Raymondo v BMW Finance

[Amethyst]

Hi Mary, If you click here > https://legalbeagles.info/forums/new-content/21 > you'll be able to start a new thread and ask any questions you like there - we can move it to the right forum for you We don't offer an email service xxx

[pt2537]

Need someone forum this site to email me thanks

Whats up?

[Analoguekid]

Hi Paul, Raymondo et al.

I am in a similar position to Raymondo and on checking today my credit score is 554 (very poor) only due to BMW, I have contacted Experian but they say BMW say the details are correct and cannot/will not amnend my file. Despite me pointing out that BMWFS have not contacted me for months, are going against ICO guidlines and I have no paperwork or terms for the £1530 BMWFS have added to my file. I last spoke to them via Debt Management outlining why I don’t need to pay, and informing them of their illegal reporting, I also invited BMW again to take me to court over outstanding balance, I have heard nothing since my last correspondence in Sept.

There are surely laws that prohibit this and Experian are culpable too, they know exactly what BMW are doing and know it is unlawful, would we have a better chance taking Experian to court?

I’m happy to join a class action.

This bullying of consumers who abide by the law is illegal and has to stop, doorstep money lending tactics would be deemed illegal and unjust, so why are BMWFS bring allowed to abuse their position?

[R0b]

This bullying of consumers who abide by the law is illegal and has to stop, doorstep money lending tactics would be deemed illegal and unjust, so why are BMWFS bring allowed to abuse their position?

Because no consumer as yet has decided to take the risk and issue legal proceedings and challenge it in court. Until someone does, they aren't going to back down.

[Analoguekid]

Thanks Rob.

It was more a rhetorical question, and kind of asking why none of the other parties involved, ICO, Experian etc seem unable or unwilling to uphold the law.

[Phaeton]

Thanks Rob.

It was more a rhetorical question, and kind of asking why none of the other parties involved, ICO, Experian etc seem unable or unwilling to uphold the law.

Because that is the problem, it has been written in such a way there are more than 1 interruption until somebody or a group of somebodies are prepared to put this in front of a judge to make a ruling nobody is prepared to put their neck on the line, apart from the car manufacturers.

[R0b]

If it's of any use, I am looking to VT in the next 12-18 months for various reasons and I'm with Renault RCI so if they try to do the same then you can count on me that I'll take them to court and get a ruling on it.

[Analoguekid]

Thanks for the support Rob, I would be happy to file a Small Claims action for defamation (Scotland) but am unsure about how to proceed or what to put in an LBA and should I just cite BMWFS or should I also cite Experian as I have made them aware of the details but they refuse to act stating that the information legally belongs to BMWFS, it seens Experian are happy to profit from this data but wash there hands when a dispute arises, they can’t have it both ways.

[Raymondo]

Analoguekid I'm taking court action against BMW I'm planning to start this off in January, I have little to lose and the way I see but BMW have lots to lose.

I'm happy to fight this and get a ruling for everyone in our position and happy to go public with media too.

[Analoguekid]

Thanks Raymondo, I’d be happy to go down the small claims court route and sue them for defamation, but am unsure of how to word it or even if it’s possible, was hoping perhaps someone had a draft that I coild use to send an LBA, and wether I should cite BMWFS and Experian, is small claims even possible for such a thing. Like you I have nothing to lose but have no funds available for a full court action, as I’m currently in a dispute with Wren Kitchens for a full refund.

[Raymondo]

Analoguekid I had lots of help like this from R0b he really knows his stuff and helped me out with letters etc.

I've tried BBC Watchdog many times but never get a reply. I'm going to take them to court and plan to play on my circumstances for the media too.

as an injured veteran/amputee
former Royal Marines Commando and world champion Para athlete, I have contacts in the media who I will call upon to publish the findings of my case and shine the light on BMW and their bully tactics that are completely unlawful.

[Raymondo]

Happy New Year to all those following

R0b pt2537
last week I contacted Experian to ask them to remove the now 6 missed payment markers on my account as it was not lawful or enforceable, I backed this statement up with a lot of the info you sent in the Letter Before Action last year.

Experian called me up and said the BMW HP account should have been closed as it was voluntary terminated on the 01/05/2018 and the missed payment markers came after this date. The guy I spoke with (Simon) told me this didn't look correct and he would have to email BMW Financial Services and ask them to amend it or confirm it's correct.

BMW Financial Services confirmed the data was correct and they had sent me their final response regarding this case.

today I contacted my home insurance (Legal Protection)
and asked them to open a case so I can start legal proceedings against this action. I have just been told by the customer services agent give him a few hours and he will get back to me on this.

I'm guessing this is the bit where they decide if the case has more than 51% chance of winning in order for them to take it on.

they haven't asked for any real info just a quick 2 minute call briefly explaining what I'd be claiming.

I tried to say I have lost of literature they would need to see and there has been a successful case where a customer won against Mercadies last year.

I will keep everyone updated on what is happening next and may come back requesting help and advice depending on their response whether or not to take on the case.

[R0b]

Thanks Raymondo, do keep us updated as I would love to see a positive outcome for you. Also positive to hear that the person you spoke to at Experian thinks this is wrong too, and I wonder whether it is worth seeing if you can contact Simon again and get him to put in writing his views that the late payment markers don't look correct as the VT was exercised some time ago.

That might add some force to any claim that you might have and, although not conclusive, does help to build up a steady picture of what BMW are doing. It's almost a case of when not if someone takes them to court over their actions and whether they would fold remains to be seen.

[Analoguekid]

Thanks Raymondo, I got a similar response from Experian Staff, yet they say there is nothing they can do. I find it abhorrent that Experian allow this to happen and hide behind the fact that the data belongs to BMW, but they still allow BMW to report this to anyone who checks our credit files.

I was told the only thing I can do in the intrrim is add a not to my account stating this. This won’t help the credit score but will allow any genuine lender the opportunity to look further and perhaps still allow you to obtain credit, what it will preveht though is instant or online credit.

I watch this with interest and will most likely do something similar myself.

BMW and Experian know this is unlawful, if it was lawful then BMW would have tried to prosecute us by now.

[vipvipvip]

Interesting the response Experian have on their website when asked about VT and impact on credit file.

Ending a car finance agreement early using ‘voluntary termination’ is your legal right, as long as you’ve paid at least half of the total amount due and you hand the car back in satisfactory condition. You should then be left owing nothing and the lender should update your credit report to reflect this. The lender may also add a voluntary termination marker to the entry on your credit report which explains to other lenders why the finance was settled early. Your credit score should not be affected, as long as you have paid all of your monthly payments on time up to the point you hand the keys back, so you should not see any late payments registered. Lastly, unless any lender you approach has a policy of not lending to people who’ve opted for a voluntary termination in the past – and I’ve not seen any evidence of this – then it should not affect your chances of securing credit in the future. (January 2016)