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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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Steve V MBNA **WON**


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If you know what rate of interest you have ben charged, use that figure. If not, then toadys arte is of the orderr of 22.9%. Use spreadsheet to calculate what your charges will develop, then give them a call and spesak to either, Paul, or Colin. They are user friendly and will asssit you withthe interest repayemnt back to your self. get them to calculate how much other inteest is due back to you as a result of them taking charges which caused further interest payemnts by your self. If you have a cjhance llok at Gazz against MBNA post on this site. He is very helpful, or in one message he(?) alluded toa claim that he was a she? but dont believe that!

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Hi there

 

I'm way behind you all. Sent data letter asking for info on my account 7/11, but had no response yet. What stage did you recieve the 'goodwill' gesture?

 

Amanda

 

 

Usually with your SAR request Amanda. Then you add up the charges, and they come to around twice of what they're offereing!!

 

be patient, you'll see!

 

Steve.

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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Steve,

 

Did you claim contractual interest in your first claim letter and how did you calculate it? I only claimed initially the actual amount of the charges as I understood you couldn't claim interest until you go to court action. have I got this wrong?

 

Tony

 

If you go for section 69 interest, this can only be awarded by the courts at the MCOL stage at 8%. (basically, this means the court decides they've had your cash so long, you deserve 8% interest on it, as they've had it so long).

 

However, Contractual law states (I'm quoting Bankfodder here!) that the terms are Ricipricol, so if you "borrow" money of them (which is what you are doing on a credit card) at a ficed rate of interest that they stipulate, then if they take money off you, that interest rate is also aplicable!

 

You can claim, (and you should) for contractural interest at the PRELIMINARY LETTER stage. - Worst case scenario, it goes to court (very very doubtfull) and the judge decides this might not be fully fair, and award 8% (section 69) interest instead. However, it has to go to court first.

 

And the 60 thousand dollar question is? how many claims have gone to court? (actually, it's more like a £3 Million GBP question, as they've paid more than that out of court!)

 

Answer? None.

 

Trawl through this site. I have, for weeks on end. When Bankfodder rasied the question about "Contractual Interest" everyone started claiming for it with their charges. Stick to your guns, you'll get it (or so it seems!) I've been offered full payback of charges on some accounts, but I've refused every one of them, as I want the interest to... so I guess we'll see how it goes! - But I am confidant!

 

Hope this helps!

 

Steve. :)

 

Does that make sense?

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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Hi Guys

 

I had my first response to my SAR request yesterday, identical to Steve's (except sadly the amount is less). They have credited £390 to my account. However I have a balance of only around £100 and I cut up my MBNA card a year ago.

I will still send a proper prelim letter for the full amount including interest but would quite like to get the money they have already paid into my account.

Has anyone had this problem and successfully requested a refund? I don't want to jepodise my full claim so I don't want them to assume I accept the full and final settlement nonsense!

Any suggestions?

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4th December - Still no repsose from preliminary request for payment.

 

LBA Sent recorded.

 

tick tock!

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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Good luck Steve,

 

I am just behind you. No reply to my preliminary claim letter of 13th November. It is now 5th December so I reckon they have had the 14 days and a bit mire. LBA to go today.

 

Just a point - I didn't claim contractual interest in my preliminary claim - I was following the templates and read that you shouldn't claim until court proceeding stage. Is it too late too add contractual interest in at LBA stage or will that give them an excuse to stall?

MINT / RBS Advanta

SAR

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I've been lazy and not done anythign since I got my "statements" from them in mid november. They gave me 14 days to respnd to their "offer" but I haven't - oops!

 

I am not going to claim any interest yet becuase I am not sure how to calculate it going on the info that MBNA provide (i.e.- no balance etc)

 

eeerm....

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Co-op bank - won March 07

Virgin Credit Card - won - March 07

MBNA Credit Card - won March 07

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Good luck Steve,

 

I am just behind you. No reply to my preliminary claim letter of 13th November. It is now 5th December so I reckon they have had the 14 days and a bit mire. LBA to go today.

 

Just a point - I didn't claim contractual interest in my preliminary claim - I was following the templates and read that you shouldn't claim until court proceeding stage. Is it too late too add contractual interest in at LBA stage or will that give them an excuse to stall?

 

Hi mate

 

Hmmm... Well, I didn't origianally request Contractual interest of MBNA or Amex (the first one's I took action against), but then I read on here it's perfectly allowed, and Bankfodder recommends it, so I decided to. But, then I thought to myself, if I completely change the amount, and add interest, it's quite a big change. I decided to give them no excuse to say I haven't given them enough time, so I resent my prelims (with new amounts) and started my timeline again. - But I have seen on this forum that you don't really have to.... I just did incase it went to court, they couldn't tell the judge I was chopping and changing and looking unprofessional.

 

Anyone got the phone number of MBNA so I can call them? (be nice to get this one settled before xmas!)

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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I've been lazy and not done anythign since I got my "statements" from them in mid november. They gave me 14 days to respnd to their "offer" but I haven't - oops!

 

I am not going to claim any interest yet becuase I am not sure how to calculate it going on the info that MBNA provide (i.e.- no balance etc)

 

eeerm....

 

Thomper, you don't need to know your balence. You're charging them interest at their contractual rate, regardless of your balence!

 

You'd be missing out if you don't mate. It makes a huge difference to the final sum, and they DO pay it!

 

I'll sent you the spreadsheet if you like. it's sooo easy to fill in and it does all the calc for you. let me know.

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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Thomper, you don't need to know your balence. You're charging them interest at their contractual rate, regardless of your balence!

 

You'd be missing out if you don't mate. It makes a huge difference to the final sum, and they DO pay it!

 

I'll sent you the spreadsheet if you like. it's sooo easy to fill in and it does all the calc for you. let me know.

 

mate can you send me that spreadsheet too? thanks

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can't send any spreadsheets without an email address to send them to!!

 

pm me your emails addresses, and I'll send it out asap!

 

Cheers

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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Just had a call from a lovely lady at MBNA. She's agreed to pay back all my charges, PLUS CONTRACTUAL INTEREST @ 24.9%

 

So I guess that's it! I've won against MBNA (my first win too!)

 

Kinda feels good. (Feel a lot better when I get the cheque in my hand!)

 

Hurrah!!!!! :) :) :) :) :p;)

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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S.A.R - (Subject Access Request) - 19th October

Prelim - 16th November

LBA - 4th December

 

THe lady even told me my interest rate was higher than I'd worked out! I was charging at 22.9%, she corrected me and said it'd 24.9%, which was an extra 300 odd quid!

 

Easy Peasy!

 

Claim: £2036

Interest: £1950.11

 

Total: £3986.11 ;)

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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Wow! I am just about ready to send off my LBA with my schedule - did you manage to have a look at it? I have only charged 18.32% ( 1.5274% x 12) which was the retail rate at the time of the first charge. Is this correct way to do it?

MINT / RBS Advanta

SAR

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I didn't get your email mate. I'm working from home today.

 

Wanna send it to me at the addresss I've just PM'd you? I'll take a quick look now.

 

I'd up the interest to 24.9% mate. If it's too high, they'll tell you!

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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stupuid question... apart from phoning MBNA, how do I find out what my interest rate is? I have a Platinum CC ???

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Co-op bank - won March 07

Virgin Credit Card - won - March 07

MBNA Credit Card - won March 07

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well, I multiplied the interest rate on the statement by 12, but according to MBNA, that was wrong! too low!!

 

I'd phone them mate, it's the easiest way!!

  • Haha 1

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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  • 1 month later...

Hi, I need a bit advice on this.

 

I received a reply from my S.A.R - (Subject Access Request) yesterday, as per yours i didnt get the full lot but, it was enough to calculate the charges anyway.

 

After adding them up they owe me £247 in charges not including any interest. Obviously I'm at the stage of calculating the contractural interest now before submitting my prelim letter. Using the (Simple) calculation template i've changed the 8% to 24.9% (i think i did it right - formula changed from 0.00022 to 0.00068 ) and for my first charge of £25 on 15 Sep 05 it calculates the interest as £8.19 (482 days) for this particular charge.

 

Could someone please check this is correct, if so i've cracked it, otherwise what should it be and how do i work it out.

 

Also, compound interest on the full amount, how do you work this out?

 

Chris

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use vampiress spreadsheet, from template library, then down to intresest spreadsheets, and then you probably need to register with google to get access to her spreadsheets, then when that loads up, under file at left do copy, give it your specific name relating to this calculation and this then takes a few moments, then you are free to insert names etc and amounts and this does the calculation for you. Dates are in US format, as per todays date of 10th jan is put is as 01/10/07

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use vampiress spreadsheet, from template library, then down to intresest spreadsheets, and then you probably need to register with google to get access to her spreadsheets, then when that loads up, under file at left do copy, give it your specific name relating to this calculation and this then takes a few moments, then you are free to insert names etc and amounts and this does the calculation for you. Dates are in US format, as per todays date of 10th jan is put is as 01/10/07

 

That's what i've done. I just want confirmation or guidance on my interest calculation (contractural at 24.9% and not statutary at 8% as per the default format)

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I sent them an LBA for two accounts and they upped the original offer - but didn't include contractual interest - so I'm going to give them one more chance before court proceedings - the letter did include a sinister message if you can't abide by your terms and conditions we will terminate your agreement - ha ha go on then as the cards don't have anything on them - I'm a 0% credit card tart!!!

Hi Redsue,

 

I am about to send LBA to MBNA both for my card and for my wife's. They have paid "goodwill" amounts equal to the amount of the charges but have ignored my claim for contractual interest which is as much again. I declined theit offers with the usual proviso that if they sent the qcheque it was accepted only as part settlement and gave them a further 14 days before LBA. Time is now up. Just wondered what response you got.

MINT / RBS Advanta

SAR

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Hi Redsue, Just wondered where you got to after your LBA. I ma about to send LBA to MBNA for my own and my wife's accounts. They offered goodwill payments up to value of the charges but ignored interest. I have declined offer with provisio that if they sent cheque, which they did, it would be accepted only as partial settlement and gave them further 14 days. Interest added as much again. 14 days is just about up with no response.

MINT / RBS Advanta

SAR

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