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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
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      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.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Birmingham Midshires ERC ***WON***


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we were with Birmingham midshires mortgages until about 3 years ago.We had just changed to a fixed rate mortgage,and circumstances changed quickly in that after about 2 months,we had to move.Sold the house and BM hit us with a rather stiff penalty for clearing the mortgage.

 

 

We built our own house,and didn't use the BM.

 

I have written a letter asking for the redemption statment,and when I get that I am asking for a breakdown of how the penalties added up,and if it's dodgy-and it probably is-I'm going to ask for them back.We're talking a decent 4 figure sum here....

 

In for a penny,in for a couple of grand!!

;)

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please keep us posted

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When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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I'm not planning to hijack this thread (i've got my own - http://www.consumeractiongroup.co.uk/forum/showthread.php?p=71080#post71080)

 

but I wondered if this is a similar situation to endowments. I've just been told that there will be a FIVE THOUSAND POUND "early encashment PENALTY".

 

Any ideas if this is reclaimable? Answers on my thread please!!

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

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

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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I also got hit with a large amount of early repayment charge from Birm Midshires a couple of years ago. The thing is it amounts to over £5K so that would rule it out as a small claim.

 

I will be watching this thread with great interest.

 

Go get 'em!

 

Tigertree

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  • 4 weeks later...

Out of interest how long did they take to reply? I sent a SAR to BM on 25th May, delivered on 31st May - but not even an acknowledgement back as yet.

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Thanks for the info. Might send them a reminder in a few days.. haven't seen a form or anything.

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today,with one day to go on the Data Protection Act deadline,I received a load of paperwork via recorded delivery with all the details I requested.

 

There are several penalty fees for returned direct debits etc,and all under the title "Assess Fee" amounting mostly to £25 each and interestingly,one for £2989(called a "switching fee" on the statement!!)....and the most interesting,a penalty of £3250 for early redemption of the mortgage.

 

This all adds up to a figure of £6768,if I am correct.....

 

ALSO-AND QUITE WORRYINGLY

Birmingham Midshires included in my information a copy of a solicitors letter in connection with the sale of someone else's property,with their account number plain to be seen with their full name and address!!

 

I believe I am right in thinking that this is a serious breach of the Data Protection Act-anyone know what consequences this could potentially have for BM,and could it be subtly mentioned in correspondence in order to loosen their pursestrings a bit more quickly?

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This morning I got my information from Birmingham Midshires-but very worryingly they included a copy of a solicitors letter in connection with someone else's house sale from here in Northern Ireland,with their full address and account number plain to be seen,and on another page of fax copy from BM to another solicitor in the UK,my account number and name,and their account number and name are written on it in pen!!!

 

I do not know the other people whatsoever,and I am beginning to get really angry here....

 

could I use this to get what I want (nearly £7K in charges and early redemption fees)any quicker?.

 

I think BM could be in big trouble here-am I correct?

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I believe I am right in thinking that this is a serious breach of the Data Protection Act-anyone know what consequences this could potentially have for BM,and could it be subtly mentioned in correspondence in order to loosen their pursestrings a bit more quickly?

 

Well..

 

Data Protection Act 1998 s55 says:

 

55. - (1) A person must not knowingly or recklessly, without the consent of the data controller-

(a) obtain or disclose personal data or the information contained in personal data, or

(b) procure the disclosure to another person of the information contained in personal data.

 

 

(3) A person who contravenes subsection (1) is guilty of an offence.

(4) A person who sells personal data is guilty of an offence if he has obtained the data in contravention of subsection (1).

 

Not sure if that helps?

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There are several penalty fees for returned direct debits etc,and all under the title "Assess Fee" amounting mostly to £25 each and interestingly,one for £2989(called a "switching fee" on the statement!!)....and the most interesting,a penalty of £3250 for early redemption of the mortgage.

 

Switching fee and early redemption? Blimey. So you've effectively got two charges for redemption - one for switching from one product to another, and one for terminating the product you switched to?

 

FYI (and no, not hijacking this thread - just thought it'd help) my redemption statement contains, amongst other things, these entries:

 

- Late payment interest charged

- Miscellaneous feeds

- Early repayment charge

- Vacating fee

 

Those four add up to just over £5k. Madness isn't it?

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IT IS BONKERS MATE!!

 

I am hoping that this could be the key to a very speedy settlement.Here's hoping that you get something like this as well-examine all paperwork very closely.I couldn't believe my eyes when I was looking at someone else's name,address and account number....

 

and 2 large fees-what a stroke of luck!!!

 

Phase 2 intitiating-Warp 9, Mr Sulu..... :)

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Sort of related.. when I had dealings with Egg a while back they managed to staple a whole raft of info to some correspondence. There was a covering letter to Northampton County Court requesting judgement on a case, and attached to that someones income and outgoings questionnaire (can't remember the exact legal term for it, brains not working this morning!). Knew their name, address, phone number, job, income, how many kids, personal circumstances, etc.. scary.

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did you confront them?This could be a very big stick to beat any offending parties with.

 

And I'll tell you something else-when I read through the solicitor's correspondence to BM,the level of total incompetence on their part(BM) beggars belief

 

3 months after the new people moved into our old house when we sold it,BM still had not removed their charge from it,and my solicitor was VERY irate about it.Amongst other things of course.....

 

they aren't infallible after all.... :rolleyes:

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did you confront them?This could be a very big stick to beat any offending parties with.

 

Yep, they asked for it back. I told them they'd have to come collect it or pay for my time and postage if they wanted it. It was all a bit complicated at the time so didn't do much more to fight them, but what comes around goes around as they say..

 

3 months after the new people moved into our old house when we sold it,BM still had not removed their charge from it,and my solicitor was VERY irate about it.Amongst other things of course.....

 

Until not that long ago, most of the CRAs showed that I'd defaulted on my mortgage over a year ago and it was still outstanding. Quite impressive considering it was settled over six months ago :)

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Wow, two in one day, the banks are getting sloppy

 

See HERE for the other one and HERE for what to do.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

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Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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It seems that BM might be just a bit rattled....

 

got a letter back already from Kate Cartwright,Senior Compliance Officer

 

thank you for your letter of 15 July 2006.I am very sorry that you found corespondence in my response to your subject acces request that did not relate to you.I can assure you that both I and my colleagues are aware of the seriousness of this incident,and I would therefore ask that you return the said document to me in the enclosed envelope so that I can investigate how this happened and ensure that our processes are reviewed to ensure that this does not happen in the future.

 

All documents are checked before they are sent out,but obviously in this case human error has allowed an incorrect document to ne sent out to you.

 

Once again,please accept my sincere apologies and I look forward to hearing from you shortly.

 

 

Yeah,right-do they think I'm stupid or something?I'm holding onto this-it may come in very useful!!

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