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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.

      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
      • 162 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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The Funding Corporation unfair charge reclaim (notice of default)


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I'm after some advice

 

Back in june 2008 I purchased a car from ACF financed by TFC by way of a credit agreement linked to a Bill Of Sale.

 

A week ago I received a statement of account from TFC showing the account still had a balance of £1300 to pay

(I thought the agreement was totally paid up and the car was owned outright by me).

 

On the statement was lots of charges for late payments and 'admin' charges.

When I added them up, the charges are more than the outstanding balance by about £400!

 

TFC have now sent me a notice of default sums, and

 

my question is how do I go about reclaiming these charges?

(they vary from £10 - £250 per charge)

 

Also I'm concerned as they might try to repossess the car as it was secured by a Bill of Sale

even though the balance is made up entirely of charges.

 

I can upload a copy of the statements if it helps

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£250 for a charge????

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Please can you tell us more about the charges. What are they for? How many of them? What is the total?

What do they say about charges in their T&Cs?

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hi BF here's the breakdown (hopefully it makes sense)

 

unpaid direct debit fees £260 (£40x5, £24x1, £12x3)

default fees £180 (£10x12, £30x2)

admin fees £1060 (£250x2 one of which is the arrangement fee, £30x8, £20x1, £10x30)

reschedule fees £100 (£50x2)

Option Fee £195 (this is a credit facility fee as per their T&C's)

 

total charges = £1795

 

outstanding balance of account of most recent statement = £1406

 

 

there is also a charge on the account for 'General Insurance' of £275.

 

I have no idea what this insurance is.

 

I did purchase their Mechanical Breakdown cover which was an additional £895 charged at 44.9%APR for the 60 month loan term

(even though I was missold it as it turns out the policy only covered the car for 2 years!)

 

cheers

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you can reclaim the lot [bar poss the arrangement fee of £250]

and the option fee]

 

fill this in with each one.

 

CISheet v101.xls

 

put their int rate in cell d15

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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cheers DX :) I've used the compound interest spreadsheet you linked to, and have not included the arrangement fee or credit facility plus the unknown insurance, and the the calculation is £1370 in charges with £2751.72 compound interest. Total = £4121.72 :jaw: ....does this sound right, as I wasn't aware the charge calculation was calculated using compound interest

 

cheers

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yes its a loan ofcourse it is compounded

 

 

now lump the MCB & general insurance together and treat as PPI

 

use link 1 below and make a spreadsheet for that.

 

statint spreadsheet is at the end of link 1.

 

don't forget to enter EVERY penalty or PPI individually on their respective sheets.

on the date each payment or penalty occurred

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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have you checked the Bill of sale is registered?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX, can you post the link please as I can't see one...cheers :)

 

I've had a look at the bill of sale,

I requested a copy of the registered bill of sale a couple of years ago,

what they sent me was a photocopy of the bill of sale and a detached A4 sheet with Supreme Court stamp on it,

a six digit stamped ref number, and my account number handwritten

 

Re, the mechanical breakdown cover,

 

I should have mentioned that I made a claim in 2009 for a damaged water pump

which was paid for under the Mechanical breakdown cover,

does this invalidate a missell claim?

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darn sigs are down sri

 

if the MBC coughed

just input the figure they paid out on the date they did it [as a minus figure

then delete the resultant minus int figure in the next column.

 

Credit Reference Agencies:Experian Equifax CallCredit noddle

fed up with DCA's calling get a TRUECALL BOX!! - HERE

 

Sort Your Debts Now - -

here

 

Start Your Own Thread - HERE

 

 

1. Single Premium PPI Q&A

Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Loan, Credit Card, mortgage & CAtalogue Charges Read Here

my views are my own...seek legal advice if ness

NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone

- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.

 

 

 

 

DX

RIP Martin3030

rant.gif

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks DX :) ....I've completed both spreadsheets (penalty charges & mis-sold breakdown insurance)...I'll have a look at your reclaiming links for compiling the relevant letters.

 

will update when I hear anything from TFC....Once again thanks for your advice

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just a quick addition, I'm using the consumerwiki link for the penalty charges letter template, but noticed it refers to the simple 8% interest spreadsheet. Can you confirm which spreadsheet to use (simple 8% or compound)?

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You need to use one of the spread sheets that are in the link below..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

I think it is the 2nd spready that you require.. CISheet.

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...

penalty charges refund request sent....I'm having trouble compiling a letter for the missold mechanical breakdown insurance refund as all the template letters I find are geared solely for PPI...Can anyone help me with a suitably worded letter please?

 

Thanks in advance

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just replace PPI with MBI

 

same process

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

an update on the thread..

 

..I've had a final response letter from TFC, and they've told me to get stuffed!.

 

...it's in their opinion that the charges applied to the account and I quote

"we believe this to be a fair and reasonable reflection of our costs involved as a result of your breach of contract"...

 

..I've contacted the financial ombudsman and started a complaint as there is so much incorrect information in their letter....

 

1) The amount of charges applied is incorrect

 

2) the date of last payment is incorrect, it even disagrees with the date shown on their enclosed statement of account!)

 

3) they claim the default has been applied correctly and will not amend it with the relevant CRA's...

 

They didn't send me a relevant default notice

and certainly no linked termination of account letter!....

 

4) They claim to have made over 1000 phone calls to me charged at £0.75..

.if they had made anything like that amount I'd have complained about harassment....

 

5) they also claim that by signing the credit agreement and bill of sale initially this and again I quote "by entering into the agreement you agreed to indemnify us against all costs incurred in enforcing the agreement"..........

 

.....I'd be interested to see what CAG members thoughts are!..

 

...As I mentioned, I've raised a complaint with the FOS,

as I'm intimidated with the prospect of having to take TFC to court if 'm totally honest

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Forget FOS IMO

 

Letter before action repeating the refund of charges and interest rate

wait 14 days

Issue a claim on N1 and take it to small claims court.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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1000 phone calls @ 75p £750????

 

please upload your agreement, statements and their rejection letter with all pers details removed

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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forget the FOS on PENALTY charges

they'll never go with you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

a quick update, TFC/ACF have also turned down my claim that the Mechanical Breakdown Insurance was missold, so I guess it's time to take that to the FOS

 

Re. Penalty charges, the line from TFC is that they consider the charges fair, they have not charged any interest on them.........I have negotiated a full and final of £350 with them, and to be honest am inclined to go ahead with it as the thought of starting court proceedings fills me with dread!......as always though, any advice would be much appreciated!

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