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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 
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    • 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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Sant of the S.A.R 10/12/06 and got my statements back today, £360 to claim back.

 

I'm preparing the prelim today, but there is 1 statement missing from the information I have been given. I think, based in the balances of the one before and after the missing statemtn, that there was a charge in that month.

 

Do I add it as a seperate charge and inform CO of this, or just include it in the charges spreadsheet and see what they say?

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Always try to make your claim as accurate as possible. Then it gives them less chance of wriggling out of it.

Write to them and inform them of their non- compliance. Tell them what statement(s) you are missing and ask them to supply them by reurn of post.

Remember that they do have up to 40 days to comply with a DPA SARs request.

For the sake of a few days, you will then be able to produce a bullet-proof schedule of charges.

 

Good luck.

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Have you tried ringing them and asking for the missing statement?

 

By all means, try ringing them first, but if that fails then put it in writing.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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OK Will do.

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Hi,

 

I am going to contact CO tomorrow regarding the missing information.

 

However, looking at the manual intervention bumph they sent me, there is something in there that I'm puzzled by.

 

The last statemtnt they have sent is from August 2004, when I made a BT to them from my Amex card to clear the balance. And it shows I have a credit balance of £8.76.

 

They have sent me a screen print along with the statemtns, which is of their system.

 

It basically shows that I had a credit balance, and they have performed a refund reversal. They have debited my account with £8.76 to leave me with a nil balance. This was done on 18/09/06.

 

I have not received payment of this amount as a refund, it seems they have taken it upon themselves, 2 years later, to remove this credit balance and keep it for themselves.

 

Should I mention this tomorrow when I call them, or should I include it as part of the terms of my claim. i.e. I want payment of the credit balance (£8.76)

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Hi Dori

 

Are you closing the account, because if you are they will send you a cheque if you ask them to.

 

Uk

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Hi, the account has been closed, as far as I am concerned as I have no card and have not received any statements since august 2004.

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Good ok..Call them and ask for a cheque. My partner had £157 in limbo for 6 months as a credit on her account. She asked for a cheque and it arrived 10 days later. Her account is now closed.

 

Uk

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OK, just called CO, they are going to send the missing statements tomorrow.

 

I also asked about the credit balance and what the current position is.

 

Basically the balance on the account as of today is £0.00. I asked about the £8.76 and was told that this has been removed from the account and it is not possible for me to reclaim that money as CO now deem my account closed.

 

So quite simply they have (edit) from me.

 

I will be including this amount in my request for payment, but, should I show it on the schedule of charges, or should I amend the Prelim/LBA include a request for the repayment of this amount, and also can I request intrest on this.

Moderated .. please do not use terms that may be viewed as libelous .. post has been edited for the protection of this site

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Ok, sorry for the use of that term, but I do feel they are in the wrong.

 

But, do I put the fact that I want to reclaim this money in my letter or include in the charges spreadsheet?

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Am I right that we are talking about £8.76 here?

 

What does it matter what amount is involved, they were willing to litigate against me for £50 and set a default against me for not much more.

 

The point is that they did not even send back the credit and just got rid of it. That is MY money, just as the unlawful charges are MY money, and I want it back.

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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OK,

 

Got the missing statements.

 

What worries me is that the charges are listed on the statements as -Overlimit Fees and -Late payment Fees.

 

Is this how I show them on the spreadsheet?

 

Just wondering as I read somewhere alse that by calling them 'Fees', the banks CC companies were claiming them to be non refundable as they would be classed as being part of a service.

 

Also, there is PPI on some of the statements. I cannot remember if I requested this, normally I wouldn't, but cannot remember.

 

Should I include it in my Prelim, or should I request the origional agreement (applied via internet so not sure how it would work) to see if I requested it?

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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bump

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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OK,

 

Got the missing statements.

 

What worries me is that the charges are listed on the statements as -Overlimit Fees and -Late payment Fees.

 

Is this how I show them on the spreadsheet?

 

Just wondering as I read somewhere alse that by calling them 'Fees', the banks CC companies were claiming them to be non refundable as they would be classed as being part of a service.

 

Also, there is PPI on some of the statements. I cannot remember if I requested this, normally I wouldn't, but cannot remember.

 

Should I include it in my Prelim, or should I request the origional agreement (applied via internet so not sure how it would work) to see if I requested it?

 

Also, in addition the the questions above, I was going to charge the contractual rate of interest, but looking at the statements, the interest is only charges on purchases, not on the charges. Is this correct

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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OK now I'm confused.

 

I've just been looking in the templates library and there is a letter for Credit/storecards, which is basically just the LBA, and no prelim.

 

Do I have to use the Prelim in the templates library and amend it to suit a credit card?

 

Please help!!!

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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bump

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Right, I have done the spreadsheet and I want to claim contractual interest.

 

I did the compounded and came up with a total figure of £1100 approx. (Charges £420)

 

 

Did the contractual standard and came up with a total of £880

 

The problem is, I've added up all the payments I made to Cap One, and lets not forget that the balance is clear as of July 2004, I only paid in £760 odd pound.

 

Now, if I went ahead with the figures on the spreadsheet I'd be claiming back more than I actually paid them.

 

Am I missing something here?

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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No.. That is the interest they charged you on those charges.

 

1. The original penalty charges;

2. The interest we have been charged on those penalty charges;

3. The interest that we are NOW charging the bank for taking those penalty charges from us:

4. The interest that we are NOW charging the bank for taking interest on those penalty charges from us.

 

It does add up considerably. What was your APR on the claim?

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Bump

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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No.. That is the interest they charged you on those charges.

 

1. The original penalty charges;

2. The interest we have been charged on those penalty charges;

3. The interest that we are NOW charging the bank for taking those penalty charges from us:

4. The interest that we are NOW charging the bank for taking interest on those penalty charges from us.

 

It does add up considerably. What was your APR on the claim?

 

Uk

 

Hi UK,

 

Sorry did not see your post raelier before I bumped the thread up.

 

I was unsure what rate to use, the rate on the statements was 2.207% per month, which equates to 26.484% over 12 months.

 

But from reading a couple of other posts, it seems that some are using the current rate on the CapOne website which is 34.9%, so this is what i used.

 

So what you are saying is that it does not matter that I only paid a total of £760 into the account, what I am doing is charging interest on the unlawful charges from when they were taken, until now.

 

I assume then it does not matter when the account was settled.

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Even if the account is closed, you can claim back 6 years worth of charges. Some people are trying to go back further, so we will wait and see how that goes first. The calculations on the unlawful charges from when they were taken until now is great for your spreadsheet, but don't forget the daily rate they owe you until they pay up. Some people don't bother with that as it won't fit into the Particulars on the Moneyclaim Website. If you want it then you will have to fill in the form N1 at your local court and hand that in.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Even if the account is closed, you can claim back 6 years worth of charges. Some people are trying to go back further, so we will wait and see how that goes first. The calculations on the unlawful charges from when they were taken until now is great for your spreadsheet, but don't forget the daily rate they owe you until they pay up. Some people don't bother with that as it won't fit into the Particulars on the Moneyclaim Website. If you want it then you will have to fill in the form N1 at your local court and hand that in.

 

Uk

 

Can I just ask what APR would you use?

 

26.484% or 34.9%

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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If you call and ask them what your APR (they call it EIR - effective interest rate) is, they'll give you the exact figure. I did that as I felt uncomfortable with 34.9% if I hadn't actually been charged it?

 

Rouge

CAPITAL ONE

14th Dec - SAR

13th Jan - Prelim

27th Jan - LBA

27th Jan - 12% settlement offer (refused)

8th Feb - N1 claim issued

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