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    • Sorry just get worried that they will make my life harder than they already have lol   Bought the car around 12th Sept 2022 for £78,000 from clinkard cars. Was a 2019 Range Rover with 25k miles, £20k deposit at £750pm pcp over a 4 year period. Finance company are alphera (bmw finance) spoke to them in October 2023 about the damage my bodyshop advised me of but they told me to deal with the dealership. Paid for the repair myself as I was told the extended warranty I paid for (recommended through dealer) wouldn't cover it as it was an existing fault and not mechanical breakdown. When I got the £40k offer from the dealership they still didn't want to get involved unless I got an independent inspection done. Used Elite Forensic inspections as they seem highly rated online (more comprehensive than your average AA inspection). I just looked online for thr best inspections for customers eho hsbe alre purchased the car. Their report was super comprehensive over like 50 pages of text and photos. Comparisons to the advert photos against what the inspector saw made in clear that the damage was before I purchase it. Got the report back 10th Jan 2024 and couldn't believe that they'd picked up the level of accident the car had been in and raised an official complaint through Alphera, they couldn't come to a decision with 8 weeks so raised with FOS. Around the 7th March 2024. Small issues started within the first week of purchasing like ambient light not working on the side the car was hit and car randomly switching off completely when I'd stop at traffic lights/junctions. Dealers eventually got this sorted which I appreciate, but doesn't change the fact that they didn't check the car as well as I'd been told it had been checked and they'd sold me an accident repaired car and initially tried to say all cars have had paint due to stone chips etc. Also turns out the car had only had 1 service before I serviced the car in mid 2023 (when the service light came on the car).   So far Clinkard have had my car for nearly a month (so my wife and I hsve had yo share cars since), they've said we've taken the far to 2x garages so far to inspect it and got 1 more garage to take it to. Currently refusing to tell me what those 2 garages have said so far with the attitude of because you've gone through FOS we have to follow the correct channels and respond to the complaint through them which is quite annoying.
    • This has been playing on my mind a little so been reading. Am I right in saying that if the original debt was regulated under the CCA and below 25k they can't use HCEO? 
    • Thank you, I appreciate your response! Just written a CCA request. Will send that to Cabot tomorrow with the £1 postal order. Should I send it recorded delivery? Trying to work out the best address to send it to as there are two online addresses.
    • Definitely go with requesting a copy of the agreement. A contract taken out 20 years ago you stand a good chance of them not being able to locate a copy. Normally when they say pass to their solicitors is just a normal thermogram in getting you to respond and means nothing until an official notice of claim ( letter before action) sent.
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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.

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      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.

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      Many thanks 
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Ben&Chelle vs MBNA


chelleapps
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Hi all i'm completely new to this website, hoping someone can help me with what to do next!

 

I've sent my letter to MBNA for a list of charges, which i've received. I then wrote to ask them for the money back (just over £900) and have had an offer letter end of last week, with a 'goodwill gesture' of £400. I want to chase for the full amount so whats my next step? Is it another letter?

 

Thanks :-)

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Welcome.

 

Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later.

 

Then look at other threads in your bank’s forum, so as you know what you can expect to happen

 

You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily.

 

There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time

 

This is a self-help forum and you must be prepared to put in time and effort. It is your claim, your money and you cannot expect others to do all the work for you.

 

When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help

 

All the info to get you started is here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Good luck

 

Finally please heed the words of warning here and make sure it doesn’t happen to you:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/announcement-center-bankfodder-very-sick.html

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Thanks, but I'm not sure what you are implying by saying

 

'This is a self-help forum and you must be prepared to put in time and effort. It is your claim, your money and you cannot expect others to do all the work for you'.

 

I understand all that - only got stuck with the goodwill gesture and unfortunately don't have time to sit and read absolutely everything on the forum as am a very busy working mum. But thanks anyway!

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chelleapps,

 

Wait until 14 days since you sent the prelim letter requesting the funds back. Then send something along the lines of.

 

YOUR Street

Town

City

Postcode

 

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my 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.

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]

I require repayment in full of this money . If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Response to settlement offer.

 

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of a full and final settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered unconditionally only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

[signature]

Regards

 

 

S

 

 

Halifax PLC - £607 - SETTLED IN FULL

Halifax Card Services - £1142 - SETTLED IN FULL

 

MBNA Europe - £842 - SETTLED IN FULL + INTEREST!

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Hi chelleapps, welcome to the forum, I fully understand where Micheal is coming from - we're all busy with our lives - I think Micheal was trying to help you understand what you are taking on - you may end up in court (99% certain you won't - but you may!)

Knowledge is power - they more you know the better prepared you are.

Good luck with your claim - let us know how you get on - we all want you to succeed :D xx

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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Hi Spuddy thanks thats really helpful, i've got next letter sorted now to send tomorrow. Thanks to Redsue too I know I may end up in court and i'm prepared to go that far, I was just a bit shocked at the way Michael said it rather than what was said, if that makes sense.

 

For Michael - I did look at the other post I put on and I was advised to start my own thread which I then did here, I also private messaged the lady who answered me to thank her. Hope that clears it up.

 

Hope everyone succeeds too and i'll post back with any news

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  • 2 weeks later...

YES it really can be!

 

Rang and spoke to Colin, he offered us a full refund of £901.50, would that be acceptable. Asked about the interest and he said he would calculate it and ring back either before 5pm or tomorrow. Rang back before 5 and left message on answerphone to ring him back (I was at work) so hopefully tomorrow I will have a RESULT!!

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  • 3 weeks later...

Hmmm well so much for the 7 days!!

 

We received a letter a couple of weeks ago saying it would arrive in 10 to 14 working days. Ok I thought fair enough, but 14 days was up on Friday so husband phoned them and guess what - cheque hadn't even been issued and will now take a further 10-14 working days to arrive!!

 

Think this is perhaps a final delaying tactic from them - we've won our money back but they're going to take their time handing it over! But as long as I have the cash back for Xmas i'm happy. :rolleyes:

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