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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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sosii vs HBOS


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Hi fellow bank bashers,

 

To all my fellow Scots who have been through all this or are in the process I thanks those who have already shown me the way. Cheers maroondevo52.

 

Here is where I stand so far, I'll try to be brief and not bore you.

 

Background

I've been with BOS for nearly 20 years and despite my problems I alway found the service good, especially in my branch at least until halifax plc took over and my charges seemed to snowball (no way imagining it!).

 

Also I have a £2000 overdraft which regrettably is maxed after xmas, would they pay up, clearing my a/c and close down? Possibly... and then there's my websaver and the ISA...

 

Plus like many of you I'm in Scotland, so no easy small claims for me I believe. Been avidly watching dazboy2's exploits and could go that way as have relatives in newcastle (only a couple of hours away really).

 

 

Now, to business

I always thought I kept every statement, but I've moved about a fair bit in the last few years and I'm missing a few, all of 2002-3, 2/3's of 2004 for a start and various months here and there. So have sent away my SAR (5 years) letter recorded delivery dated 20th January 2007.

 

Have parachute a/c lined up but to be honest I would prefer to stay with HBOS but am ready for that eventuallity.

 

I was completely taken aback when I counted up what I did have. £2303.98. I really had no idea it was quite so much and I don't even know the whole amount yet. I estimate at least £3500, maybe. :-o

 

I am no legal eagle, but learn quickly in everything bar money management! So here goes...

 

My problems I hope someone could help with

  • The route I take, scottish courts or english, pros and cons?
  • Am I almost certain to lose my a/c, if so then surely I should go for every penny? Including the higher 18.9% interest dazboy2 mentioned.
  • The pockets right now are not deep, so expenses must be kept to the minimum.

Thanks in advance, Kev.

"You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time."

 

P.T. Barnum

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Just throught of something, I'm in Scotland, so after reading up in MSE I was told that my SAR can only ask for 5 years of charges, but if I CAN go through the english system then should I contact them and just ask for the extra year anyway. I don't think I was toooo bad in 2001.

 

SAR I put in has asked for details for the 20th January 2002 to 2007.

 

They should be getting it today... Watch this space.

"You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time."

 

P.T. Barnum

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I had another a/c with IF and I'm doing a claim for this too. I found this address for the SAR:

 

Registration Number: Z8601968

Date Registered: 13 May 2004 Registration Expires: 12 May 2007

 

Data Controller: INTELLIGENT FINANCE CORPORATION LTD

Address:

131 HATFIELD ROAD

ST ALBANS

HERTFORDSHIRE

AL1 4JS

Or should I use Halifax PLC?

Or just send it to the Baird Road address in Livingston?

 

Cheers

"You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time."

 

P.T. Barnum

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hi Sosii

 

Sorry nobody has contacted you to help but here's my comments for what they are worth.

 

Basically I am in the same position as you with HBOS and with my claims. I am going to start legal proceedings today and have decided to go down the MCOL route and claim for it all in one go. It costs £120.

 

I would send my SAR for IF to the livingston address. They will forward it on for you if it needs to go anywhere else.

 

At this point in time I would just concentrate on getting my claims sorted and then decide later on what route you want to take. After all you might be surprised and they might pay up without having to go to Court.

 

Hpe this helps

Kind regards

Gemspan

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thanks gemspan, I'll take it one step at a time. Thanks.

 

One question, should I use the newcastle address or my home for this from the start just in case I need to use MCOL?

 

Cheers

"You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time."

 

P.T. Barnum

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thanks gemspan, I'll take it one step at a time. Thanks.

 

One question, should I use the newcastle address or my home for this from the start just in case I need to use MCOL?

 

Cheers

 

HI sosii i don't think you can use MCOL if you are claiming ing Scotland so i would use the Newcastle address.

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Hi sosii,

 

Heres my tuppence worth!

 

Open a parachute account.

 

Total up all your charges and decide what interest rate you want to go for. I claimed contractual 18.9%, which is BOS's authorised borrowing rate. I could have went for their unauthorised rate of 29.8% but didn't have the guts to do this, altho I told them it was a 'gesture of goodwill' that I wasn't going for 29.8%.

 

Write ur prelim, if you're going for contractual, you must specify this from the start. If not, 8% judicial will be applied at the court stage.

 

If no joy, proceed to LBA etc etc.

 

Regarding courts. I used the English system as I have friends down there whose address I could use. However, all correspondence from Bournemouth County Court has been sent to me directly, I think this may be because HBOS headquarters are in England. If you use an English court, small claims limit is 5k. You can get ur money all in one go. Mines over 5k so went to fast track, yours may well too judging by ur amounts. If you've more than one account with them, combine them both into the same claim to save time, thats what I did.

 

Stick to your guns............you will get paid!

 

I'm hoping for a result very soon after in send the bailiffs in!!

 

Happy to help.

  • Confused 1

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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Hi there

 

That's great advice. I wish I had known yesterday as I've just completely MCOL and only claimed for 1 account as I didnt want to complicate things. Blast!!!!! Still never mind it is for over 3k so its still a lot of money.

 

I have used a friend's address in Norwich for my claim and have listed HBOS head office at Trinity Road, Halifax. Can't wait to see what happens.

 

Good luck

Gemspan

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Hi again

 

I used my address for correspondence which is in Scotland and my friend's address for delivery. Its quite straightforward really.

 

Gemspan

 

Yeah, hope so.

"You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time."

 

P.T. Barnum

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Trying to get my head round the maths, is this example off base?

 

£100 in charges on one day

dating back 5 years, or 1825 days

29% /annum or 0.07945205% /day (unauthorised)

= £100 + £144.99 due :?:

 

Total £244.99 today?

 

hmm... please note, did computing, at and english. Sucked at maths so please correct my ignorance without prejudice!!!

 

Cheers

"You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time."

 

P.T. Barnum

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Hold the press!!!

 

£100 in charges on one day

dating back 5 years, or 1825 days

29% /annum or 0.07945205% /day (unauthorised)

 

Year 1 = 100 + 29

Year 2 = 129 + 37.41

Year 3 = 166.41 + 48.25

Year 4 = 214.66 + 62.25

Year 5 = 276.91 + 80.3

Total = 357.21

surely not

"You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time."

 

P.T. Barnum

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Found some more statements from 2003-04 at my dad's for some reason.

 

Now have a minimum of 3,300 to claim + interest. At this time not even a reply to my SAR... :confused:

 

Counting the days.

"You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time."

 

P.T. Barnum

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Hang in there !

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I'm starting to enjoy this! :D

 

I found some statements for a RBS my wife had some years back and guess what? So far I've found 5 x 20 charges and all back in 2001/2!

 

Now, this is in her maiden name, will this make a difference. Also the a/c was under another address, though her passport is still in her maiden name for ID if they need it. Doubt they'd accept a photocopy or one of the statements.

 

Anyone else been in a similar situation?

"You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time."

 

P.T. Barnum

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Get your wife to send off an initial letter asking for payment and list the charges. Use the information on the statement but advise them that she has now married and her name is ................... They will get back to you if they need any further information. Let them do the work!!!!!!!!! You just sit back and relax.

 

Kind regards

Gemspan

 

PS: How long since you sent off the SAR. I had to send a reminder and I still havent received everything. They are very very very incompetent so it might be worthwhile sending a reminder letter.

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Hi gemspan

 

I sent this off saturday morning to this address:

 

Data Protection Manager

Halifax

Trinity Road

West Yorkshire

HX1 2BR

26th of January 2007

 

Data Protection Act 1998

Subject Access Request

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxx

80-xx-xx

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation over the last six years. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

Sosii

 

 

I'm going through an address in newcastle to take advantage of the english system. I think I've covered it all. If no reply on monday I think I'll try my branch and then maybe a phone call or two.

 

I'll have to be extra careful this month as the cheque I sent is from tha a/c I'm requesting info on! Wouldn't it be a b***h if the cashed the cheque when there was only a couple of quid in it!!!

 

3 weeks till p-day either way.

"You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time."

 

P.T. Barnum

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New developement, the o/d on my frozen current a/c with IF I had cleared with Blair, Oliver & Scott back in September has been continuing to rack up charges. So after IF has told me they will "look into it" this is in the post today!

 

This is getting to breaking point now, every time we turn round there is another thing. God I've gotten myself into a financial pickle.

 

 

Data Protection Manager

Intelligent Finance

1 Baird Road

Kirkton Campus

Livingston

EH54 7AZ

30th of January 2007

 

Data Protection Act 1998

Subject Access Request

Dear Sir/Madam,

 

PLAN NUMBER: Pxxxxxxxxx

ACCOUNT NUMBER: xxxxxxxx

xx-xx-xx

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation over the last five years involving the current account and the personal loan. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

 

Sosii.

"You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time."

 

P.T. Barnum

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Hi Sosii

 

You do know that they have 40 days within which to comply with the SAR don't you. Until the 40 days are up you will just have to wait i'm afraid!!!! Midway through the 40 day period I sent off a reminder but they still managed to get it wrong and I'm still waiting on statements. I have a spare couple of days this week and I really must send off the letter to the Information Commissioner reporting them.

 

I would suggest that you write to the customer services department at IF and summarise your telephone conversation with them. Then advise them that you have sent of a SAR just to find out exactly what the situation is.

 

I hope this is helpful but unfortunately you will have to let the law take its course now that you have sent of for statements.

 

Kind regards

Gemspan

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Hi Sosii

 

You do know that they have 40 days within which to comply with the S.A.R - (Subject Access Request) don't you. Until the 40 days are up you will just have to wait i'm afraid!!!! Midway through the 40 day period I sent off a reminder but they still managed to get it wrong and I'm still waiting on statements. I have a spare couple of days this week and I really must send off the letter to the Information Commissioner reporting them.

 

I would suggest that you write to the customer services department at IF and summarise your telephone conversation with them. Then advise them that you have sent of a S.A.R - (Subject Access Request) just to find out exactly what the situation is.

 

 

 

Thank gemspan, am being patient. Hard though as so far January has been a bi*ch.

 

Date Account Charges Payments

26 Jan 2007 Charges as Notified 39.00

25 Jan 2007 Charges as Notified 60.00

24 Jan 2007 Charges as Notified 39.00

23 Jan 2007 Charges as Notified 30.00

19 Jan 2007 Charges as Notified 30.00

16 Jan 2007 Charges as Notified 39.00

12 Jan 2007 Charges as Notified 78.00

11 Jan 2007 Charges as Notified 30.00

10 Jan 2007 Charges as Notified 69.00

09 Jan 2007 Charges as Notified 129.00

04 Jan 2007 Charges as Notified 129.00

03 Jan 2007 Charges as Notified 30.00

Total:702.00

 

 

:-( My old mortgage lender took funds from the account long after they should have, £754 worth. I got the money back but damage is done as you see. Paid 26th of month so all my dd / so come off on the 28th, kept to our budget at xmas but...

 

Snowball.

 

NEVER, EVER been so bad.

 

Claim could now be approaching 4k mark.

"You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time."

 

P.T. Barnum

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OMG Sosii,

 

If I were you I'd make an appointment to see someone at your branch.

 

Don't mention anything about your claim etc, but talk about Januarys charges. That is truly ridiculous.

 

I remember having one bad month with BoS, made an appt to go in and see someone and she refunded a lot of the charges.

 

It may be worth a shot.........

 

Noone can get anywhere with that amount of charges.......

 

The thieving barstewards!

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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Thanks D,

 

I've printed the charges list and I'll try my luck. Not optimistic tho...

 

A happy new year to all!

"You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time."

 

P.T. Barnum

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Well, no joy in the bank, but then I hadn't expected any compassion really. It was so funny how the manager repeatedly tried to get me to admit that the bank actually did nothing wrong. My response was just the standard line of the charges being disproportional to the level of costs incured. She was "sorry to hear that I was dissatisfied". I know she's just following the company line but that one seemed a bit more dedicated.

 

:-x :-x :-x :-x :-x

 

Anyway, she has confirmed that the SAR has been accepted, my cheque has been returned (good, because after £730 in charges I'll need every penny) and they will be honoring my request. I guess I'm in for the long haul guys.

"You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time."

 

P.T. Barnum

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Yeah, the Bank will never admit that they're in the wrong. I love it how they say that charges are fair but when you ask them how they can bounce a £20 DD when there was £19.99 in the account and then charge you £30 for the priveledge they say "Oh, it's all automated, nothing we can do." Oh, so the computer demands £30 for time spent bouncing our DDs, does it?

A+L - £950 settled in full.

 

Bank of Scotland - MCOL filed 9 Jan for £1500

 

Bank of Scotland (for parents) - £5000 settled in full October 06

 

Bank of Scotland (mum's account) £1900 settled in full November 06

 

Intelligent Finance: DPA non compliance sent 26 Jan

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Update

 

S.A.R - (Subject Access Request) for HBoS acknowledged 1/2/07 - Cheque returned

 

Letter dated 2/2/07 informing me I'll have all my info within 10 days.

 

Have had change of heart (they show no compassion so why should I?), will be claiming compounded interest. So any tips guys would be much appriciated as maths was never my forte. Have been to vamipesess chamber and also downloaded CompoundSheet_v1.8. When I've got all the info on the spreadsheet I would love it if somebody more experienced could have a look at my figs.

"You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time."

 

P.T. Barnum

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