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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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Camdenite Vs. Providian/Monument "WON"


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Hi

Barclays have transfered all its rights under Monument card to R. Raphaels & sons ( RAPHAELS BANK ) this happend on the 2nd July 2007, yes it is a U.S. bank.

But until further notice Monument must look after your account

Did you send S.A.R. to MONUMENT in Crawley or BARCLAYS In Northampton

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Thanks Bigmark. I sent the SAR to Monument in Crawley. I'm pretty sure that's where Caroline MacLean is based, but I haven't looked the dialing code of the number to check it's in Crawley. I've been passed around the houses so many times that I've lost track!

 

Thank God for the web-site Saynoto0870. Otherwise I'd be looking at a fortune in calls.

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HI

I recieved this letter fron Caroline Mclean

 

Dear xxxx

 

SUBJECT ACCESS REQUEST

 

Further to your request for information/list of default/copy statements,we are writing to inform you that the legal time limit for supplying this information is about to expire. If your initial complaint was through the Information Commissioner the time scale is 28 days. If this is your first request the legal time limit is 40 days

 

We are sorry for the delay but assure you that we will let you have your information as soon as we can

 

 

Yours sincerely

 

Caroline Mclean

 

Customer Relations

 

this was on the 42nd day I then phoned to tell them the legal time scale had passed, and was then transfered to Naomi Wort who said she would send information out within 2 weeks.

 

Did you send recorded/special delivery to Crawley. ?

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Thanks BM. Yes, sent recorded delivery, as was my non-compliance letter. They have acknowledged receipt of the letters on numerous occaisions, but still give me the same flannel.

 

Their attitude seems to be "Go on, if you want to spend £100 to take us to Court over non-compliance, you won't get them any quicker."

 

I'll try and speak to Naiomi, but it'll have to be Friday as I'm at the cricket tomorrow :D .

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Hallelujah!!!! Just as I was about to phone Naiomi yesterday, I got a call from Barclaycard direct, apologising for the delay and assuring me that they we're going out in that night's post.

 

Needless to say, nothing arrived this morning but I should have them very soon.

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  • 2 weeks later...

Just got the statements today (some are missing, but more on that later). It took a final desperate threatening phone call to get them faxed to my office. On two seperate ocaissions I was told that they we're being sent out that evening by registered post. Nothing arrived and then it was just voicemails from Lynsey at Barclaycard and Caroline at Monument and no returned calls. This lot have been impossible:mad: .

 

Anyway, I'm inevitably missing several months from the period of three years while the account was active, so I cannot claim yet.

 

One thing I have noticed though is that they are claiming on the statements that they refunded £150 in charges & £50 in Purchase interest previously in June 2004! We're they years ahead of the game here;)?

 

I don't recall any such refund being made against my balance at the time and want to know how I can go about disputing this? As far as I can see the account was over it's limit. I tore up the card and I cleared the outstanding balance and moved on in life.

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Anyway, I'm inevitably missing several months from the period of three years while the account was active, so I cannot claim yet.

 

One thing I have noticed though is that they are claiming on the statements that they refunded £150 in charges & £50 in Purchase interest previously in June 2004! We're they years ahead of the game here;)?

 

I don't recall any such refund being made against my balance at the time and want to know how I can go about disputing this? As far as I can see the account was over it's limit. I tore up the card and I cleared the outstanding balance and moved on in life.

 

Do you know they have done this to my mums statements and claimed they also gave her a refund too - we don't think so either!! why ever would they have done that? Crystal ball perhaps? sure will be fun sorting these people out for her!!

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Hi Elizabeth, It's highly suspicious isn't it? It's taken them so long to come up with the statements and so many downright lies have been told by them along the way that I really think they would stoop to any lengths to avoid paying out.

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Just thinking about it, we should possibly start a thread to see if anyone else has seen anything of this nature. A number of us claiming the same thing may have some effect.

 

 

I can't even get my own statements off them (mum got hers) but there is a DCA involved with it so all sorts of tomfoolery going on with this one company - they are a laugh a minute really!!

 

I will force their hand though with an N1 claim against them and lets see moods change ? they are nasty and deceitful really.

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Elizabeth. Have you tried Lyndsey Hilton at Barclaycard on 01604 254518? She's the one who has finally got things moving. Although it took a call direct to Caroline MacLean again today to get the faxes through.

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Elizabeth. Have you tried Lyndsey Hilton at Barclaycard on 01604 254518? She's the one who has finally got things moving. Although it took a call direct to Caroline MacLean again today to get the faxes through.

 

 

Thank you for that - I will phone them tomorrow see what they say etc.. it's been going on for months really. I have sent lots of letters and even wrote to ICO/FOS about it and still nothing in statements off them.

 

BUT I do expect there is a method behind everything they do?

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Any news Elizabeth? Also, I've just noticed something else that doesn't tally on the statements. They have included a statement that has the wrong year on it! The balances and the order it was sent in place it as December '03, but it clearly has December '04 printed at the top:confused: .

 

If it wasn't for the dubious refund they claim to have given me, I'd pass it off as a sloppy error at the time, but now I'm not so sure.

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Hi all, Well, I 've finally got copies of all statements yesterday:rolleyes: . I've completed my schedule of charges an drawn up the first letter. I still dispute the refuded charges they claim to have madeand want them to prove it. How does the following line look on my first letter:

I would also like to point out that I dispute the refunds of charges you claim to have made to this account on the dates; 22nd October 2003 & 17th June 2004. Unless Barclaycard Providian can provide documentary evidence to support these refunds, then my claim will remain for the full amount of charges I have calculated to be levied to the account.

 

Any suggestions?

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Sounds good, they have to prove that they gave you the money, unless it was cash, there will be a paper trail

 

Mike

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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just popping in

 

how are you naomi ?

 

 

may i suggest that my old friends at barclaycard meaning monument come clean and admit that they have "serious computer problems" in so much as they have had "two computer systems working in tandem" since the take over of monument by barclays bank !!!!

 

now will the real statement step forward

 

"trouble is they dont know what the statements the public have say !!!"

 

ps i am available "for a screen test" for your new emblem !!

 

Barclays cuts its exposure to subprime loans - International Herald Tribune

 

February 20, 2002

Barclaycard announces the acquisition of the UK credit card operation of Providian Financial Corporation. The move underlines Barclaycard’s stated strategy to grow its core UK credit card business and gives Barclaycard £395 million in receivables and £10 million other net assets from the American-owned business’s approximately 500,000 customers in the UK.

==============

April 4, 2007

Barclays announces the sale of part of the Monument

credit card portfolio. Barclaycard, has agreed to sell the Sale Portfolio and associated servicing capabilities to CompuCredit International Acquisition Corporation and CompuCredit UK Limited, which are both subsidiaries of CompuCredit Corporation (‘CompuCredit’) for a consideration of approximately

£390 million payable in cash.

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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Unfortunate name Wort, although I beleive it is the malted mash that brewers use to make beer. I wonder what Monument are brewing now.

 

See what I did there!:D

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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Guess what these clowns have done now?

 

They've sent by separate fax, a completely different summary of charges (not statements) on my account.

 

There is absolutely no mention of the refunds they claimed to have made previously! Are they really that stupid?

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Are they really that stupid?

 

 

YEP I am afraid so!!!

 

I reckon there must be a University out there somewhere offering degrees and Masters in "stupidity" and related topics of course!! They must do recruitment rounds there and sign up all the people on such a course - cause it really is rediculous what these companies are doing!!

 

Surely any intelligent human beings wouldn't sit there dribbling like this? I bet they don't sit on "wheely office chairs" like in other offices - I bet there is a company out there making an absolute fortune selling ROCKING CHAIRS for the dweebs to sit on while sucking their thumbs? :D

 

I have to laugh about them all - cause if I didn't I'd go beat some sense into them!!

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LOL Elizabeth. You do get the feeling you're dealing with robots on the other end of the line don't you. Not just this lot, but all of them.

 

There was a post somewhere about the training employees in this area are going through in order to say no to bank charge request in ever more creative ways.

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So, Monument have acknowledged my letter and have promised to respond by 4th September (er, I think I gave you two weeks). They have also enclosed a little leaflet "explaining how Monument works to resolve complaints". This also has a Customer Feedback Formfor me to complete and return. Has anyone ever seen this before? I've never had anything similar from any other banks or CCC's.

 

I don't want to complete it if it could do anything to jeopardise my claim. By not completing it, am I showing judge that I have not taken steps to resolve the matter?

 

Thoughts anyone?

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