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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Brannan v MBNA ***WON***


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Hi everybody,

 

Just waiting to file moneyclaim againt A&L so i thought i'd get started on all the other **** that owe me money!

 

Can't wait to get started on MBNA.

 

Need to send them DPA letter. First time claiming against Credit Card Company, do you use the same one as you do for the banks.

 

Whats the usual timescale for a reply from them, surely they can't be as bad as A&L, they took 46 days to get me my statements.

A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9:lol:

MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) :lol:

Morgan Stanley Data Protection Act sent 8/8:) Total of £875 charges.

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Thanks, i've found the DPA template and edited accordingly.

Which is the best address to send this to?

 

Cheers

Lee

A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9:lol:

MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) :lol:

Morgan Stanley Data Protection Act sent 8/8:) Total of £875 charges.

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Nice one, i'll get on with that asap.

 

Downsouth, i noticed you had an incomplete reply and only a part refund, what happened there??

A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9:lol:

MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) :lol:

Morgan Stanley Data Protection Act sent 8/8:) Total of £875 charges.

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  • 3 weeks later...

Just got a reply from MBNA saying that they have received my letter and will be looking into my complaint and will get back to me by September 4th. I didn't realise i had made a complaint, all i've done is ask for a list of charges made to my account. Is that what they class as a complaint?? Wallies

A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9:lol:

MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) :lol:

Morgan Stanley Data Protection Act sent 8/8:) Total of £875 charges.

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that seems to be the way mbna are dealing with this, best send them a letter thanking them for the acknowledgement of your DPA request and remind them that they have 40 days to comply, this is usually followed up with a list of charges and in some cases a cheque,usually for a 100 quid, goodwill payment.

it seems to be worth following it up with a demand for your statements as in some cases they have "forgot" to add some charges to the list they have sent you

good luck

:mad:LF53
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Dont worry i'll get my statements. It looks like MBNA are keen to settle from what i've read recently.

I had another account with them a while ago but cant find the account number. might be worth giving them a ring to find out and also see if they want to settle before it goes to the moneyclaim stage.

A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9:lol:

MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) :lol:

Morgan Stanley Data Protection Act sent 8/8:) Total of £875 charges.

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Hi Lee,

 

Started the same action! MBNA are a bank so you can use whatever template you like. I got a letter back after 7 days saying I'd get a full written response in 28 days. Can anyone else confirm the £50 fee for using a credit card cheque...must be an illegal charge??

 

jim.:D

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  • 3 weeks later...

Bit of advice needed please. Just received a letter from MBNA today with a list of late fee charges/ overlimit fee charges/ and non sufficient funds charges. These charges came to a nice little total of £1,160. However, also enclosed was my £10 cheque and a letter stating that they have credited my account with a "goodwill payment" of £540 on the basis that i find this an acceptable resolution.(sorry but i don't). I also have a form to fill in and send back (with some identification) if i require a full subject access request.

 

Have i got enough information to proceed already or should i request the full data subject access request.

 

Do i now send the request for repayment stating that i accept the £540 goodwill payment, but that i will require the outstanding balance of £620.

 

Just a little advice here would be greatly appreciated, thanks

A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9:lol:

MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) :lol:

Morgan Stanley Data Protection Act sent 8/8:) Total of £875 charges.

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Wouldn't have thought you need to pursue the full subject access? Sounds like you have enough info to proceed. I would send them a rejection letter...thanking them and accepting the 540 as a partial payment and asking for the balance to be paid within the specified timeframe in the rejection template. Their first offer was quite substantial!!

 

I'm still waiting for my response to my subject access request. I had the same reaction as you with barclaycard and I rejected their goodwill gesture asking for the full amount...waiting for next offer.

 

Goodluck!

 

Jim.

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cheers jim, i thought it was a decent offer but i won't be happy until i get the full amount. i owe about £1,800 on my account so when i get the money that they owe me that'll go some way to paying them off.

 

i'm just waiting for a cheque from A&L at the moment so i kind of know what to expect, although you have no chance of getting goodwill payments out of them.

 

I had another account with MBNA a year or so ago, but i think i've thrown out all the paperwork to do with that account. How should i go about getting my old account number so that i can claim back those charges???

A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9:lol:

MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) :lol:

Morgan Stanley Data Protection Act sent 8/8:) Total of £875 charges.

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just finished my reply to the initial offer, how does this look??

 

 

MBNA Europe Limited

Chester Business Park

Wrexham Road

CHESTER

CH4 9FB

Re: Account number xxxx xxxx xxxx xxxx

Response to settlement offer.

 

Dear Steve Bailey

Thank you for your letter dated 4th September 2006

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £1,160

 

I will accept the £540 offered only as part settlement and on the clear understanding that I will pursue recovery of the remaining £620, with a County Court claim if necessary.

 

I presume that you will want to settle this matter as soon as possible and avoid unnecessary court costs, therefore I will give you a further 14 days to reconsider your offer. I look forward to your response.

 

I trust this clarifies my position.

 

 

Yours faithfully

[signature]

Lee Brannan

A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9:lol:

MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) :lol:

Morgan Stanley Data Protection Act sent 8/8:) Total of £875 charges.

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Hi Lee,

 

An update on this am. I rang MBNA today to remind them that my access request deadline is next Monday. The customer service manager said he wanted to settle my grievance today... even though I hadn't yet made a claim. He told me they'd charged me 550 in late payment fees over the last 6 years (did the work 4 me) He then offered me 216 - the difference between the 20 charge and the 12 pound charge they make now. I said I'd take it as part payment, check my statements and then claim the balance. He then offered me 570 to settle. I agreed provided that is the actual total of my charges. Have to ring him Monday and he'll settle Result!

 

 

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yeah don't bother writing, just ring up tell what you want and you'll get it.

also ask them to work out the interest you've paid on your charges as they'll pay this back too. if its back over 6 years its likely that the interest will add up to double the amount your claiming. mine did!

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As James1979c mentions when you ring on Monday ask for the Compound interest as well - it doubled my offer and they were happy to do it.

  • Confused 1

My advise if free and is worth exactly as much as you paid for it….

 

HSBC 28 Oct 2006 Personal accounts ~ Offered and accepted ~ £3514 :)

HSBC 15 Sep 2006 Business ~ Offered and accepted ~ £4980 :)

MBNA 7 Sep Offered and accepted £2290 - (my amount £1170 plus Compound Interest) using the "phone call method" :o

FREEWAY 28th Oct ~ offered and acepted £506 :)

TSB VISA MCOL £300 - court date 27th March 2007

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Cheers guys, very helpful info. It does look to me that MBNA are very keen to settle disputes asap. Strange that seeing as though they are part of Alliance & Leicester, who are quite possibly the worst when it comes to these disputes.

 

What exactly do i ask for as regards to "Compound Interest"? i have heard of this before but don't know too much about it.

 

Thanks again.

A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9:lol:

MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) :lol:

Morgan Stanley Data Protection Act sent 8/8:) Total of £875 charges.

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Just rang Paul Miney claim was for 570 - asked him to work out the compound interest on that. 15 minutes later he called back..the interest was 590 and they have agreed to credit my account today with 1160 ( comes off my bill in the next 48 hours). Result!

 

:-)

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Just rang Paul Miney claim was for 570 - asked him to work out the compound interest on that. 15 minutes later he called back..the interest was 590 and they have agreed to credit my account today with 1160 ( comes off my bill in the next 48 hours). Result!

 

:-)

:D

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Nice one jim, so when i ring them tomorrow, all i have to do is ask them to work out the compound interest????

 

is it is easy as that???

 

i don't even know what compound interest is. ha ha

A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9:lol:

MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) :lol:

Morgan Stanley Data Protection Act sent 8/8:) Total of £875 charges.

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