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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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sorry didnt realise...consider my hands slapped!!

Live Long and Prosper!! Dont let the BxxxxxxS get you down....

 

Claiming back

Barclays £1968.00

Egg £100

MBNA £343.80 Recovered so far £140

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No worries didnt realise.............Anyhow 2nd letter sent today with the info that i have accumilated from my statements....

Live Long and Prosper!! Dont let the BxxxxxxS get you down....

 

Claiming back

Barclays £1968.00

Egg £100

MBNA £343.80 Recovered so far £140

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Just out of interest I have settled my overdraft with Barclays today and wanted to close my account, should i keep open the account as long as the action i am taking continues...

Live Long and Prosper!! Dont let the BxxxxxxS get you down....

 

Claiming back

Barclays £1968.00

Egg £100

MBNA £343.80 Recovered so far £140

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Guest Mumofthreeboys
Just out of interest I have settled my overdraft with Barclays today and wanted to close my account, should i keep open the account as long as the action i am taking continues...

 

Q. I am so angry that when this is sorted out I am going to close my account.

A. Don't close your account. It makes no difference to your bank. Get an account with another bank by all means but do realise that all the banks are the same when things get difficult. Keep your account. You might find it useful one day. Keep a couple of pounds in it and then just don't use it. Having multiple accounts may give you some flexibility

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I already have 2 accounts at ABBEY which i set up a couple of months ago, my Barclays account is now just dormant... I just wondered whether i could close it and still proceed...By the way I know the ABBEY isnt perfect by a long chalk but i am going to try and keep on top of my accounts as best as i can..

Live Long and Prosper!! Dont let the BxxxxxxS get you down....

 

Claiming back

Barclays £1968.00

Egg £100

MBNA £343.80 Recovered so far £140

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Hi everyone,can anyone offer some advice on my reply letter.

 

I asked for copy of charges on 12th june,sent my £10 and got this, this morning,16th june.Will give give snippets just to keep brief.

 

I had my £10 back letter says

"bank not under an obligation to present information according to any particular format"

"request to assemble a schedule of charges is turned aside"

BUT

"as the bank is providing the copy statements on a complimentary basis your payment is returned herewith"

 

And this is the whole last paragraph on the manual intervention so bear with me

 

"As regards to your mention of "manual intervention", the DPA does not oblige the bank to comment about internal policiies and procedures. Furthermore, in the context of managing day to day transactions arising from out of order accounts, the bank does not hold the information you have requested in a form that would be covered by theDPA. Whilst aggregated information is retained for statistical purposes, this would not constitute "personal data" under the DPA and therfore would not be covered by a s.7 DPA subject access request. For the avoidance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA,is in no way an admisssion that there was no such intervention"

 

can anyone shed some light please

Thak you

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I didnt get any of that Barclays seems to be in a bit of a tiz/....no consistensy, i just got everything back no questions asked..

Live Long and Prosper!! Dont let the BxxxxxxS get you down....

 

Claiming back

Barclays £1968.00

Egg £100

MBNA £343.80 Recovered so far £140

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And this is the whole last paragraph on the manual intervention so bear with me

 

"As regards to your mention of "manual intervention", the DPA does not oblige the bank to comment about internal policiies and procedures. Furthermore, in the context of managing day to day transactions arising from out of order accounts, the bank does not hold the information you have requested in a form that would be covered by theDPA. Whilst aggregated information is retained for statistical purposes, this would not constitute "personal data" under the DPA and therfore would not be covered by a s.7 DPA subject access request. For the avoidance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA,is in no way an admisssion that there was no such intervention"

 

can anyone shed some light please

Thak you

They are trying to find a wording that allows them to maintain the 'manual intervention' argument without providing information. However, if a bank employee makes any kind of adjustment or intervention on your account (I think that this will even include just looking at the account) the bank will record it along with the employee who accessed it. They have to do this for fraud, DPA, privacy and other reasons and it is how they know who leaked a celebrities bank balance details to the media, etc. This information is recorded against your account number so it IS personally linked and should be subject the DPA request (IMO).

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

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All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Just out of interest once you send the 2nd letter and give them 14 days to reply, what do i do if they dont reply??

Live Long and Prosper!! Dont let the BxxxxxxS get you down....

 

Claiming back

Barclays £1968.00

Egg £100

MBNA £343.80 Recovered so far £140

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Guest Mumofthreeboys
Just out of interest once you send the 2nd letter and give them 14 days to reply, what do i do if they dont reply??

 

Was the last letter you wrote, the preliminary letter or the LBA???

 

If it was the LBA you simply start court proceedings!!!

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No it was the preliminary approach politely asking them to refund my charges...

Live Long and Prosper!! Dont let the BxxxxxxS get you down....

 

Claiming back

Barclays £1968.00

Egg £100

MBNA £343.80 Recovered so far £140

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Guest Mumofthreeboys
No it was the preliminary approach politely asking them to refund my charges...

 

Right, now you do the Letter Before Action. This gives them 14 days, don't worry if they don't reply. Then you do MCOL.

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Hi

 

I am thinking about taking the first step in claiming back all the charges I have incurred over the last 6 years.

Does anyone know if it will effect my credit rating.

 

If I decide to try and reclaim all my charges I think I will tackle one account at a time just to see how I get on.

 

Would love to hear your views on this

June 26th 2006 Data Protection Act letter sent to FD

June 29th 2006 reply from FD.Statements are on there way.Returned chq

July 7th 2006 requested refund of £3500 from FD

July 11th 2006 data protection letter sent fo MBNA

July 11th 2006 data protection letter sent to Barclaycard

July 12th 2006 reply from FD saying they disagree with my claim

July21st 2006 LBA sent to Mr Kernigan

Aug3rd 2006 Money claim filed

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Guest Mumofthreeboys
Hi

 

I am thinking about taking the first step in claiming back all the charges I have incurred over the last 6 years.

Does anyone know if it will effect my credit rating.

 

If I decide to try and reclaim all my charges I think I will tackle one account at a time just to see how I get on.

 

Would love to hear your views on this

It may already have affected your credit rating if they have entered defaults against you!!!

 

It is a good idea to start off with one claim until you can get your head round everything properly.

 

Good luck xx

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I recieved a response this morning from Barclays in the form of a CUSTOMER COMPLAINT ACKNOWLEDGEMENT, this was accompanied with a leaflet.

The letter informs me that someone will ring or write to me within the next couple of days with either a resolution or details of the next steps.................. Anyone else had this??

Live Long and Prosper!! Dont let the BxxxxxxS get you down....

 

Claiming back

Barclays £1968.00

Egg £100

MBNA £343.80 Recovered so far £140

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Guest Mumofthreeboys
I recieved a response this morning from Barclays in the form of a CUSTOMER COMPLAINT ACKNOWLEDGEMENT, this was accompanied with a leaflet.

The letter informs me that someone will ring or write to me within the next couple of days with either a resolution or details of the next steps.................. Anyone else had this??

 

Completely standard, I've had loads of them. Why they bother with that letter instead of just writing the letter they promise is beyond me!!

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So this is the start then.....:rolleyes:

Live Long and Prosper!! Dont let the BxxxxxxS get you down....

 

Claiming back

Barclays £1968.00

Egg £100

MBNA £343.80 Recovered so far £140

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Guest Mumofthreeboys
So this is the start then.....:rolleyes:

 

Little tip I picked up (which you may already do anyway) but write the date the letter is received by you, cos I noticed their dates couldn't possibly be correct on some of their letters!!!!:roll: Just something else to catch them out on :)

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I recieved another letter from Barclays today from the RETAIL BANKING CUSTOMER RELATIONS.. Basically the letter says they are looking into my claim and I should have a response no later than the 17th July 06, this will be over a month since I sent my Preliminary approach letter, considering I gave them 2 weeks what should I do now????

 

Just out of interest before i found this website i sent a letter to barclays back in March, below is a copy...

 

21st March 2006

 

Dear Barclays

 

As I understand it if I go over my overdraft limit I get charged £30.

 

Also if there are insufficient funds in my account and a direct debit tries to take funds from my account I get charged a further £30.

 

I believe these charges to be excessive therefore I would like to request a breakdown of the costings involved, how the costs are accrued and how these costs relate to the charges that are placed upon my account.

 

Yours Sincerely

 

After i sent this letter i got a letter saying they are looking into it and I would recieve a reply no later than the 24th April 2006, to this day I have not recieved a response, at this point I gave up not being sure what my next course of action would be...

 

This is why this site is fantastic the help and support people give and get on here is exceptional, without question after I win I will donating the 5% to the site...Keep up the good work everyone...;-)

Live Long and Prosper!! Dont let the BxxxxxxS get you down....

 

Claiming back

Barclays £1968.00

Egg £100

MBNA £343.80 Recovered so far £140

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Guest Mumofthreeboys
I recieved another letter from Barclays today from the RETAIL BANKING CUSTOMER RELATIONS.. Basically the letter says they are looking into my claim and I should have a response no later than the 17th July 06, this will be over a month since I sent my Preliminary approach letter, considering I gave them 2 weeks what should I do now????

 

Just stick to your guns, wait the 14 days and if nothing happens do what I said in my earlier post and send them the LBA.

 

Don't let them push you around, which is what they are trying to do, to put you off!!!

 

Keep the faith ;-)

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Thanks for the advice....Its much appreciated x

Live Long and Prosper!! Dont let the BxxxxxxS get you down....

 

Claiming back

Barclays £1968.00

Egg £100

MBNA £343.80 Recovered so far £140

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Waynedear, the bank will try to delay and confuse you at every step (I think they did a nightschool course to learn how to do this).

Don't allow them to distract you from your target.

It's YOUR timetable, not theirs...... You call the shots.

 

Good luck.:)

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Cheers Rooster, Im actually quite enjoying the challenge, this website however does fill you with confidence!!!

 

Question:rolleyes: Im about to close my Egg card account which ive had for 5 years I dont think ive ever been charged for going over my limit as they always seem to give ridiculous limits, but i have been charged late payment fees on occasion, can i claim these back?

Live Long and Prosper!! Dont let the BxxxxxxS get you down....

 

Claiming back

Barclays £1968.00

Egg £100

MBNA £343.80 Recovered so far £140

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i have been charged late payment fees on occasion, can i claim these back?

 

Yes.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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