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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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The abused vs Citi


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Well I eventually recieved a reply from OPUS not by Carolyn Browse complaints investigator but by Tina Cooper complaints Advisor.

 

The basics of her letter are which she states is confirmed in writing. She can find no evidence to support a promotional rate ever being applied to my account. This is strange as I have a letter from CITI dated 26th September 2008 that my promotional rates have been reapplied to my account (additional interest accrued to be applied to my account) The 3 statements which this Tina basis her case, one of which is the Oct 2008 statement says that my promotional rate has been removed. Poor Tina in over 12 weeks could not find anything to support my account ever having a promotional rate applied.

She further states that the credits applied to my account " are not considered payments" this in itself is odd as the statement refers to payments and credits ( my direct debit for £230 was returned unpaid but the additional accrued interest of approx £350 was credited to my account) Can someone help me here. Transaction date of 25th Sept and Date entered 30th September what is the difference please as my direct debit was due 2nd Oct.

 

She states that a letter was sent to me in August 2008 giving me the option to close the account or have the account frozen at the old rate. In feb 2008 interest was 29.9% purchases and 31.9% In October 2010 under the "general repricing policy which occurs" the rates were put up to 34.9% ( Interesting the rate via OPUS is now a very nice 41% )

 

As regards the Data Subject Access Request she claims are logged under separate complaints as they are specialist complaints. I have these from CITI and confirmation that they dont or to be precise cannot locate a copy of my CCA.

 

She goes on to thank me for giving her the opportunity to investigate the issues I have raised and as they have completed their investigations my complaint has now been closed.

 

Am now drafting a letter to go with the forms to be sent to the FSO. Not sure what they will do or when I will get a reply. Is it worth sending a copy to trading standards?

Dependant on result from FSO ( I do not have much confidence in them) then I will take legal proceedings against OPUS.

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  • 1 month later...

recieved a letter from opus today stating that with effect from 31st August they will be transferring the account ti Progressive Credit Limited. it says the new company is under license from Credit card Asset management ltd. As I have a dispute with OPUS does it now mean deal with Progressive Credit Ltd or OPUS or CCAM who owned both these companies? Advice please

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Is that a Notice Of Assignment, if so then the account is being transferred to another company - if it's not a Notice Of Assignment (i.e. the document is headed) then it could just be DCA working on behalf of Opus.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Thanks for the reply Enron.

The letter is from OPUS It is not a notice of assignment. It merely states that my OPUS credit cxard agreement will be between me and Progressive Credit ltd, First floor, Tower view. Kings Hill West mailing Kent, ME19 4RL.

 

it does go on to say that as I have not used my OPUS card in the last 6 months I will not be recieving a new card and my account will be closed on the 30th of September 2011. If I have a balance then I must continue to make at least the minimum monthly payment.

 

It also states "The OPUS trademark is used by progressive Credit ltd under license from Credit card Asset Management Ltd."

 

I will send my letter to OPUS as still have an ongoing dispute with them although from their last correspondence they or rather a miss Tina Cooper decided she could not find anything to support my grievance so closed the file.

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  • 5 months later...

I sent a letter to OPUS 3rd Jan via special delivery. 5th Jan informed by the OH that i have recieved a phone call from CITI wanting to speak to me. Would not say what about and told it was defiinately CITI. Very odd!

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Opus wrote to me last year saying their "Client" would not be pursuing the debt anymore then I have had 2 letters recently from Opus wanting to know why no payment as been made on the account and the consequences of not doing so what idiots

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  • 6 months later...

Hello folks,

long time since I have been on site. To summarize recent events I have paid OPUS the outstanding amount owing circa £7000 but now I dont have £200 interest to pay a month. I sent them a letter regarding the unfair removal of my promotional rate in 2008. I recieved a rather condescending reply explaining that it was because I had breached my agreement. I do not believe I had. I am drafting a reply now. I had made a late payment actually 2 in 6 months. Recently by mistake I discovered the Credit Card Accountability, Resonsibility and Disclosure Act 2009 (little ole USA) interesting reading. It can be summised after this act was put into force an explanation why CITI were not sending out copies of the original agreement. Further more it sets out limitations on what credit card companies cannot do.

 

According to this act passed by congress, you would have to be 60 days late on your payment to warrant an interest rate hike on a promotional rate (this rather contradicts the OPUS reply to my letter which they claim missing or making a late payment is in breach of my agrrement) This act was as far as I am aware put together to protect consumers as certain penalties (normally financial) were applied to individuals who made a late or missed a payment. The old original agreement states along the line of if you seriously or repeatedly breach your terms and conditions. Now if I miss a payment once that is a one off, if I miss a payment again I have repeated it. if I then miis a third payment I have repeatedly breached. So from this is can easily be understood as to why to be fair to the consumer a 60day period is allowed, furthermore, even if you were guilty of this, if you maintain your payments after 6 months it is required that the original or promotional rate be reinstated.

 

Now my biggest question of all. Why has this policy not been adopted over here? It seems believable that CITI were aware or there unfair penalties and rather settle them, they ignore your letter of complaint, spend nearly a year in supposedly looking for a copy of your original contract before returning your £1 and telling you they cannot find it whilst in the meantime unloading their shabby underhanded business onto somebody else.

I am writing a polite letter to OPUS requesting my refund this weekend (letter before action), Failure to reimburse me will result in my taking legal action to recover it. I believe this policy they have is just as bad if not worse than PPI payments or Libor interest rate rigging. The dear ole USA fined Barclays bank for their underhanded practices perhaps we could hope if our spineless ministers were up to it of fining CITI and any other Credit Card company who have adopted these practices. Waqtch this space!

 

Regards

The abused

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Citibank maybe an American company, but their subsidiaries Citi Financial Plc and Citi Bank Plc operate under UK law in this country.

 

So I don't think that you will have any joy reclaiming interest from OPUS on a point of US law, unfortunately it doesn't work that way.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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