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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
      • 160 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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Letter received from crap one today offering full amount but no mention of default removal. they cant have read my claim properly, lol. says they will send a cheque within 14 days and will file of defence on the basis that they have settled with me. Like im gonna take that lying down, lol

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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Am following behind you black, sent my LBA this week asking for removal of default as well - so am sure they will do same to me, from reading Smel V C1 thread it shows it is possible but takes time - will be watching closely, good luck.

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Letter received from crap one today offering full amount but no mention of default removal. they cant have read my claim properly, lol. says they will send a cheque within 14 days and will file of defence on the basis that they have settled with me. Like im gonna take that lying down, lol

 

See here: http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html

 

Post #200 for a response letter.

 

HTH

 

Tanz

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Thanks Tanz if it's ok with you can i also use the letter in post #242 to notify the court about this.

 

Thanks!!

 

 

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

Link to post
Share on other sites

Thanks doo

 

Am following behind you black, sent my LBA this week asking for removal of default as well - so am sure they will do same to me, from reading Smel V C1 thread it shows it is possible but takes time - will be watching closely, good luck.

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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Share on other sites

Have amended it slighty. The default was for £702, just want make sure i have calculated it the right way by taking the charges away from the default (£702default - 633charges) to leave a balance of £69. Let me know what you think

Graham Daley

Executive Office

Capital One Bank (Europe) plc

PO Box 5281

Nottingham

NG2 3HX

 

26th February 2007

 

Re: County Court Claim number ****

 

Dear Mr Daley

 

I write in response to your ‘settlement offer’ letter dated 21st February 2007 and acknowledge receipt of this.

 

I would like to point out that your ‘offer’ has failed to address the fact that I requested removal of the default, which was entered inaccurately onto my credit file. Please refer to the particulars of my claim and my letters of 22nd November 2006 and 13 December 2006. My claim is in 2 parts and they are intrinsically linked.

I thank you for your attempted settlement, but since you are unwilling to see the correlation between the unlawful charges imposed on my account and the subsequent default notice, I must inform you that I do not agree to the settlement offered and my claim will continue through the courts.

 

I am confident of my position and believe that I will be able to show a Judge that I was never lawfully indebted to you by the amount that is shown on the default register, or at all.

 

At the time of the default notice, you had imposed £633.00 in unlawful penalties. By offsetting this amount against the actual balance of the account, my financial position would have been only £69.00 – thus the information passed to Credit Reference Agencies was inaccurate.

 

Whilst you are attempting to persuade me that those charges were not unlawful, I would remind you that I am fully convinced that they are. It is a County Court Judge that you will need to convince otherwise.

 

Clearly I have no power to stop you from sending me a cheque, but I wish to make it perfectly clear to you that your actions should not be interpreted as an agreement on my part and this cheque will not be cashed. If I receive any monies directly from your organisation in relation to this settlement offer then they will be returned immediately.

 

 

 

Should you wish to review your position with regard to removing the default from my credit files then I would be more than happy to enter into further discussion with you in the hope that you might avoid wasting the court’s valuable time.

 

I should also clarify that you have failed to include the daily rate of interest accruing since the date of claim, which is £0.20p per day.

 

I trust that this clarifies my position.

 

 

Yours faithfully

 

 

 

 

****

Enc:

Copy of preliminary request dated 22 Nov 2006

Copy of letter before action dated 13 Dec 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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Hi Tanz

 

 

The letter I received from them on Friday was an offer for the full amount plus court costs and interest. Daily rate of interest and default removal not included

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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Cheers Tanz!! Off to the post office now to send them. Looks like they are getting inuandated with claims seeing as they couldnt even be bothered to read mine properly!!

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

Link to post
Share on other sites

  • 2 weeks later...

Crap one ignored my previous letter and still sent the cheque. I have crossed the cheque out and sent it back to them with a short note telling them to refer to my previous letter!

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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Share on other sites

Thanks guys, i'm sure they will get the message eventually!

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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Share on other sites

  • 3 weeks later...

Doo

 

Haven't heard anything since I rejected their offer and returned the cheque!

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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Share on other sites

Hopefully you will soon then, its been a while, heard of another default removal yesterday from cap one 'notty' he has put a post on Tanz's thread so hang in there. I managed to get mine removed before court action but had to delay putting in N1 until it was confirmed so am going to court to put claim in tomorrow.

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Letter recieved today from Capital One today stating that they will contact all the credit ref agencies and the default will be removed within the next 48 hours. Fantastic what a result!!!!!!!!!!

 

p.s No mention of refund of charges in the letter though

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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Share on other sites

How fantastic, just make sure they also remove all the negative info ie the months behind in the status brackets as I found when they removed mine negative info was still showing but now hopefully it is being sorted. Hopefully will get your refund soon too.

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Thanks doo. The account was closed in 2003 so im not sure there will be any negative info

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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Thats good then, it's a good feeling isn't it, maybe we do make a few financial mistakes along the way but 6 years is a long time to pay for it - who is next on your list?

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