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    • 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
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Vanquis Hell


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Hi guys and gals,

 

Just a little problem here...

 

I have a vanquis card and I run it perfectly, however I note that it went over limit for some reason, got charged all the usual rubbish then the phone calls started, please read my letter below for details...to this letter a got the typical standard rubbish letter, but still keep getting calls,

 

Vanquis Card Customer Service

PO Box 399

Chatham

ME4 4WQ

 

30 May 2007

 

Our ref: pc.vanquis.telephone1

Your Ref:

 

Dear Sirs

Harrassment By Telephone

Account Number:

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

To date, since the 22 March 2007 I have received 34 telephone calls from your office and I expect that after posting this letter I will receive further calls. This is completely unacceptable and is causing me great distress.

 

Some time ago I spoke to a representative who duly informed me that I was over my credit limit. When questioned as to how this happened it was a further 15 minutes before I received the answer that it was a transaction that took place that month, this, I note was after being informed that it was the interest applied that made my account over limit.

I then proceeded to explain that I have a minimum payment set up and as far as I am aware if my account shows over limit then the minimum payment should automatically take this into account and bring it back within the limit next time it is due.

If this is not the case then the way I view the matter is quite simple, Vanquis are therefore knowingly keeping customers over limit, thus enabling Vanquis to apply over limit fees every month.

Therefore, I require a full breakdown of all charges applied to my account since activation with a detail of why and by whom the charge was generated. As you are no doubt aware, these charges are unlawful at Common Law, Statute and under recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

 

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Due to the appalling nature and abuse of the telephone system you may wish to reimburse these charges to save any further embarrassment and I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, which states;

“that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

[a] harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation,”

 

I am also of the opinion that you are in breach of the Protection from Harassment Act 1997 and the Communications Act (2003) s.127 and I intend to report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that I have compiled a full schedule of calls received to date including times to my mobile number and I enclose this for your reference at appendix 1.

I should also be grateful if you would provide me with a schedule of calls made to all of my numbers you have on your system.

Whilst in writing you should also note that my telephone service provider is now monitoring all of the calls made to my phones, I will record any further telephone calls and I will request that you record also.

I look forward to receiving your prompt response and reviewing your comments therein.

 

Yours faithfully,

 

 

 

Phillip J Charman

Enc. Appendix 1

 

Now then, here is a list of the calls received to date, I keep getting them, not to mention they ring the house phone momentarily before the mobile they call me on, I am at a complete loss, and need some advice, I will certainly wobble down to court and obtain some sort of restraining order or similar if I can, Im very busy with work at the minute and due to a death in the family i cant think straight, im having visions of jumping in the car and finding the call centre and slapping the offender silly !!!:mad:

 

Vanquis Credit Card

Schedule of calls received from 22 March 2007 by telephone

Number 0800 2888640

Date

Day

Time of call

22 March 2007

Tuesday

09:38

22 March 2007

Tuesday

13:38

22 March 2007

Tuesday

14:37

22 March 2007

Tuesday

15:36

22 March 2007

Tuesday

16:34

22 March 2007

Tuesday

18:04

22 March 2007

Tuesday

19:21

22 March 2007

Tuesday

19:50

22 March 2007

Tuesday

20:49

Total

9

23 March 2007

Wednesday

13:53

Total

1

24 March 2007

Thursday

09:03

Total

1

25 March 2007

Friday

14:48

Total

1

26 March 2007

Saturday

13:23

Total

1

29 March 2007

Tuesday

14:14

29 March 2007

Tuesday

14:47

29 March 2007

Tuesday

15:31

29 March 2007

Tuesday

16:05

29 March 2007

Tuesday

16:38

29 March 2007

Tuesday

18:51

29 March 2007

Tuesday

19:33

29 March 2007

Tuesday

20:03

Total

8

30 March 2007

Wednesday

08:22

30 March 2007

Wednesday

08:56

30 March 2007

Wednesday

09:35

30 March 2007

Wednesday

10:46

30 March 2007

Wednesday

11:20

30 March 2007

Wednesday

11:53

30 March 2007

Wednesday

12:34

30 March 2007

Wednesday

13:31

30 March 2007

Wednesday

14:02

30 March 2007

Wednesday

14:34

30 March 2007

Wednesday

15:05

30 March 2007

Wednesday

15:46

30 March 2007

Wednesday

16:17

30 March 2007

Wednesday

16:46

30 March 2007

Wednesday

17:17

30 March 2007

Wednesday

17:49

30 March 2007

Wednesday

18:31

30 March 2007

Wednesday

19:09

30 March 2007

Wednesday

19:45

30 March 2007

Wednesday

20:16

30 March 2007

Wednesday

20:46

Total

21

31 March 2007

Thursday

12:23

31 March 2007

Thursday

15:37

31 March 2007

Thursday

16:07

Total

3

1 June 2007

Friday

09:20

1 June 2007

Friday

09:56

1 June 2007

Friday

11:04

1 June 2007

Friday

11:39

1 June 2007

Friday

12:11

Total

5

7 June 2007

Thursday

12:00

7 June 2007

Thursday

15:05

7 June 2007

Thursday

16:07

7 June 2007

Thursday

17:51

7 June 2007

Thursday

18:21

7 June 2007

Thursday

18:58

7 June 2007

Thursday

19:31

7 June 2007

Thursday

20:06

7 June 2007

Thursday

20:37

Total

9

8 June 2007

Friday

14:28

Total

1

9 June 2007

Saturday

10:03

Total

1

11 June 2007

Tuesday

13:57

11 June 2007

Tuesday

14:59

11 June 2007

Tuesday

15:10

11 June 2007

Tuesday

15:46

11 June 2007

Tuesday

16:52

11 June 2007

Tuesday

18:04

11 June 2007

Tuesday

18:21

11 June 2007

Tuesday

18:22

11 June 2007

Tuesday

18:22

11 June 2007

Tuesday

18:22

Total

10

12 June 2007

Wednesday

12:39

Total

1

14 June 2007

Thursday

08:12

14 June 2007

Thursday

09:23

14 June 2007

Thursday

10:51

14 June 2007

Thursday

11:54

14 June 2007

Thursday

13:03

14 June 2007

Thursday

14:07

Total

6

Total Calls Received

78

Barclays - £276.60

6/11/06 prelim letter sent:eek:

22/11/06 LBA Sent:-)

N1 to be filed 30 Jan 2007 :cool:

 

Barclaycard - Awaiting response from prelim + complaint for blatant ignorance. Unsure of Charges. :mad:

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Phil

 

Sounds dreadful!! It looks like your letter was based partly on this:http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html. At the end of the thread is details of a complaint form specific to your situation to the OFT just incase you hadn't seen it.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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  • 2 months later...

Phil! I too have a card, and having now posted a prelim to MBNA will be working on vanquis next! Probabably only £100 worth of charges, but worth claiming back as i have a little one on the way in the near future!

 

I too have received upto 10 phone calls a day, on both land and mobile phones in the past and have also phoned to query why having got a D/D setup for minimum payment that they dont seem to take interest into account.

 

I am now well into the black with them so cannot really use the harrassment by phone as a strong form of attack although it will be mentioned!! Let me know how you get on with your claim!!

 

Ryan

"The ultimate measure of a man is not where he stands in moments of comfort, but where he stands at times of challenge and controversy." -

Martin Luther King, Jr.

 

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Everything refunded and an apologetic letter, sweet

Barclays - £276.60

6/11/06 prelim letter sent:eek:

22/11/06 LBA Sent:-)

N1 to be filed 30 Jan 2007 :cool:

 

Barclaycard - Awaiting response from prelim + complaint for blatant ignorance. Unsure of Charges. :mad:

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Phil,

 

I see a couple of months between your original post and your fantastic response you just added!! :-D

 

How long did it take? Once you'd sent them a pre-lim and a schedule were they pretty co-operative?

 

 

Thanks!!

"The ultimate measure of a man is not where he stands in moments of comfort, but where he stands at times of challenge and controversy." -

Martin Luther King, Jr.

 

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  • 3 months later...

My husband took a card out with Vanquis & now they are driving me crazy. We didn't realise he was close to his limit & as soon as payment was due & they put the interest on it took him slightly over his limit, this added £12 to the account for the letter informing him & also a £28 charge for being over the limit. We have got in a mess financially so have taken advice from a councilor but Vanquis are ringing up to 10 times a day. My hubby has not been well & can't take there calls so they are harassing me all the time, they say they won't stop the calls until they speak to him even though I have told them its in the hands of a debt councilor. All the other companies we owe money to have been fine & left us a lone but vanquis are a nightmare.

I had 5 calls this morning between 10.15am & 1.30pm, I was out this morning up to that time & when i came in I pressed 1471 & it was there number so god knows how many time they had phoned before then. Are they allowed to harass people like this?

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