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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
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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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pt2537 v Black Horse Finance


pt2537
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Hi perseus

 

i have not had any written contact from black horse, however i did have a call from the local branch manager at southampton the other day telling me that they are dealing with my letter (LBA). my partner took the call and they wouldnt say too much to her. anyway i called them back and i got the idea that they were trying to delay me by saying that they were looking into it so i re-itterated to them that if nothing in the way of a settlement is forth coming by the 7th feb then its off to the county court and the bit i included about being a second year law student when they started telling me i was wrong regarding the law certainly stopped them in their tracks.anyway i will update this post on or before the 7th feb.

 

 

good luck all

 

regards

paul

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I began action with Black Horse on 15/1. Needless to say my prelim. letter was ignored. I sent copies to Cardiff (where my account is held) and to the Asset Finance office in Barnet. I had all the figures I needed on full statements I had asked for weeks ago; before thinking about recovering charges. Sent my LBA earlier today by recorded delivery direct to the Asset Finance Office. I am expecting (eh!) a reply but not holding my breath.

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people I dont want to teach you how to suck eggs..... but if you ever want to suck an egg this is proberbly the best way...... :p

Sending the SAR is the tried and tested route... but I simply phoned customer services and requested the breakdown and I recieved it within a week.... free of charge. Secondly all the banks/loan companys will ignore your letters initially or allocate a reply deadline fitting within their own internal complaints procedures... just ignore THEIR time scales and forward your next letter whether that be the LBA or a letter informing them that action has been taken against them. As for the missing recorded deliveries/ unsigned for recorded deliveries once again once their deadline has elapsed that YOU set proceed to your next step. In the vast majority of cases you will not get any real response or indeed refunds untill your claim has been submitted so you really should'nt allow the SAR/LBA process to drag on by their time wasting, although obviously thats not to say these early steps can be ignored in their entirety.

 

MrP

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i totally agree Mr P , it would seem that black horse are merely trying to delay me by saying "its being dealt with so wait til i get a reply" still ive started filling out the N1 form ready to take it to the courts on the 7th.

 

will update once anything happens

 

regards

paul

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Sent my LBA to Black Horse Asset and Finance Office recorded delivery on Thursday, 1.2 It was received on Friday,2.2.Envelope on my door mat today, 3.2 from BH Acknowledging receipt of LBA but informing me that it's been sent to Cardiff " so that the relevant department within the Cardiff Office can ignore it, oops!, can make a response". Probably same reply as my prelim. letter. I didn't get one. Pat on the back to Royal Mail. Second class frank on BH envelope, delivered next day.

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michael make sure you still follow the prelim letter (14 day notice) and then LBA (14 day notice) before issuing a claim because you need to demonstrate to a judge that you have given them adequate time to reach a mutually agreeable decision.

 

MrP

:o

I'm afraid I didnt bother ,and I already have the claim in now , I have done the same with Nationwide and with Lloydstsb I never sent any letters because I did not have time as the charges were applied to my account on the 1st of Feb 2001 , so , if I had written to them first , they would have replied that the charges were over six years old

anyway , it will be intresting to see how my claims turn out

thank you

Michael

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just a quick update.

 

spoke to black horse finance centre manager who advised me that they would not be contesting my claim. he said that he will call again on thursday to let me know when things will be settled and asked if i would hold off court action.

 

i replied that i have filled out the N1 and as it is not due to be filed until thursday i will wait until thursday afternoon until i go to the county court to get the ball rolling. i explained that he should have enough time to call me thursday and if he didnt the its off to court we go( he seemed a little surprised by that :lol::lol::lol:) still im not gonna let them dictate the time frame

 

i will update this thread when / if i get a reply on thursday

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Hi joesoap

 

i spoke to cardiff office and found them to be f**king useless to be honest,all they seemed interested in was trying to convince me to take more finance and when i explained i was not interested in finance and that they had levied unlawful charges( in my opinion) against my accounts they became rude and told me not to quote the law to them. as a result a formal complaint has been lodged with their head offfice.

 

i hope you have more luck

 

 

regards

paul

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Well isn't that just fine and effing dandy? Beaten off Fulham, now this. Is your account held at Cardiff or Soton? I had sent my LBA rec deliv to Barnet (asset and finance) but they passed it on to Cardiff. I've complained numerous times lately on my son's behalf direct to the chairman's office at LTSB. Looks like it could be my turn.

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hi joesoap

 

no probs, my account was based in the southampton branch. however the calls go initially through to cardiff call center at st william house, tresillian terrace.so thats why i end up speaking to cardiff.

 

i had 2 accounts with black horse,one was a straight forward loan which any branch could deal with and one was a flexible reserve account which only southampton were authorised to deal with

 

i hope this helps

 

regards

paul

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Sorry for jumping in, PT. So, if both my accounts get me phone calls from Cardiff, SAR should go there, yes?

 

OB

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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Hi OldBear.

 

i sent my SAR to the london office (25 Gresham Street) same as lloyds tsb s registered office.

 

however it was not needed as what i did was to call the cardiff call centre on 08702427878 and very politley asked if they would be able to send me a copy of the statements from my loans. i didnt mention why i wanted them and the lady was very helpfull and sent them through a couple of days later. so you could try that it may be of help. if not then i would send the SAR to the registered office held on the data protection commissioners register which is

 

Black Horse Personal Finance

25 GRESHAM STREET

LONDON

EC2V 7HN

regards

paul

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FYI..

 

I called Black Horse finance this morning on the 08702427878 number, and they are sending a copy of the loan statements with all the charges added at the end.. but to get a breakdown of charges I was told to write and ask for them (they didn't mention anything about access fees.. so I didn't send any money.. we'll see what happens)

The address they gave was

Black Horse Personal Finance

St. William House,

Tresillian Terrace,

Cardiff,

CF10 5BH

Not sure about the content of the prelim or lba letter though.. does anyone have any examples?

Circo Loco @ DC10, Ibiza. My favorite place in the world on a Monday afternoon.

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FYI..

 

I called Black Horse finance this morning on the 08702427878 number, and they are sending a copy of the loan statements with all the charges added at the end.. but to get a breakdown of charges I was told to write and ask for them (they didn't mention anything about access fees.. so I didn't send any money.. we'll see what happens)

 

The address they gave was

 

Black Horse Personal Finance

St. William House,

Tresillian Terrace,

Cardiff,

CF10 5BH

 

Not sure about the content of the prelim or lba letter though.. does anyone have any examples?

 

Hey Matthew - here's a link to all the template letters you'll need. Just customise with your own personal details and away you go!

Don't forget to send recorded delivery tho - ensure you get a receipt for posting and for any postal orders. They like to lose them and refuse acknowledgement too!

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

Hi Old Bear and PT

After a long and confusing conversation with Black Horse's customer services dept..

"We don't have a Data Controller at 25 Gresham Street" - it's sent to another department.

I quoted as you did PT re ICO's website etc, but they still refused to acknowledge his or her existence.

Just go with the Gresham Street Address, but expect NO signature for your recorded delivery slip - they won't sign - send it Special Delivery and you may be lucky (for £4), then expect a long delay in 'whomever deals with them' but stick to your guns re time limits.

I found it's worth writing to St William House to their Bank Servicing Manager - recorded - and confirm that you have sent the SAR and the Postal Order - the date sent, and the recorded delivery docket number with the Postal Order Voucher ID no. It's in Black and White, and they cannot refute the numbers and tracking facility.

 

All the very best

P

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Hi Perseus.

 

i have made a complaint about Black Horse for non compliance under the data protection act for exactley those reasons IE not having a data controller at 25 gresham street. although it is the address on the data pro register now. plus on the data protection register around a month ago B/ Horse were registered at 51 holdenhurst road in bournemouth which was years out of date. i have had a email from the info commissioners office saying they have had a great deal of complaints like mine and are currently investigating

 

so nothing surprises me any more with B/H

 

I will elt you all know when i get a further response from the comms office

 

regards

paul

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Hi joesoap

 

thanks, im hoping that they settle up as my next battle is with B/Horses big brother LLOYDS TSB and that one is worth over 3000 but i have a 500 pound overdraft with lloyds and they will probably ask for it back when i start the claim against them so i need the money from this one to cover the O/D should they ask for it back.

 

still if they dont pay up tomorrrow they will pay up in court that im certain of

 

i will update tomorrow when i know whats going on

 

regards

paul

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Hi PT

Yeah, good luck, and re lloyds - I see the A & L got their nuckles wrapped big time - seems to have set a precedent too...

As long as you make a token payment into the lloyds account, you aren't leaving it in a 'delinquent state', and therefore - with your SAR and letter of dispute, they shouldn't (and in theory can't) foreclose!

 

All the best mate!

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Paul, Following my LBA to Barnet/Cardiff last Friday, I have received a letter today (not too bad going I suppose) acknowledging receipt and stating; we are currently assessing your claim for a refund of fees paid (no mention of the additional late payment interest I've asked for) and also the position regarding to fees accrued and unpaid; There are no F***ing fees unpaid except the £25 they hope to collect on completion of the loan, no chance. I wouldn't mind but the loan should have been finished in October 2004 but I'll be paying until June this year because of the interest that was added on. There were a few payments missed because of our business failure and at one time they were going to take us to court for repossession but that never happened. We did of course get lumbered with Solicitors fees which were added to the loan and which also accrued interset.Anyway, I have bashed off a fax asking what fees accrued and unpaid, apart from the £25 I know about. Hope you get your settlement today.Ian (real name) but credit companies have been taking the P so long I thought joe Soap was more appropriate.By the way, is it just me but on accessing your page I get a scripting error?

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