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      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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. 
       

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

My 'default', Barclays, and Surlybonds template...

justinp1

By justinp1
in Historic Bank Claims

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maangov

maangov

Posted
Posted

Hi jutinp1,

 

Good luck with your removal. I am considering going down the same route myself, after trying to have the default removed through the charges route. I shall be following your thread with interest.

 

I hope you dont mind me posting with a quick question:

1. if you have been defaulted as a result of unlawful bank charges the most succesful route towards default removal is to include it as part of the bank charge claim (the template letters contain all you need to know)

If i fail to have the default removed arguing charges Will it affect a S.10 request to have it removed, if i went this route afterwards?

MikeA

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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FANTASY CHARGES

FANTASY CHARGES

Posted
Posted
what's going on? I just typed a response to this and then bang it disapeared :mad:

 

 

I'VE learned that lesson the hard way ----

what you do before you send your posting especially after you have spent a long time thinking and typing your responsE (SOMETIMES I HAVE BEEN THROWN OFF THE SITE AND FOUND OUT THE HARD WAY) is

 

HIGHLIGHT ALL OF THE TEXT --- BY MOVING YOUR MOUSE ALL OVER THE TEXT ( SO IT ALL GOES BLACK) ----- THEN PRESS CONTROL C (WHICH IS COPY) THEN IF YOU LOSE THE TEXT YOU CAN RE-PASTE IT ........

:cool: sunbathing in juan les pins de temps en temps

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Guest Botsy

Guest Botsy

Posted
Posted

I have just received notification in writing that Barclarycard are immediately removing the default that has been on my credit report history since 2002!

 

A nice gentleman from their Customer Relations Unit contacted me by phone and said that due to the fact that I had been deleted from their database he was happy to arrange for the removal.

 

I wrote in November 06, they did not reply.

I sent Surlybonds letter on the 8th Jan, they returned it because they couldn't find my account number. They sent a standard letter, they obviously hadn't read the letter.

I contacted them by phone, I got the strong impression that their team is under pressure, as they didn't put up much of an argument with me.

I left a message and received a phone call from their manager, who in all fairness was very nice and listened to me rather than talking down to me whilst I moaned on about the pressure this default has put on my and my family.

He confirmed that according to Barclaycard they are happy to remove the default after speaking to me (don't know what he means?), they were not able to produce a copy of the original contract or a default notice.

 

I now have this in writing and feel fantastic, big big thanks to Surlybonds and this website, I feel I have my life back literally.

 

Capital One can look out - it may not be so easy but I shall persist with this last default removal.

A very cheerful Botsy!

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dayglo

dayglo

Posted
Posted

Hi jutinp1,

 

Good luck with your removal. I am considering going down the same route myself, after trying to have the default removed through the charges route. I shall be following your thread with interest.

 

I hope you dont mind me posting with a quick question:

 

If i fail to have the default removed arguing charges Will it affect a S.10 request to have it removed, if i went this route afterwards?

 

MikeA

 

why do you expect to fail with removing default through the charges route?

 

If you did fail via that route, then that doesn't prevent you from having a go through the, harder to win route of S.10(1) notices.

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maangov

maangov

Posted
Posted

Hi dayglo,

 

The only reason i'm not certain of winning is detailed here - Default removal - Is this a reasonable argument?

 

I didn't have the full amount of charges on my Credit card, yet did have a huge amount on the funding account (my current account). I'm pursuing it down this route first but may rely on s.10

 

I only wondered, as i didn't want HSBC arguing that i have been trying various methods to get my default removed. Wasn't sure if this would look bad should i go to court.

 

Thanks

MikeA

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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justinp1

justinp1

Posted
  • Author
Posted
Just to let you know that I have, using legal action, forced Capital One to remove a default of mine :D

 

Excellent! Well done! Was it from the use of the principles in the Surlybonds template?

 

Did it go to trial or did they cave in beforehand?

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  • 2 weeks later...
SurlyBonds

SurlyBonds

Posted
Posted
Just to let you know that I have, using legal action, forced Capital One to remove a default of mine :D

 

Oh jolly good stuff, I do like a bit of banker capitulation!!:D

 

The template has since been redone and is now much stronger, using case law.

 

Anyway, glad to see that we're getting some more positive 'wins' on this point and slowly making progress.

 

Well done chap.

  • Haha 1

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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justinp1

justinp1

Posted
  • Author
Posted
Oh jolly good stuff, I do like a bit of banker capitulation!!:D

 

The template has since been redone and is now much stronger, using case law.

 

Anyway, glad to see that we're getting some more positive 'wins' on this point and slowly making progress.

 

Well done chap.

 

Hi Surlybonds,

 

Would appreciate a link to the case law with regard to this.

 

An update on my case is that Barclays have confirmed service and this have another 14 days to respond. They say they are intending to defend the case in its entirity, but as this was registered within 48 hours of service I am guessing they do this as a matter of policy to buy more time.

 

In the meantime, I did get a usual response from Customer Relations with a standard looking rebuttal from the Data Protection Team.

 

Interestingly also they provided their 'proof' that the default was correct. Of course it is nothing like what is reported in my credit record. The default is supposedly the sum of my graduate loan and current account.

 

The current account was close with a 'termination notice' which states it is served in accordance with 76(1) of the CCA - when I reference this this is the section it is entitled: 'Duty to give notice of termination (non-default cases)' !!!

 

Even more interestingly they gave no notice, no default, not even a termination for my loan, they just sent both accounts to the collection agency!!!

 

I am awaiting them to get back to me about the accuracy of the data...

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Tobes

Tobes

Posted
Posted
Oh jolly good stuff, I do like a bit of banker capitulation!!:D

 

The template has since been redone and is now much stronger, using case law.

 

Anyway, glad to see that we're getting some more positive 'wins' on this point and slowly making progress.

 

Well done chap.

 

Cheers :)

 

I also forced a DCA to do the same thing with another claim :)

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