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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Standingupformyself v Barclaycard 'WON'


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Good luck!

Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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Thanks... It went in the post yesterday. Day 1 today I beleive !!! Also sent today a CCA request, recorded delivey and a cheque for £1

I love life at the moment....... !!!!

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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Thanks... It went in the post yesterday. Day 1 today I beleive !!! Also sent today a CCA request, recorded delivey and a cheque for £1

I love life at the moment....... !!!!

 

Good Luck - Keep us in touch !! :)

S.A.R - (Subject Access Request) sent to NatWest 30 March 07

Statements received 2 May

SAR sent Barclays 30 March 07

SAR sent Barclaycard 30 March 2007

SAR sent RBS 5 April 2007

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Ok, all done!

Am off to the Post Office now, recorded delivery of course, to post my LBA to Barclaycard. I am claiming £660, plus £215.50 interest (24.9%) Feeling anxious and excited !!!!

Wish me luck !!!

 

 

Reassurance please folks: Have I done the right thing asking for the 24.9% interest?

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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As long as that's what they've charged you, that's a-ok.

Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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In regard to your recorded letters not being signed for even though they have probably recieved the letter i'd just make a claim for the maximum allowed from the post office :) every penny counts and you have paid extra for the service and they have failed to get a signature to confirm delivery. Postmen don't seem to always be bothered about getting a signature i have recieved a few recorded delivery letters through my letter box that no one has signed for.

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  • 2 weeks later...

No news yet, LBA all typed out and ready to be posted on Thursday! However 14 days compliance is up on Wednesday for my CCA request. Cheque has not yet gone through my bank account though, neither has my copied of microfiched statements, although they have got until the weekend to materialise.

 

Has anyone got an email address for someone that I can chase my CCA and statements from? Previously I had emailed Adrian Whalley, but have not had a reply, so do not know if they have been read or not....

 

Anyones email will do !!!!!!!!!!!!!!!!!!

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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Sent a few emails out yesterday reminding that this Sunday is 40 days from SAR request and tomorrow (Wednesday) is 14 days for CCA. This is the reply I received

______________________________________________________________

 

I refer to your e-mail below regarding your request for information on your Barclaycard Account under SECTION 78 of the Consumer Credit Act.

Please be advised, I received your e-mail today and also in the post I received your original request.

I can confirm that I am now in the process of gathering the information required under Section 78 of the CCA, I will of course forward this to you upon receipt.

Please accept my apologies for the delay in responding to you, however as previously explained, I was not in receipt of your request until today.

In the meantime, please do not hesitate to contact me should you require any further assistance

Kind Regards

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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Letter before action sent today. Still waiting for the other statements, although quite sure there will not be any further charges on them. However I will amend my LBA if needs be.

CCA should have been received today... nothing

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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that is how I read it, although I think a few have gone for contractual at the LBA stage don't know how it worked out though. There are spreads sheets to work out the interest for you, so you will be ok.

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Interesting! Got my Barclaycard statement this morning. My account has been credited with £288 (Late payment refund)

The funny thing is I was in arrears. Now I am not, so at least they have not charged me a late payment charge this month!

No communication from them at all though. I sent a LBA yesterday. I will amend it, deducting the £288.00 and thanking them for their part payment.

Doesn't this go to proove that this system does work? I am now £288 better off than I was a few days ago (still owe £1079.35 to them!!)

Who says a little knowledge is dangerous!!!!

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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quick question. As I only sent the LBA yesterday to Barclaycard, I am considering sending a new LBA, and in the body of the letter saying

" I thank you for your kind gesture, and your refund of £288.00, which I am happy to accept as part of a settlement to my claim. Therefore I will now deduct £288.00 from the final total, and would like to respectfully remind you that I now require the payment as follows: £660 plus Interest of £215.50, total amount is £875.50, minus £288 paid as a part payment, Total amount I require to be paid is £587.50"

Does this sound ok??

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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That sounds good to me although perhaps also mention the fact that you have received no information at all regarding this payment from them, just so it's on record that you haven't agreed to accept this amount as a settlement.

Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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I cannot find a letter template specific to a LETTER BEFORE ACTION for non compliance of a CCA

 

Is there one, or should I adapt the SAR one?

 

Thank you.

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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Received my CCA this morning. The photocopy is not great thogh. The reason I wanted the CCA is because I am convinced that initially I did not sign up for Barclaycard Payment protection, yet was charged it anyway until I realised what was going on.

As I say the photocopy is not great and on the box where you would tick to apply for the payment protection there is the faintest of smudges, yet further up the form where I ticked male or female, I can see the tick is larger, nothing like the smudge.

Am I within my rights to request a clearer copy?

I have also realised though that I had this card 2 years longer than I thought I had, so although I have already started a claim from June 2004 to present, as I thought I had only had the card since Xmas 2003. It now turns out from this CCA that it was Xmas 2001, so roll on the other statements coming through, which incidentally I sent out an LBA about yesterday.

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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received another 2 copies of my CCA this morning, still not totally legible, am trying to establish whether I asked for PPI or not. There is still just a smudge in the tick box. I am going to try and claim it back.

 

On another note, Barclaycard replied to my LBA this morning too, letter dated 2.5.07 and received 4.5.07 (pretty quick reallY)

 

"Thank you for your letter received at this office 26th April, I am sorry you are unhappy with the charges you have incurred. Your comments are receiving attention and one of my team will contact you as soon as possible....."

 

"We aim to find a solution within four weeks, if we are not able to do so, we will always write to you explaining what is happening, A full report or update on our progress will be sent to you within eight weeks"...........

 

Standard blah blah letter I imagine. ... I will stick to my own time scale though.... Although I have not yet had a reply from my requst for hurrying up with my statements prior to June 2004 and I want to amend my claim before it gets to court stage,.,,,

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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No reply yet from my LBA about non compliance of SAR, still waiting for around 2 years worth of statements,

What's my next step anyone?

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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I'd try phoning the customer service or even the Data Protection number and ask them where the remainder of your statements are. They wrote me a letter telling me 6 weeks when i recieved mine back to 2004 and sent the rest within 4 days, so i reckon they have forgotten all bout you in their heap of paperwork and requests. Worth a try, being nice on the phone to them often gets them to help you a lot more than the letters we send them lol. Failing that you'd have to take them to court or report it to the ico which can take weeks so phonecall is definately worth a shot.

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I have been on the phone to Barclaycard for fifteen minutes I have been passed on to three different people, put on hold four times, whilst one assistant talks to another. It ought to be straight forward surely,

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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