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    • If you are buying a used car – you need to read this survival guide.
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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.

      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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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barclaycard / AP Markers


yesilgozlerim
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Has this account been defaulted? Has the account been paid by you personally or has it been sold on to a debt purchaser.

 

If not defaulted it can be a problem.

 

What credit card was this?

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Then this can be challenged AP markers must not be used instead of placing a default (ICO).

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The choice is: Leave as is, or request that a default is issued from the date the AP was set up.

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Thanks Brig,

 

Can you draft me a letter please if you have time so I can send tomorrow.

 

I thought about it, and the AP started on my credit file in feb/march 2009 so if they issue it will drop off in 2015 but if I leave it, the credit file wont go until 2017 as last payment was made 2011.

 

I know both things are bad, but is it better to have a default, or AP Markers??

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In my opinion AP markers can be worse than a default. AP can remain on file once an account has been settled/closed for 6 years from closure.#

Defaults are removed after 6 years paid or not.

 

Ok here is a draft you just fill in the dates/ reference/account /card numbers.

 

The Data Controller

 

Barclaycard:

 

Ref: Barclaycard No. xxxxxxxxxxxxxx.

 

 

Sir/Madam,

 

I refer to my Barclaycard account No.xxxxxxxxxxxx, and the entries placed on credit reference files by Barclaycard showing arrangement to pay markers since date.....................:.

 

I enclose a screen print of entry for reference.

 

The arrangement to pay (AP) markers place me at a disadvantage compared to a debtor who has a defaulted account which is removed from credit files after 6 years even if the debt has not been paid.

 

The Information Commissioners Office has stated that AP markers should not be used to replace a default when an arrangement to pay is in place.

 

Given this information I request that Barclaycard place a default date on this account relevant to the date that the arrangement to pay was set up, or a default date relevant to that date of the last contractually agreed payment made by me.

 

I trust that Barclaycard will accede to this request thus relieving me of the further task of seeking advice from the ICO.

 

Best sent by recorded/signed for post, check date received.

 

This may take time to get a response.

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OK Thankyou. Do you happen to know the address for it cos according to the ICO , for Barclaycard, I get 1 Churchill place London..... but the data controller is Clydesdale financial services so do I address to the data controller, Barclaycard, or just send straight to data controller, then address....

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Barclaycard HO address will suffice it will get to the right place.

At least 14 days should be allowed.

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Please Consider making a donation to keep this site running!

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  • 1 month later...

No update as of yet. Any correspondence was going to my sisters house and that was their last address for me but theres been nothing.

 

Brig if ur around, I need a follow up letter ( but will I also need to include new address, and possibly provide proof of new address?)

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Good morning,

Yes you will need to provide up to date information if you want to get a prompt response.

 

Try this address

Barclaycard Complaints Resolution

PO Box 5402

Northampton

NN4 1ZB

 

 

 

 

date:...........:

 

 

Ref: BC account No.xxxxxxxxxxxxxxxxxx.

 

 

Sir/Madam,

 

I refer to Barclaycard account No. xxxxxxxxxxxxxxx, and my letter dated xx.xx.xxxx, to date I have not received any form of reply to this letter (copy attached).

 

Please refer this matter immediately to your data control and Credit Referencing department.

 

A prompt reply is required as Barclaycard continue to cause derogatory data to be displayed on credit reference files.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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  • 4 weeks later...
  • 2 weeks later...

The commencement date is at the moment the subject of argument, some argue that it starts from the default date, the others state it is from the breach of contract i.e. the cessation of contractually required payments, the day after the last payment ever made, which is widely accepted by DCAs and creditors.

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  • 2 months later...

UPDATE:::: Well, A bit of an update ::: After no response to either of my letters ( courtesy of Brigadier) I decided to start again and resend my original letter.

 

I got a response saying my ' complaint ' would be dealt with on or before 25th March 2014, and it come from Customer Complaints Northampton, even though i sent it to the data controller in London... I will await their response but just in case I dont get the result i would like, does anyone know any details of anyone high up in the barclaycard chain ??

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  • 3 weeks later...

Update : Got a letter from Barclaycard today who have informed that they havent managed to resolve my complaint as it is still being looked into. So if I dont hear from them in the next 4 weeks, this will make it 8 weeks.....what will my next move be??

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Hi Yes,

 

You have two choices :-

 

1. Save yourself hassle and wait for them to respond.

 

2. Be more pro-active and respond saying, "In view of the importance of this matter impacting incorrectly on my CRA files, and given the time the bank has already had to investigate and respond, I expect your considered reply within 14 days. Failing this, formal complaints will be lodged with the relevant regulatory bodies."

 

:-)

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|I understand Barclays have a considerable problem in regard to data reporting re accuracy and appropriate usage, so you will have a delay.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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