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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.  

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      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.
      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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Intercityman vs MBNA


intercityman
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As well as Barclays I have begun a claim against MBNA. SAR was sent yesterday to MBNA. Can any one give any indication how quickly they respond. Barclays seem to be a tough cookie. I just want to sound out if MBNA are as tough.

 

Are MBNA calling in on the outstanding balance on you Credit Card if you try and make a claim against them?

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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my stuff came through after about 2 weeks, but that was over the festive period. you will get standard letter first saying they are dealing with your complaint blah blah.

 

when i received my statements i was given a page of rubbish about terms, fair charges etc but they still offered my a £100 goodwill payment :confused:

 

after calculating my claim i have just today sent the prelim accepting their offer as partial payment only and requesting a refund in full.

 

the clock is ticking

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It always amuse me how they calculate the goodwill payment. I wonder what percentage of the total fees it actual is ? Never mind the actual intrest that you will have incurred.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Getting inpatient now !! Its terrible the wait

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Good Evening All,

 

Recieved a letter today from Stephen Bailey. informing me that they are investigating my complaint and will respond by february 07, 2007.

 

It mentions I can call the customer adovcate office. Any advice as i sent a S.A.R - (Subject Access Request) not a complaint

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Good Evening All,

 

Recieved a letter today from Stephen Bailey. informing me that they are investigating my complaint and will respond by february 07, 2007.

 

It mentions I can call the customer adovcate office. Any advice as i sent a S.A.R - (Subject Access Request) not a complaint

 

 

I'd ring them and tell them you didn't complain, you merely sent a SAR. However, you will be complaining if they don't comply! Whilst I fully advocate following procedure to the letter, MBNA appear to be rolling over quite quickly at the moment. Some might disagree, but it might be worth ringing them when you have added up your charges and telling them what they are and that you want that plus the contractual interest back - you might just get lucky!

 

However, if you uncomfortable with this, then you know what to do next!

 

Good luck!:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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I tend to agree with Cornucopia - as long as you are comfortable talking to them on the phone, wait until they have complied with your SAR and then when you have all the charges and calculated interest in front of you, you might get a quick result if you call 'em. Ring the Customer Advocates number, not the general number - they are the people who make these decisions.

If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Rang MBNA RE the letter and was told this is a standard letter ( as per the million others osted here ). Very pleasant lady explain my document would be be with me very shortly and that they have had a lot of people now claim there fees and penalties back. No further movement thou and was told just to wait for statements.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Starangely enough after my phone call, I had a call from MBNA collections saying my Direct Debit had been cancelled by them and would I like to pay my balance for this coming month plus what i missed over the phone.

 

Is this not harrassment when its not due to 7th Feb.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Starangely enough after my phone call, I had a call from MBNA collections saying my Direct Debit had been cancelled by them and would I like to pay my balance for this coming month plus what i missed over the phone.

 

Is this not harrassment when its not due to 7th Feb.

 

Cheeky buggers! I would be wanting to know why they cancelled your direct debit? That sounds a bit suspect to me! In my experience only you or your bank can cancel a direct debit. Check with your bank what the state of play is.

 

Is it possible that they know your claim is going to clear your balance? They seem to close accounts once the balance is cleared by a refund of charges. Best thing really, another "customer/victim" down the pan!

 

Definitely ring your bank to clarify what the situation is with the DD and then ask MBNA what the hell they are doing. When you know that, come back and tell us and we'll take it from there.............:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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how much do they owe you. Mine was only 250 quid + interest. I called them today as my prelim deadline is up tomorrow, waffled a bit and spoke to someone called Yvonne, she calculated my interest and offered me another goodwill gesture. With this figure added to the initial offer of £100 already credited to my account earlier it totalled what they owed me. So settled in full, job done.

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chris_d I havent even had any paperwork from them yet so i cannot calculate that yet. I suspect it wont clear the balance either.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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  • 2 weeks later...

Ok the bank show my DD as stil there ? I cannot make any sense out MBNA. No money has been taken by DD this month. I assume it there choice to not take the money by Direct Debit. If I want to start paying by dd i have to go through form filling again.

 

 

Great !!

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Hi recieved my statements today, but they say for a full SAR i will need identification and a £10 fee. The have given me also a £500 goodwill payment as a full and final payment.

 

I have total my fees up and they are over £1000, but i dont know how to add the intrest ( contractual / compound ). I have use the simple england bank template to total my fees. Could anyone tell me how to change the percentage ( 8% ) to 27% or send me a simple credit card excel sheet.

 

When I have calculated this I will send my prelim letter, in the meantime i will write to them saying I shall accept the £500 as a partial payment.

 

After the prelim been sent is it worth pursueing them over the telephone, additional I am going to pursue them for a full SAR. Any advices on this as I think this maybe a separate issue.

 

HELP

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Hi, if you PM me with your email address, I'll send a spreadsheet I used to successfully claim against MBNA. This calculates simple daily interest on the charges at a rate of your choice (i.e. to claim back the interest I have paid on the charges applied - I used 22.9% which was the standard rate on my account) plus simple daily contractual interest at a rate of your choice (i.e. they have had the use of my cash so i'm charging them for this also at 22.9%).

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Thanks stornoway

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Stornoway are you sure about the rates of interest and the difference between daily and yearly interest rates ?

what i mean is it cannot possibly be 22% daily interest more like 0.002% daily dont you think ?

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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Stornoway are you sure about the rates of interest and the difference between daily and yearly interest rates ?

what i mean is it cannot possibly be 22% daily interest more like 0.002% daily dont you think ?

Hi, something's been lost in translation here ... on my spreadsheet you type in the annual rate i.e. 22.9% and it works out the daily rate then applies this to each charge levied. It also gives you the ability to have 2 different interest rates for the standard and contractual interest in your claim. Hope this clarifies but PM me if you want a copy or want to discuss. Cheers.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Hi, if you PM me with your email address, I'll send a spreadsheet I used to successfully claim against MBNA. This calculates simple daily interest on the charges at a rate of your choice (i.e. to claim back the interest I have paid on the charges applied - I used 22.9% which was the standard rate on my account) plus simple daily contractual interest at a rate of your choice (i.e. they have had the use of my cash so i'm charging them for this also at 22.9%).

 

 

Was your claim successful for contratual intrest as well as standard intrest ?

 

What rate do you put contractual intrest at ?

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Was your claim successful for contratual intrest as well as standard intrest ?

 

What rate do you put contractual intrest at ?

 

Yes was successful for both types of interest and found process straight forward (phoned them after Prelim to negotiate and they agreed to pay what I asked). I claimed contractual at the rate I was paying on my account - some are asking for the unauthorised rate for contractual but under concept of reciprocity I think its an easier argument to claim from them what they are charging you.

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All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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if in doubt, call them and ask.

 

I assumed mine to be 24.9% and used this on my spreadsheet. When i spoke to Yvonne she calculated it for me, it was actually 15.9%.

 

Might be worth just requesting it back over phone, you never know, it worked for me.

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Same as Stornoway. called after Prelim and just before LBA and was all settled in full without having to file.

 

Just make sure that, when you call, you have all your facts and figures in front of you, and that you know why you are calling - don't just lunge into "I want my money" as they will just say they will write to you. Wait until a day or so before your LBA and then call and say that you are about to write to them informing them that you will be filing at your local county court within 14 days and you wondered if there had been any progress with reviewing your claim as you do not really want to have to go to court but you will if you want.....". You may need to call a couple of times, and always stay calm and polite (even if inside you are screaming at them) and you will be fine! :)

  • Haha 1

If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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ditto

 

I called them the day before i was going to send the lba. i made sure they were aware that i knew they were dealing with cases like this every day and that to date they always payed up. i said my claim was only small and i'd seen people with bigger goodwill gestures than my full claim, so why not setlle over phone, saves my time and theirs being wasted.. Have all your facts straight, be polite and they will co-operate.

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Jeeze i was shocked they offered £500 but the sum of fees were over £1100. With standard intrest and contractual intrest the total is over £2800. Can this be right, it surprised me and it going to surprise MBNA to that I jhve done my homework ( even if i had some help )

 

James

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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intercityman

 

standard interest and contractual interest? do you mean by standard interest the 8% under s69 if so then you cannot claim both interest under s69 and contractual interest.

 

if it is you are claiming contractual interest that has been compounded, make sure you do not put two seperate figures as it confuses the situation. i know in the spreadsheet v2.7 it was two seperate figures but in the spreadsheet v2.8 (see templates section i think) it is more clear and so if you do file the N1 its is clearer for all tos ee what interest you are requesting. just a thought, as i confused myself senseless in my letters as it seemed i was just being greedy and going for everything i could. whereas the v2.8 spreadsheet made my greed more palatable :p

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Thanks

 

 

 

23/11/06 HSBC **SETTLED**

30/12/06 - GE Capital - **SETTLED**

30/12/06 - MBNA - charges and interest **SETTLED**

 

30/12/06 - Welcome Finance - Prelim sent for mis-sold PPI

 

 

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