they can enforce it (even if they have not sent the terms and conditions)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Hi Pam,

 

thanks for that....I would just to clarfy then that, if they have committed an offence then produce the agreement they can enforce it (even if they have not sent the terms and conditions)

 

 

Hi

 

No, if any of the terms and conditions (other than prescribed terms which MUST be on the signature doc.) that should have been on the signature document are not - then the agreement must refer you to the separate document where they are listed and this must be provided as part of your CCA request:

 

Quote from OFT doc. - Cancellable Agreements

 

Some terms must always be contained in the signature document as described under the heading ‘What the agreement must contain’.( i.e. prescribed terms)

But any other term of the agreement can be recorded either in the signature document or in another document referred to in it.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hi

 

No, if any of the terms and conditions (other than prescribed terms which MUST be on the signature doc.) that should have been on the signature document are not - then the agreement must refer you to the separate document where they are listed and this must be provided as part of your CCA request:

 

Quote from OFT doc. - Cancellable Agreements

 

Some terms must always be contained in the signature document as described under the heading ‘What the agreement must contain’.( i.e. prescribed terms)

But any other term of the agreement can be recorded either in the signature document or in another document referred to in it.

 

Regards, Pam

 

Ah ha, so just them producing agreement doesn't mean they can enforce it? They have to proved everything in order to satisfy with the request?

 

If they do provide everyhting even after ommiting an offence then they can enforce the agreement - without having to go to court.

 

If they only provide the agreement but no seperate terms and conditiond, then they can only enforce it by going to court?

 

Got it, thank you!! :)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Ah ha, so just them producing agreement doesn't mean they can enforce it? They have to proved everything in order to satisfy with the request?

Yes, every term that must be included in an agreement is

that agreement - whether it is on the signature doc. or a separate doc./leaflet - both pieces make up the complete agreement

If they do provide everyhting even after ommiting an offence then they can enforce the agreement - without having to go to court. Yes, but would they want to, having become criminals? :D

 

If they only provide the agreement but no seperate terms and conditiond, then they can only enforce it by going to court? No, if the signature doc. does not contain all of the required terms then if they don't send the rest of the agreement (separate T&Cs) they have not complied with the CCA request and may not enforce the agreement.

 

Got it, thank you!! :)

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Banks to Face MP's Probe

 

Banks are to be investigated by MR's amid allegations of profiteering, rip-offs and threats to impose annual fees on current accounts.

 

The powerful treasury select committee has announced an inquiry in the wake of figures showing the eight biggest names made more that £40 billion last year.

 

MP's are concerned the banks may be operating a complex cartel which guarantees huge profits, rather than competing on prices and value.

 

it has also emerged recently that banks have been making millions of pounds from illegal and unfair penalty charges.

 

At the moment, the banks are regulated by a voluntary code, headed by the Banking Code Standards Board.

 

However, MP's will consider whether this body should be replaced by a statuatory body with legal powers.

 

Colin Breed, a LibDem member of the committee said:'They may well rue the day when they decided to be greedy in terms of fees and charges.

 

'There seems to have been a sheer rush for profit, rather than recognising they have responsibilities to customers.'

This was buried on page 19 Daily Mail yesterday

 

OVERDRAWN, OVERCHARGED, OVER THERE!

 

Congress takes on credit cards.

Confused by multiple interest rates on your credit cards? Not sure how much your cards charge in late fees? Frustrated by credit card companies that seem to change their policies at will, putting the burden on you to opt out of the changes?

If so, there's good news--Congress appears to be on your side. On Wednesday the Senate Permanent Subcommittee on Investigations holds the first of several hearings to examine business practices of the credit card industry, focusing on how credit issuers apply interest rates and other fees. Representatives from Bank of America , Chase Bank USA and Citigroup will testify in front of the panel, chaired by U.S. Sen. Carl Levin (D-Mich.).

According to Levin, many credit lenders engage in practices that are "unfair or abusive"--such as charging interest on balances that have already been paid--that are too complex for the average consumer to understand. "We're going to do our very best to bring these abuses to the light of day," he says, noting that credit card companies have the highest profits in the commercial banking industry.

In the coming months, Levin and subcommittee ranking member Norm Coleman (R-Minn.) are expected to work closely with the Senate Committee on Banking, Housing and Urban Affairs, which has jurisdiction over banking legislation, to craft a bill that provides more protection to consumers. Banking Committee Chairman Christopher Dodd (D-Conn.) has been highly critical of abusive behavior by credit lenders, saying recently that legislators in both parties are concerned about companies' "profiteering at the expense of people who can least afford it."

Levin, in particular, says he wants to see lenders end the common practice of charging consumers compound interest for average daily balances, even if those balances have been paid on time. In addition, he wants banks to stop charging repeated "over-the-limit" fees beyond the month in which a consumer charged above the card's limit.

Wednesday's hearing stems from an investigation of the credit card industry completed in September by the Government Accountability Office (GAO), the auditing arm of Congress. That study found that the amount of U.S. consumers charged to their credit cards annually ballooned from about $69 billion in 1980 to $1.8 trillion in 2005. It also noted that while interest rates on cards have fallen since about 1990, in recent years major lenders' disclosures about the costs associated with their cards often "buried important information in text, failed to group and label related material, and used small typefaces"--thus vexing, often bewildering, consumers.

"A big part of the issue here is disclosure that people understand in a clear and simple way," says Coleman. "The bottom line is that there has been a lot of growth in this area, and clearly folks have stepped over the line … I think what you're going to see is a lot of [companies] stepping back, and I think that's a good thing."

At least one company, Chase, apparently already stepped back after it discovered that one of its customers, Wesley Wannemacher, will be a key witness at Wednesday's hearing. In 2001, Wannemacher charged $3,200 on his Chase card to pay for his wedding. During the next six years, he paid $4,900 in interest charges, $1,500 in over-the-limit charges, and $1,100 in late fees--for a total of $10,700. As of last month, he still owed $4,400 on the card. After finding that Wannemacher will testify Wednesday, Chase reportedly waived the remaining balance on the card.

"The fact that the company has waived the balance, it seems to me, is an indication of their embarrassment," says Levin. Chase acknowledges that it closed Wannemacher’s account after his situation was brought to the company’s attention by Senate staff. “We quickly recognized that we made a mistake, and we want to do the right thing for our customer,” says Paul Hartwick, a spokesman for Chase Card Services, in an e-mailed statement. “After analyzing the situation, we realized he had made enough payments to satisfy his settlement offer.”

The credit card industry has among the lightest regulation in the nation, and lawmakers appear ready to give federal regulators more power to tame companies' lending policies if necessary. But they are also hoping that by working with the largest credit issuers, such as Citigroup, Chase Card Services, MBNA America, Bank of America and Capital One Financial, that a change in industry practices will have a trickle down effect to smaller lenders.

Nonetheless, the industry itself seems to realize that it is under intense scrutiny. Last week, Citi, a subsidiary of Citigroup, announced that it would end a widespread industry practice of increasing interest rates on their cards for customers that have defaulted on other credit obligations, a practice known as "universal default." The company also agreed to end another common practice, increasing its customers' rates and fees at "any time for any reason." This week, Chase also launched a new initiative to help consumers better understand their accounts. It includes e-mail alerts to remind customers when their payments are due and payment calculators to show customers how their payments affect their balances.

Dodd welcomed the news but added that credit card companies' practices still need to be examined for potential abuses by lenders because "a number of practices within the credit card industry have in many cases weakened rather than strengthened consumers’ financial well being…."

And a cluster of consumer groups--including the National Consumer Law Center, U.S. PIRG and Consumer Action--earlier this year banded together to call for an end to what they describe as "deceptive and unjust terms." They want, among other things, an end to the practice of retroactive rate increases (essentially applying higher interest rates to existing balances), mandatory arbitration clauses, which prevent consumers from taking companies to court, and an end to universal default.

From a consumer's standpoint, none of these seem like unreasonable requests

I watched a CEO of a US Credit Card Company apologise to a Congressional Comittee during a report on ABC World News (BBC News 24) last night. I thought I had dreamt it until I found the above reference, the actual news item having disappeared from ABC's website.

Interesting, insofar as it refers to the usual suspects!

Els

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Pam

 

If you have an agreement, on two pages, where the pages are different sizes and there are discrepancies between them, and neither contain all of the prescribed items and there is nothing to link the two pages (like an ID number etc) then the agreement is surely void. Could you PM me with your email address please, I'll send it to you for an opinion.

 

Thanks

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OVERDRAWN, OVERCHARGED, OVER THERE!

 

Congress takes on credit cards.

 

Confused by multiple interest rates on your credit cards? Not sure how much your cards charge in late fees? Frustrated by credit card companies that seem to change their policies at will, putting the burden on you to opt out of the changes?

If so, there's good news--Congress appears to be on your side. On Wednesday the Senate Permanent Subcommittee on Investigations holds the first of several hearings to examine business practices of the credit card industry, focusing on how credit issuers apply interest rates and other fees. Representatives from Bank of America, Chase Bank USA and Citigroup will testify in front of the panel, chaired by U.S. Sen. Carl Levin (D-Mich.).

According to Levin, many credit lenders engage in practices that are "unfair or abusive"--such as charging interest on balances that have already been paid--that are too complex for the average consumer to understand. "We're going to do our very best to bring these abuses to the light of day," he says, noting that credit card companies have the highest profits in the commercial banking industry.

In the coming months, Levin and subcommittee ranking member Norm Coleman (R-Minn.) are expected to work closely with the Senate Committee on Banking, Housing and Urban Affairs, which has jurisdiction over banking legislation, to craft a bill that provides more protection to consumers. Banking Committee Chairman Christopher Dodd (D-Conn.) has been highly critical of abusive behavior by credit lenders, saying recently that legislators in both parties are concerned about companies' "profiteering at the expense of people who can least afford it."

Levin, in particular, says he wants to see lenders end the common practice of charging consumers compound interest for average daily balances, even if those balances have been paid on time. In addition, he wants banks to stop charging repeated "over-the-limit" fees beyond the month in which a consumer charged above the card's limit.

Wednesday's hearing stems from an investigation of the credit card industry completed in September by the Government Accountability Office (GAO), the auditing arm of Congress. That study found that the amount of U.S. consumers charged to their credit cards annually ballooned from about $69 billion in 1980 to $1.8 trillion in 2005. It also noted that while interest rates on cards have fallen since about 1990, in recent years major lenders' disclosures about the costs associated with their cards often "buried important information in text, failed to group and label related material, and used small typefaces"--thus vexing, often bewildering, consumers.

"A big part of the issue here is disclosure that people understand in a clear and simple way," says Coleman. "The bottom line is that there has been a lot of growth in this area, and clearly folks have stepped over the line … I think what you're going to see is a lot of [companies] stepping back, and I think that's a good thing."

At least one company, Chase, apparently already stepped back after it discovered that one of its customers, Wesley Wannemacher, will be a key witness at Wednesday's hearing. In 2001, Wannemacher charged $3,200 on his Chase card to pay for his wedding. During the next six years, he paid $4,900 in interest charges, $1,500 in over-the-limit charges, and $1,100 in late fees--for a total of $10,700. As of last month, he still owed $4,400 on the card. After finding that Wannemacher will testify Wednesday, Chase reportedly waived the remaining balance on the card.

"The fact that the company has waived the balance, it seems to me, is an indication of their embarrassment," says Levin. Chase acknowledges that it closed Wannemacher’s account after his situation was brought to the company’s attention by Senate staff. “We quickly recognized that we made a mistake, and we want to do the right thing for our customer,” says Paul Hartwick, a spokesman for Chase Card Services, in an e-mailed statement. “After analyzing the situation, we realized he had made enough payments to satisfy his settlement offer.”

The credit card industry has among the lightest regulation in the nation, and lawmakers appear ready to give federal regulators more power to tame companies' lending policies if necessary. But they are also hoping that by working with the largest credit issuers, such as Citigroup, Chase Card Services, MBNA America, Bank of America and Capital One Financial, that a change in industry practices will have a trickle down effect to smaller lenders.

Nonetheless, the industry itself seems to realize that it is under intense scrutiny. Last week, Citi, a subsidiary of Citigroup, announced that it would end a widespread industry practice of increasing interest rates on their cards for customers that have defaulted on other credit obligations, a practice known as "universal default." The company also agreed to end another common practice, increasing its customers' rates and fees at "any time for any reason." This week, Chase also launched a new initiative to help consumers better understand their accounts. It includes e-mail alerts to remind customers when their payments are due and payment calculators to show customers how their payments affect their balances.

Dodd welcomed the news but added that credit card companies' practices still need to be examined for potential abuses by lenders because "a number of practices within the credit card industry have in many cases weakened rather than strengthened consumers’ financial well being…."

And a cluster of consumer groups--including the National Consumer Law Center, U.S. PIRG and Consumer Action--earlier this year banded together to call for an end to what they describe as "deceptive and unjust terms." They want, among other things, an end to the practice of retroactive rate increases (essentially applying higher interest rates to existing balances), mandatory arbitration clauses, which prevent consumers from taking companies to court, and an end to universal default.

From a consumer's standpoint, none of these seem like unreasonable requests

 

I watched a CEO of a US Credit Card Company apologise to a Congressional Comittee during a report on ABC World News (BBC News 24) last night. I thought I had dreamt it until I found the above reference, the actual news item having disappeared from ABC's website.

 

Interesting, insofar as it refers to the usual suspects!

 

Els

 

 

TRUST ME THE AMERICANS GET A FAR worse deal than us scrapitall one is the best offender quite often not even sending out statements the british have a lot to learn from them WHY DO YOU THINK SCRAPITALL CAME TO THE UK

 

 

Providian Credit Card Class Action

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We can hope Elsinore

 

BA - there's been a couple of occasions when I wanted to pm you but you arent taking pm messages.

 

Would it be possible for you to pm me your email address?

 

ta

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2005537030745242624_rs.jpg

 

 

CAPITAL ONE IS CONFUSING ME AS TO WHEN IT WAS FORMED

 

IT USED TO SAY ON THEIR WEBSITE "STARTED AS AN INDEPENDANT COMPANY IN 1995" - SEE ABOVE ---SEE THE SCAN FROM 2003 ---

 

PLEASE EXPLAIN THIS IS VERY CONFUSING

 

 

 

The Capital One Group is a top ten credit card issuer in both the UK and United States, with more than $146 billion in managed loans and approximately 50 million world-wide customers, serviced by approximately 32,000 employees. In 1996 Capital One launched its first overseas operation in the UK where the UK bank currently offers Visa and MasterCard credit cards to UK customers.

Focus on innovation

Capital One's culture encourages innovation and entrepreneurialism. This can be evidenced by the introduction in 1992 of 'balance transfer' concept, allowing credit cardholders to move their balances to Capital One at more favourable interest rates. The strategy revolutionised the U.S. card market and brought lower rates for millions of customers. This has helped Capital One grow from one million customers at the end of 1990 SEE ABOVE OOPSSS ) to approximately 50 million to date.

One of the best workplaces in the UK

In December 1997 Capital One indicated its long-term commitment to the UK and European markets by establishing £30m Operations Centre in Nottingham, East Midlands, creating up to 1200 jobs. The centre performs a number of business functions including application processing, customer service, product design and marketing, card issuing, collections, business development and database management. In June 2000, the company announced the creation of an additional 1,000 jobs in a new facility adjoining its European operations centre, in Nottingham. This has now brought Capital One's UK workforce to more than 2,000. The Bank has won numerous industry awards for its products and services as well as accolades for its consistent work within the communities in which it operates

 

 

Information about Capital One

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Am I the only one noticing the references to the US and the dollar signs on that scan?

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Am I the only one noticing the references to the US and the dollar signs on that scan?

 

YES IT WAS IN THE USA ... SUDDENLY ALL TRACE OF THIS CASE ALMOST DISAPPEARED FROM THE INTERNET A FEW YEARS AGO

 

YOU FIND BITS HERE AND THERE

 

 

CAPITAL ONE: SEC Files DC Securities Suit V. Ex-CEO David Willey

----------------------------------------------------------------

The Securities and Exchange Commission filed a complaint on July

26 in the U.S. District Court for the District of Columbia

alleging David M. Willey, former Chief Financial Officer of

Capital One Financial Corporation, engaged in insider trading in

the securities of Capital One. According to the complaint, the

examiner in charge of the Federal Reserve Board of Governors'

examination of Capital One advised Willey that the Fed was

likely to downgrade Capital One's supervisory assessment, and

that such a downgrade would result in some form of supervisory

action. Without informing other members of senior management or

the Capital One Board of Directors of this material information,

Willey engaged in a series of transactions in Capital One stock

in May 2002 and obtained profits in stock and cash through his

fraudulent trading valued at several million dollars. In

addition, the Commission's complaint alleges that Willey filed a

Form 4 disclosure statement with the Commission that failed to

report two of his May 2002 options exercises totaling 46,800

shares.

 

The Commission is seeking a permanent injunction, disgorgement

with prejudgment interest, an officer/director bar, and a civil

penalty against David M. Willey for violating Sections 10(b) and

16(a) of the Securities Exchange Act of 1934 and Rules 10b-5 and

16a-3 thereunder. The Commission's complaint also alleges that

Willey's wife, Joy S. Willey, is unjustly enriched because some

of the insider trading proceeds are in her possession.

Accordingly, the Commission is suing her as a Relief Defendant

to recover this unjust enrichment. The action is titled, SEC v.

David M. Willey and Joy S. Willey, Civil Action No. 1:04-CV-

01243, D.D.C.] (LR-18794)

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You're losing me. What's that got to do with Capital One North America being started in 1995 and Capital One Bank in Europe starting up originally in 1988?

 

Careful with accusing multi-billion companies of lying unless you're prepared to back it up.

 

PS, if you look towards the left hand side of youre keyboard, you'll find a button labelled "CAPS LOCK". Press it, and you should notice a light go out on the keyboard. Then, and only then, start typing again.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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I agree with migraine (oops sorry meagain:D ).

 

You'll find that Capital One has been around for MUCH longer than both, the Europe and North America branches sound like the results of restructuring. Oh, and when have you ever known the Americans to refer to anything they have as not 'World'? Before 1995 the US side of the pond, Cap1 was probably called 'Capital One Supreme Overlords of the Universe' Bank, and the European offshoot called Europe, therefore to stop the Americans sounding like pompus twonks, they reshuffled and renamed it. And you wonder why the yanks have such bad PR?

 

.....

 

OK, I've researched it and I can't find anything else stated earlier than 1995, so who knows? Maybe they are misleading the public with their age? But you can bet they'll be able to come up with some tenuous angle that they are allowed to quote different dates as the age of the water in the mop buckets in one of the offices out near Lake Michegan is actually from whatever period they want it to be, and therefore they can state that year quite correctly (or do I just have a cynical view of the US legal system, which is where our legal system may well end up in 10 to 20 years especially with the influence of sites like CAG - oh, don't get me wrong, not all aspects of US law are bad, only parts of it!).

 

Anyway, please accept my migraine joke in good stead, it wasn't meant to be deflamatory or derogatory or anything like that, it was meant to be a joke

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Lieff Cabraser has taken a leading role representing credit card holders in consumer protection lawsuits against several major credit card companies, including Providian, Capital One, Direct Merchants and Fleet, for unfair and deceptive business practices.

 

Lieff Cabraser: Consumer Law Newsletter Issue No. 3

 

Effect of $300 Million Settlement in

Providian Credit Card Litigation

On behalf of a group of cardholders and with co-counsel, Lieff Cabraser filed a lawsuit in 1999 against Providian Financial Corporation, and other Providian companies, concerning their credit card practices. In June 2000, Providian agreed to pay an estimated $300 million to settle charges by federal and state officials that the credit card company deceived customers about its rates and fees.After reviewing the settlement, Lieff Cabraser partner Kelly Dermody observed, "The settlement is a good start. However, it does not address the full range of Providian's aggressive sales tactics and marketing campaigns." In particular, the settlement does not address claims by Providian cardholders who have been assessed unreasonable fees on credit-line increases, charged exorbitant rates for Credit Protection or automatically enrolled in other services and programs, such as PricePro and DrivePro, without their express prior approval.Accordingly, on behalf of cardholders, Lieff Cabraser is continuing to prosecute private consumer protection lawsuits against Providian. If you would like further information on the case or have been subjected to any of the alleged misconduct by Providian that the settlement with the federal and state officials does not address, please contact Lieff Cabraser.

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You're losing me. What's that got to do with Capital One North America being started in 1995 and Capital One Bank in Europe starting up originally in 1988?

 

Careful with accusing multi-billion companies of lying unless you're prepared to back it up.

 

PS, if you look towards the left hand side of youre keyboard, you'll find a button labelled "CAPS LOCK". Press it, and you should notice a light go out on the keyboard. Then, and only then, start typing again.

 

 

THANKS these are the words that were expressed on the website of capitalone !!! they should know ??? they wrote it.

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You're losing me. What's that got to do with Capital One North America being started in 1995 and Capital One Bank in Europe starting up originally in 1988?

 

Careful with accusing multi-billion companies of lying unless you're prepared to back it up.

 

PS, if you look towards the left hand side of youre keyboard, you'll find a button labelled "CAPS LOCK". Press it, and you should notice a light go out on the keyboard. Then, and only then, start typing again.

 

 

caps lock off ! how come you know so much about them ???

so quick and knowledgable with the response .

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THANKS these are the words that were expressed on the website of capitalone !!! they should know ??? they wrote it.

 

Having looked further into it, it appears that Capital One was founded in 1988, in the US. They spun off part of their operation into an independent company in 1995. This doesn't suggest to me that they are lying, but rather that their copy writers were awful. Now, for the dishwasher, what does Cap1 being almost 20 years old have to do with the CCA?

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Having looked further into it, it appears that Capital One was founded in 1988, in the US. They spun off part of their operation into an independent company in 1995. This doesn't suggest to me that they are lying, but rather that their copy writers were awful. Now, for the dishwasher, what does Cap1 being almost 20 years old have to do with the CCA?

 

 

with respect was it elsinore who quite rightly posted info regarding the american angle of tightening regulations etc ......

 

It was considered in the public interest to show practical documentation that was available freely on the internet some years ago and is recorded "formally" in "the library" we have only reproduced what was freely available. On inspecting the second document (scanned) it was considered by comparing with the current statements currently on line a "difference" accordingly it was considered in the public interest to highlight the "apparent differences" . If this has cause offence it is regretted.

 

The conclusion is that here in the UK we get a far better deal than those in our "former colonies"

 

sk

 

A big lender's credit card trap - MSN Money

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