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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
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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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Citi Cards


sunseeker
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Telephoned these today requesting list of all charges since 2002 (when I got the card). They had me on hold for about 10-15mins then came back and said that they cannot seperate the charges out and would have to send me copy statements at £1 each. Agreed, as they will charge this to my CC account where I can claim it back with my next letter/court costs.

 

Just to be on safe side, sent DPA letter as back up by registered post outlining what had been agreed on the phone.

 

Will keep you posted, though the operator did not appear to know about the 40 day rule at first.

 

Sunseeker.

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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Telephoned these today requesting list of all charges since 2002 (when I got the card). They had me on hold for about 10-15mins then came back and said that they cannot seperate the charges out and would have to send me copy statements at £1 each. Agreed, as they will charge this to my CC account where I can claim it back with my next letter/court costs.

 

Just to be on safe side, sent DPA letter as back up by registered post outlining what had been agreed on the phone.

 

Will keep you posted, though the operator did not appear to know about the 40 day rule at first.

 

Sunseeker.

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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Sorry Dave...I was getting carried away!

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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Sorry Dave...I was getting carried away!

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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Woooah - I doubt that you'd be able to get the £1 per statement back - that's not punitive, just a charge for a service.

 

It seems excessive to me.

 

The statement is the entire collection, They want £1.00 per sheet - actual cost a few pence.

s.15 Suppy of Goods and Services Act 1982 - in the Library

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Woooah - I doubt that you'd be able to get the £1 per statement back - that's not punitive, just a charge for a service.

 

It seems excessive to me.

 

The statement is the entire collection, They want £1.00 per sheet - actual cost a few pence.

s.15 Suppy of Goods and Services Act 1982 - in the Library

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Quite efficiently Russe11.

 

received statements today and have calcualted £600 in charges.

 

Telephoned to make my monthly payment then requested who I needed to speak to to reverse the charges. Was dealt with by the same operator who refused to refund.

 

First letter now sent with what i require and my timelines. Also stated that the timelines given showed that I was willing to resolve this matter amicably and without the need for litigation if they are willing to meet my reasonable timelines (apply the refund to my CC Account within 28 days).

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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Quite efficiently Russe11.

 

received statements today and have calcualted £600 in charges.

 

Telephoned to make my monthly payment then requested who I needed to speak to to reverse the charges. Was dealt with by the same operator who refused to refund.

 

First letter now sent with what i require and my timelines. Also stated that the timelines given showed that I was willing to resolve this matter amicably and without the need for litigation if they are willing to meet my reasonable timelines (apply the refund to my CC Account within 28 days).

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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  • 2 weeks later...

Just to keep everyone up to date...

 

Received response from Citi basically stating, among other things:

 

'Our T&Cs stipulate that the minimum payment must be received by the due date shown on your monthly statement. If such payments are not received within this time, charges will be applied to your account'

 

'Please be advised that it is your responsibility to maintain the account within the terms and conditions and charges are applied when you fail to do so.'

 

What they fail to get is that we are not disputing the levying of charges, it's just that the charges need to be an accurate reflection of their costs and not punitive in nature. :x

 

Have penned the following to send out on Monday. Will not be telephoning as they have only given me the usual 0870 number.

 

"Thank you for your response to my letter of 25 February 2006, requesting the refunding of charges made against my credit card account. I am somewhat disappointed in the response of a £25 refund of a late payment fee, and would like to give you a further opportunity to consider your position on the £575 of charges which remain levied.

 

I consider the charges debited to my account to be punitive in nature, are not a genuine pre-estimate of cost incurred, exceed any alleged actual loss to you and are not intended to represent, or related to, any alleged actual loss. As such, I consider these charges to be unlawful.

 

At present, I cannot comprehend how a standard computer generated letter, or no communication at all, can cost your company £25 each time my payment is late or I exceed my limit. Furthermore, you are charging an interest rate of 26.4% p.a. on these excessive charges.

 

To help in my understanding, perhaps you would be kind enough to supply me with a detailed breakdown of the costs which are incurred by yourselves when my payments are late or my account goes over limit.

 

I will give you 14 days to reply to me accepting unconditionally my request for the refund of all charges remaining on my account in principle and letting me know a date by which I will receive credit to my Citi Card Account.

 

If you do not respond, or you do not respond positively, within this time period I will commence action against yourselves through the Small Claims procedure of the County Court system."

 

Sunseeker

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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  • 1 month later...

Received a letter today stating that they cannot help me and believe their charges are 'fair, transparent and lawful'

 

Also received a default notice in the same post requesting £94.54 in outstanding arrears before 20th April. Questioned this as £575 of the balance of approx £700 is charges and said I could make payment on 25th April.

 

They refused this point blank and stated they will sell the account on to a third party to collect the sums due. Said I would be statring legal action against them and got a very arrogant 'OK!'

 

How should I proceed with the county court action I will now take on 25th April. Will the defendant be Citi Cards or the unknown third party, am a bit confused!

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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  • 5 weeks later...

Well...after starting my court action and with 2 days before going for a default judgement, I got letter from Citi solicitor saying that as my claim is roughly the same as my outstanding balance 'it would be far easier to simply write off the existing balance on your account and bring matters to a conclusion that way'.

 

So will give them a ring on Monday, accept the £693.71 and close that one off.

 

2 down, 5 to go.

 

sinseeker

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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  • 12 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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Thread Locked

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If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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