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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.

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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.
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      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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Redsonja Vs Cap 1 - ***WON with CI***


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Hi everyone,

I sent a prelim on 03.01.07 and it had the usual blurb at the end that if I did not get a response etc I will pursue for interest etc. I have since been reading the threads for compounded contractual interest and am going to include it in my LBA (when I send it as Im sure I will have to). Has anyone previously done this as I wondered what figure was put in the interest cell in Vamps advanced spreadsheet? My monthly interest was approx 1.708 which works out at 20.50%APR but Im sure I read somewhere that I shouldnt put that figure in for compounded contractual (read so many threads on interest my brain is going to explode!). Can anyone advise on this please?

 

Also, out of interest I wondered if anyone had been successful in a claim with Capital One that has charges over more than the 6 years?

 

Thanks in advance.

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Hi there,

 

I'm interested to know who said not to use monthly x 12 as I'm about to use that figure for compounded contractual interest! I would have posted my prelim today but missed the post. I think it's ok to be honest?! It's so confusing isn't it?

 

Help!

 

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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Hi rouge,

I agree, it is all so confusing when you are new to it all. I read it in a thread but cant remember which one and it wasnt saying you couldnt put the yearly APR but it was saying that by x the monthly % it wouldnt work out compounded contractual properly and that figure should only be used for contractual. I have spent 2 days reading all those threads and I want to make sure that my interpretation is correct in case I end up in court.

 

Lets hope someone will let us know the answer.

 

It seems you are at the same stage as me so would be interesting to follow each other and see what we get back from them and compare. Did you use Vamps spreadsheet?

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Hi Sonja,

 

I did use Vamps spreadsheet number 13. I actually did it wrong at first but very kindly got some help from Bill-K (he's on a lot of posts round here and seems to know a lot more than most!). So I thought it was ok how I had it today? He does suggest going for full APR instead of monthly x 12 but I can't find my full APR anywhere. The Cap One website says it is 34.9% - this would make my claim sky high (it is anyway) and it just makes me nervous.

 

Your point about making sense of it all before court is really important and exactly what I asked Bill to help me with. He even explained the cells in excel in simple terms for me.

 

The way I see it:

 

'contractual' just means the rate they have charged you over time as per your contract (rather than statutory 8%)

 

'compounded' just means that the daily interest is added on the growing total rather than starting from scratch each day

 

I hope this makes sense?

 

We do seem to be at the same stage, I'll watch out for your posts and I'm sure we can help each other along.

 

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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Hi Rouge,

Your explanation makes complete sense to me!

I have done the more advanced version of Vamps spreadsheets as I had the balance on my statements so thought this would be the best one to use. Just out of interest, where did you go wrong? (I'm hoping I havent done the same).

 

I couldnt find Cap 1s interest so I just used the interest for purchases on my statement and thought that if they argue the interest thing with me I will say I am actually claiming a lower % than what was charged and then ask them to give me the exact workings out of the interest on my charges. I think its fair to ask them to prove our interest figure is wrong if it was raised! I did read somewhere that some people asked their banks etc to work out the compounded contractual interest....and they did!!:-o

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Hi Sonja,

I went wrong by using number 12 and thinking it was compounded when it wasn't.

 

Cap One don't display your APR anywhere and it varies person to person. I phoned and asked for mine and it was indeed higher than the monthly% x 12 by 3%. I'm still using monthly% x 12 as it is more simple for me if I'm asked about it in court (APR is a complicated beast), although I'm sure we are entitled to full APR refund.

 

I agree with your point that we can always turn round and say that we're actually claiming lower % than they charged us! I don't think I'll be asking Cap One to work anything out for me, I imagine they'd blind us with figures and whatever they did I wouldn't understand!

 

We're getting there I think. I might post my prelim on Monday - that gives me the weekend to really go through it all, read up, and make sure it's watertight.

 

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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Go for it Rouge.... Good Luck and I will watch your thread :)

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Well looks like I had the standard blurb from Mr UDY (good job his signature is printed on the letter as he would have arm ache if he had to sign everyones letters!) today offering me the difference between £20 & £12.

Will reply with LBA saying no thanks and will be including Compounded contractual interest which will increase daily until the claim is sorted!

Will also say i want payment in form of a cheque and not to reduce the balance!

He also says they have reduced their fees to £12 so they are in line with competitors.

Watch this space!

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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  • 2 weeks later...

Am following your threads with interest, have just received my statements and am trying to work out what interest rate I apply, it's so confusing but think you have made some good points and will certainly make you feel safer by going below APR.

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Hi Doo,

 

I used the current monthly purchase rate which should be on your last statement and x by 12 to get yearly APR. I have finally got my head around CCI and am claiming it for all mine and my partners accounts/cards. I am yet to hear back from sending LBA but time is running out fast for them.

 

Feel free to ask any questions if you get stuck....Good luck! :)

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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thanks for that, one last question - don't want to hijack (have started up my own thread) having looked at monthly purchase rates it has differed anything from 1.587% to 2.008%, which one should I use.

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thanks for that, one last question - don't want to hijack (have started up my own thread) having looked at monthly purchase rates it has differed anything from 1.587% to 2.008%, which one should I use.

 

If you know the type of card you have then try looking on their website it may tell you on there.

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Hi Doo, don't worry about hijacking, it helps everyone who are just starting. I used the current interest rate (mine is 1.708%) as this is the interest for purchases and it is still lower than the rate they have used against the charges. If there was an arguement about the rate you have used, you can put the ball in their court and request they work out the proper CCI and detail it for you. Judging by other threads I have read, they won't do this as they don't understand it themselves. It is up to them to prove you wrong.

If you were worried, then you could always do separate spreadsheets for each different rate. I haven't though as they should know they are not having to pay as much CCI as was charged.

HTH

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Reply from good old Mr UDY saying disappointed I wont accept his offer and that he wont increase it and contact Ombudsman blah blah. Looks as though this is standard situation with Cap 1.

 

I have refused part settlement previously and I now need to prepare my claim for court (lots of reading for me to do as this will be my 1st one). I presume I dont have to notify him that I still wont accept his offer and that I am filing my claim as I have already done it in LBA.

 

I do have one questions though, the CCI I claimed was 12 x monthly rate and in a discussion on another thread, bill has explained that it is not a contractual rate by doing it that way (I knew I had read it somewhere as I said in my earlier post....glad I'm not going mad!) my spreadsheet for LBA was 20.5% and Im worried now that by not doing it at 34.9% I may leave myself open for a proper contest in court. If I change to 34.9%, do I have to start over and send another prelim and LBA?

 

Any advise gratefully received :-|

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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You probably need Bill to answer that but all I can say is that I have just sent my prelim and am also claiming CCI, I rang capital one up and asked what APR they had been charging me and used that. It worked out to be 26.94%.

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Hi Doo,

Hmmnnnn difficult as I have read a few threads now and the APR is different for everyone so I think I may direct Bill to this thread as he has confirmed I would need to send a revised LBA.

 

Bill - The website says 34.9% typical APR on classic card but other threads have used what Capital One say they have charged. Which one should I use? Is it best to phone them?

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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I would not trust anything said to me on the phone. You're speaking to call centre ops who just want to get you off the phone. Make sure you know which card (eg Platinum, Classic, etc.) you are getting the rates for, and use the website info, and save the page on your PC, so you can print it as proof.

 

If your particular card isn't listed anymore, then use the highest rate that seems appropriate. It's up to them to argue that a lower rate applies.

 

HTH

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Thanks again Bill. Your opinion is appreciated as ever. 34.94% it is then. Wow my charges are £394 and based on 34.94% it take the total to reclaim up to a whopping £1190.94. That will cost them an extra £50 in court fees then ! lol!

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Hi Sonja,

 

If you do a search on here for Mindzai's spreadsheet, there's a cell on there that works out your APR from your monthly rate. I phoned Cap One and asked for my APR first, then double checked it on the spreadsheet and it works perfectly.

 

Here's the spreadsheet (it's on the opening page):

 

http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls

 

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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Just phoned Cap 1 and they said its 22.5%. Checked on Mindzai spreadsheet and it does work out at 22.54% so I shall use that then!

Charges £354.00 so total with CCI is £766.62. Revised LBA in post tomorrow.

Thanks peeps

  • Haha 1

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Thats 3 happy bunnies here then! :D

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Well done gang.. feels good does'nt it.

 

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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