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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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Wils V Capital One ** WON **


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Account closed and defaulted in 2003. S.A.R sent 28th Sept awaiting their response!

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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  • 4 weeks later...
  • Replies 57
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Sent statements for my brothers account instead of mine and he hasnt even made a S.A.R. I'm not very pleased

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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really?? Aren't they PLONKERS?? :?::rolleyes:

 

What was it your brothers statements addressed to you? OR his own statements addressed to him?

 

You could phone and tell them what they did - maybe they'll push your request to front of pile and do them ASAP sort of thing - maybe they'll get it right then?? :lol:

 

Or write to them saying what they did - and then help your brother file his claim ha ha ha :lol:

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it was his own statements addressed to him. Two letters sent off to capital one by recorded on saturday. One from me citing the mistake they have made and the other from my brother (prelim request for repayment!!!)

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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Naughty aren't they?? Blunders at these places never cease to amaze me!!

 

Never mind though - looks like they got a BOGOF - two claims off them for the price of one? ha ha ha ha Cause your brothers claim has gone in now too - kind of serves them right? their mistake is costing them the two claims now ?:0)

 

Goodluck I hope your statements arrive soon for you to start your claim!! I hope you & your brother win loads of money back!!

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  • 2 weeks later...

thanks elizabeth finally got my staments this on saturday. charges add up to £633!!! At one point I owed them over £700 and the credit limit was only £200 truly shocking. Prelim will be sent later on today, will have to trawl through the other threads about getting the default removed

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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just a quick question, date of my first charge is aug 2000, i take it i cant claim that. does the 6 years go back from when i originally made the s.a.r?? (27th sept 2006)

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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I'm not entirely sure whether the 6 years begins at date you file your claim or like you say when you request data in SAR.

 

What I did read is there is some discussion for looking at older charges where - you could post a new thread asking this question - because some people are going after older charges etc.. - you may get some helpful answers/advice.

 

Goodluck

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thanks elizabeth, went through the faq and found this thread that helped

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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Hey - so glad you found that - I must apologise - I had read so much stuff and had seen this topic somewhere I was in danger of pointing you in the wrong direction had I tried guess where I had read it. (I didn't want to do that to you!!)

 

Good luck I hope you get it all back - I have older stuff on an account that I shall be looking at soon so I will see how people go with it as I am sure there are a couple of threads where people are trying this!!

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  • 2 weeks later...

Ordered a copy of my credit file from equifax in preparation for my claim. It shows a default with capital one dated January 2003 for £702.

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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No response from crap one so far, didnt realise 2 weeks was up last Friday. L.b.a will be sent tommorow

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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That's right stick to your timetable - don't worry that you didn't get a reply (basically they've had opportunity to reply so their problem??)

 

I reckon that word is getting around about this stuff now and complaints/requests are piling up on the Comapnies desks now - so perhaps they have had their hands full wondering how to postpone dealing with peoples requests??

 

There were a lot of reports today about this stuff - so I should imagine over the next few weeks they'll have a lot more complaints/requests to be dealing with?? (today reports in newspapers and something on TV BBC2 at 10pm about it all) - so don't worry that you didn't hear from your letter - just keep in mind you were right and these companies were wrong!! Stick with your timetable and you'll get your money back :D

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Guest willowb
. One from me citing the mistake they have made and the other from my brother (prelim request for repayment!!!)

Priceless!:D

 

Looks like you have everything under control here as regards the default removal, you included it in your LBA I take it?

 

And don't forget to include it in your POC, fill in the N1 form rather than go down the MCOL route.....there's more room that way to include the request for the default removal.

 

Wxxx

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Priceless!:D

 

Looks like you have everything under control here as regards the default removal, you included it in your LBA I take it?

 

And don't forget to include it in your POC, fill in the N1 form rather than go down the MCOL route.....there's more room that way to include the request for the default removal.

 

Wxxx

thanks willow, default removal was included in my L.B.A. n1 claim to be filed 27th Dec!!

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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  • 3 weeks later...

Havnet been able to file my N1 because of xmas period but to my suprise there was a letter from Mr Udy offering £189 as a goodwill gesture. No mention of default removal but he then states that as i only partially settled my account with them ( I was offered a deal to some of what I owed and was told it was a full and final settlement:mad: ) that £147 was outstanding to them. If i agree to settle i will receive a check for £41 and they will let the credit reference agencies know the account has been fully settled. They can take a running jump!

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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  • 3 weeks later...

Had to wait a while to file my N1 due to financial reasons. Sent the form off to my local county court this morning

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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  • 3 weeks later...

N1 filed and issued to Cap One last week. Now the fun begins...

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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No I didn't!!! Please post link to their thread

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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