Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

Clarkey1 v Capital One - **SETTLED IN FULL**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6522 days.

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

Recommended Posts

Dear All,

 

Just to let you know I Posted Data Protection Act request letter on the 26th March 06.

 

I will keep u informed.

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

Dear all

 

Received 1st letter from Cap One acknowledging my request and will forward the requested statements shortly.

 

I await in anticipation.

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

  • 2 weeks later...

Dear All,

 

Received 2 recorded deliveries today from Capital One.

 

Very daunting at first glance, they have obviously done an hour and a half on the computer to print off numerous screen shots of my account, with a long list of abbreviated codes which clearly mean they have put some thought into it. Which got me worried at first, but then I started to look at my 6 years worth of statements and noticed that they have charged me £20 each time for going over 1 or 2 days past the due date, where is the justification in that?

 

They then up my credit limit, to get me deeper in debt, so then when I miss a payment they bring the credit limit back down, to enable me to go over it when next months late payment is due? What a money making [problem]! £40 per amount + interest.

 

I will carefully scan all the statements over the next day or so and there will be a preliminary letter requesting full reimbursement for the unfair charges, sitting on their door mat on Tuesday.

 

Has anyone else experienced this scare tactic?

 

Could anyone advise, that if the above mentioned screen shots represents a manual intervention ie phone call, would I need to account for that when I put forward my request for payment, ie say 5mins max per call x 20 calls, which equates to 1hour 40mins at £20 per /hour, so I will let them off with £40, as a gesture of good will, as I do not mind paying a realistic fee and not a personal penalty.

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

  • 2 weeks later...

Dear all,

 

I have now toted up the charges that Capital one have helped them selves to over the past 6 years and sent off Request for repayment of charges for the sum of £600.

 

What this space?

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

  • 1 month later...

Dear all,

 

On the 5th June I issued LBA to Capital one for the sum of £600.

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

Good work - keep going!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

Link to post
Share on other sites

Mr Udy must be really busy. That will explain why he missed my deadline and now he has a Court Claim on his desk....I've just written to him to explain that I can no longer accept the original amount of £498 that I requested back in April, as he offered it too late - said he should view the Court Claim for an acceptable offer.

Keep going - I'm confident of getting the lot before the end of the month - hope you do too :)

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

Link to post
Share on other sites

Has anyone else experienced this scare tactic?

 

Could anyone advise, that if the above mentioned screen shots represents a manual intervention ie phone call

 

I had exactley the same, but in the end thought it was a scare tactic to try and put you off claiming your own money back. My first request has been sent and they have 7 days before LBA.

 

Good luck with your claim, its your money and even with manual intevention they need to show how the costs are calculated and incurred. I heard somewhere that banks make 4 billion a year from these charges...

 

its the worlds biggest bank robbery...and inside job so to speak

Halifax Current Account - Claiming Over £2k

Halifax Card Services - Claiming Over 1K

Capital One - Settled

Citi Cards - Claiming Over £1k

Abbey National - Claiming Over 3K

Link to post
Share on other sites

Thank for the advice,

 

Starting my court claim tomorrow, as I still have had no response.

:)

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

good luck, not that u need it to get your own money back

Halifax Current Account - Claiming Over £2k

Halifax Card Services - Claiming Over 1K

Capital One - Settled

Citi Cards - Claiming Over £1k

Abbey National - Claiming Over 3K

Link to post
Share on other sites

Hi there, I am new to this wonderful site.

 

Would you be kind enough to tell me if the first letter is the same letter for all banks, building societies etc to start the process off. If not how do I get hold of this letter.

 

With thanks.

Link to post
Share on other sites

Hi there, I am new to this wonderful site.

 

Would you be kind enough to tell me if the first letter is the same letter for all banks, building societies etc to start the process off. If not how do I get hold of this letter.

 

With thanks.

 

 

Go for it Maddison I've just won my case with the Halifax and they paid in full £1300.

 

In simple terms just follow these steps.

 

1, spend a good few days reading everybody’s updates and FAQs on this site.

 

2, On Sunday night send DPA letter (Data Protection Act) from the library (templates) asking for 6years worth of statements.

 

3, after about two weeks when statements arrive, tot up all charges and insert them in excel spreadsheet from library.

 

4, The next day Send letter requesting refund of all charges copy in library.

 

5, After 2 weeks you will receive a letter from Halifax telling you they are right and you are wrong as per there terms and conditions, they may even offer you 10% of your claim as a goodwill gesture

 

6, The next day send them a letter saying thanks but no thanks and that you are giving them 14 days to repay all charges they have taken from you or you will take them to court.(LBA Letter Before Action)

 

7, After 14 days log onto Moneyclaim.co.uk and file a claim against your bank.

 

8,Hey presto money will be in your bank.

 

This is what I have done and been successful with halifax.

 

Keep us informed by starting a new thread.

 

Good Luck

  • Confused 1

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

Many many thanks for your time to read and reply and for setting the process out so easily for me.

 

I will definately take your advice and read and learn as much as I can over the next few days before charging in like a 'bull at a gate' so to speak.

 

I want it to be a smooth process without too many hiccups.

 

So once again thanku and will keep you informed.

 

Kind regards.

Link to post
Share on other sites

I wrote to capital one, and signed and dated the letter etc, and i got a reply to say i had not signed the letter, and they could not act upon my complaint till they received a signed letter. sounds like delaying tactic.

Link to post
Share on other sites

I wrote to capital one, and signed and dated the letter etc, and i got a reply to say i had not signed the letter, and they could not act upon my complaint till they received a signed letter. sounds like delaying tactic.

 

What letter did you send?

 

Send them another one and request a copy of your previous letter, that will prove if they are being obstructive or not.

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

Dear All

 

Started court claim 19/06/06.

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

  • 3 weeks later...

Dear all,

 

Received confirmation today from the courts saying that Capital 1 are going to defend the claim in full and the have 28days to respond, maybe I will get to see them face to face and what them squirm?

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

  • 3 weeks later...

Dear all,

 

Received a letter from Capital one advising that the charges that they have levied against my account are as part of the T&C I signed up to and are justified; however on this occasion we will refund you back the LOT.

 

:lol: :lol: :lol:

 

Yes you read it right they paid in Full £794.91.

 

:lol: :lol: :lol:

 

It has taken from the 24th March 06 to the 20th July 06 and it has been worth the wait.

 

If you need any help or tips, please do not hesitate to contact me

 

Good luck to you all

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

dear all can anyone tell me if it is the same process against late payment fees for capial one cards. i sent a letter regarding these fees in response to the oft best practice ruling and they replied basicly saying take a run and jump they are write and the oft are wrong

can any one help

 

regards

jimmy

Link to post
Share on other sites

Dear all,

 

Received a letter from Capital one advising that the charges that they have levied against my account are as part of the T&C I signed up to and are justified; however on this occasion we will refund you back the LOT.

 

:lol: :lol: :lol:

 

Yes you read it right they paid in Full £794.91.

 

:lol: :lol: :lol:

 

It has taken from the 24th March 06 to the 20th July 06 and it has been worth the wait.

 

If you need any help or tips, please do not hesitate to contact me

 

Good luck to you all

 

Fantastic - simply brilliant!!

 

Congratulations, here's hoping I'll be joining you in a couple of weeks!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

Link to post
Share on other sites

dear all can anyone tell me if it is the same process against late payment fees for capial one cards. i sent a letter regarding these fees in response to the oft best practice ruling and they replied basicly saying take a run and jump they are write and the oft are wrong

can any one help

 

regards

jimmy

 

Hiya - I've sent you a PM

 

:)

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

Link to post
Share on other sites

  • 12 years later...

This topic was closed on 03/07/19.

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 there.

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

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6522 days.

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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...