Raymondo v BMW Finance

[pt2537]

R0b pt2537 DJL74
sorry! I don't think I will take this case on. The solicitor I saw said it would cost me more to fight it than to pay it off and if I don't use credit just ignore it them.

I've had 10 missed payment markers now and still BMW haven't taken any action other than to put the missed payment markers on my account.

I'm passed the 6 months period to complain to the ombudsman but as it's an on going complaint every month with each new marker can I still complain to the ombudsman about their foul play and incorrect procedures?

the attachment shows the markers are named 1,2,3,4,5,6 then, 6,6,6 and 6 again. Is this a tactic to remain on 6 missed payments by naming them 6. I get a notification to say it's now 10 missed payments and at the top of the attached page it stated the following...

• Payments made and up to date.
• 1, 2 or 3 payments made.
• 4, 5 or 6 payments late. 8 indicates that you have failed to keep your credit agreement and have not responded
  satisfactorily to requests to put your account in order. As a result the credit agreement has ended.

but BMW are keeping this account going still, is this grounds to make a new complaint to the ombudsman?

Ray

Ray

Im not sure what advice youve had, seemingly it may not have been as good as one would like, but if the credit file is being defaced then this is potentially actionable, and could result in damages being paid to you. It may be worth getting a second opinion especially if you are going after them for incorrect reporting of data.

[Raymondo]

R0b pt2537
you both give great advice but I'm always schmuck on how to do this. I thought by eventually getting a solicitor to look at it that would help but he said I would struggle to get enough back to out weigh just paying or ignoring it.

he said I wouldn't be entitled to claim court costs etc but saying that it was the guys on my home insurance legal cover and not someone I paid.

I really want to sort it out but don't want it to cost a fortune to win a battle

[R0b]

Have you spoken to PT and his firm to see if they can do any better? Is this type of dispute something your firm would take on a CFA basis, or even a damages based agreement pt2537 ?

What about crowdfunding options? If you can obtain 100% of the funding or close to it then you might not have to pay as much. You do have 6 years from the date of it first occurring so if there's an opportunity for you to save a proportion of sums over the next 12-24 months then it might be possible to revisit then and pursue a claim.


Ultimately it is down to you but surely at least an attempt to fight this rather than let BMW get away with something they shouldn't be entitled to do.

[Raymondo]

pt2537
Hi Paul,
ref the above mentioned by R0b
Is this type of dispute something your firm would take on a CFA basis, or even a damages based agreement?

[Raymondo]

R0b pt2537
Great news!

today I checked my credit score on Experian and where I would usually see 10 plus missed payments to BMW Financial Services there was a big fat zero!

BMW are No longer even a feature on my credit account, it's as if they never existed and as if I never purchased cars from them.

this all comes from Experian questioning their tactics on delaying action in relation to my missed payments and if the information is recorded incorrect they should remove it otherwise they would be advising me to make a formal complaint to the ICO about them.

a few weeks after BMW insisted they were in the right and the info was recorded correctly it's all gone.

so the whole process took over a year but the £2040 I supposively owed them for excessive millage has now been removed and cleared.

It's a shame they will continue to do this to future customers of theirs, they still need to be stopped

[Phaeton]

Raymondo Well done for waiting them out.

[R0b]

Excellent news, very happy for you and even more so that Experian helped you in taking up the issue with BMW.

Was there anything to suggest that Experian thought BMW were abusing their position and applying late payment markers despite confirming that the agreement was classified as VT?

It might be helpful if you could summarise the steps you took when contacting Experian and perhaps we can direct others who don't want to go down the legal route to do the same and maybe they'll get somewhere too.

Download a copy of your report if you can as evidence that the markers have been removed and if they are then put on at a later date, you could have further grounds of complaint either to Experian, FOS or the ICO.

[Raymondo]

R0b
Raymondo
I wrote to Experian to make a complaint about a dada breech.

It was a joint complaint against BMW and Experian themselves for falsely recording missed payments for an account that had been voluntary terminated and allowing BMW to do it. In allowing BMW to record and report this false data even though I have given Experian proof I had made payments up to termination therefore the account should be closed.

I went on to say BMW have been allowed to demand payment from me or else they will continue to make negative reports on my credit report blackmailing me to pay or face credit ruin.

I explained BMW are not looking to take court action as they are in the wrong and this action dosent support their claim but if I wanted to take court action it would cost more than it would to just pay the false claim from BMW resulting in it being counter productive to take action against them however still
Leave the problem of credit ruin if I did nothing.

Experian replied to me saying they had previously contacted BMW and their response was the data is recorded correctly and they will make no further comment to me as they have made their final comments sent to me by post. Experian contacted BMW again requesting to have proof supporting the data they claim is correct as It looks as though this voluntary terminated account should be closed as it was terminated. This is where BMW replied quite similar to before however Experian responded to BMW informing them I was advised to take matters further to the ICO as it looks as though there has been a number of data breeches over the last 12 months.

the very next credit report I downloaded 20 odd days later had the whole account from BMW removed and I no longer have any missed payments. I haven't heard from BMW but still think I should push to get them investigated by the ICO.

I know I haven't really got a golden answer for you but hope this can reassure others it will come to an end

[ColinW]

Congratulations Raymondo

I'm now in the position of BMW now marking my credit file with a first late payment marker for the charge of excess mileage.

Would you happen to have a template of the letters you sent to experian?

Thanks in advance.

[Analoguekid]

R0b
Raymondo
I wrote to Experian to make a complaint about a dada breech.

It was a joint complaint against BMW and Experian themselves for falsely recording missed payments for an account that had been voluntary terminated and allowing BMW to do it. In allowing BMW to record and report this false data even though I have given Experian proof I had made payments up to termination therefore the account should be closed.

I went on to say BMW have been allowed to demand payment from me or else they will continue to make negative reports on my credit report blackmailing me to pay or face credit ruin.

I explained BMW are not looking to take court action as they are in the wrong and this action dosent support their claim but if I wanted to take court action it would cost more than it would to just pay the false claim from BMW resulting in it being counter productive to take action against them however still
Leave the problem of credit ruin if I did nothing.

Experian replied to me saying they had previously contacted BMW and their response was the data is recorded correctly and they will make no further comment to me as they have made their final comments sent to me by post. Experian contacted BMW again requesting to have proof supporting the data they claim is correct as It looks as though this voluntary terminated account should be closed as it was terminated. This is where BMW replied quite similar to before however Experian responded to BMW informing them I was advised to take matters further to the ICO as it looks as though there has been a number of data breeches over the last 12 months.

the very next credit report I downloaded 20 odd days later had the whole account from BMW removed and I no longer have any missed payments. I haven't heard from BMW but still think I should push to get them investigated by the ICO.

I know I haven't really got a golden answer for you but hope this can reassure others it will come to an end

Great news Raymundo ,

do do you happen ro have a copy of the letter you sent to Experian, I'm in a very similar situation and had the rebuff from Experian a few months ago, saying it was BMW's data and they couldn’t remove it even if they wanted to.

[Raymondo]

Hi ColinW sorry I didn't realise you messaged, I'll dig out messages and upload them ASAP

[jonevns1990]

Raymondo Hello there, I have been reading this threat with great interest having followed previous advice from other threads on this forum. My argument is currently with the ICO however they are dragging their heels with the case and so far I've been waiting 2 months for their response.
I have 13 late payment markers following a VT in January last year and my partner has over 3 years worth following advice from a MINI (a division of BMW FS) sales rep to VT a previous car and not pay any excess mileage charges!
Needless to say I've argued back and forth to BMW to no avail, dealing with rude and obnoxious telephone bullies that BMW seem to employ.

I'm over the moon for you following your positive outcome and I also, would be keen to see the draft you sent to Experian. We are in the process of looking for a house together and I anticipate these late payment markers will make it sufficiently difficult to get a mortgage.

[jonevns1990]

ColinW Analoguekid Hi guys, just wondering if either of you two have had any luck so far with Experian in reference to the above?

[pt2537]

ColinW Analoguekid Hi guys, just wondering if either of you two have had any luck so far with Experian in reference to the above?

You may as well talk to Fred the Hobo on Brighton seafront, youll get more sense than you will out of Experian or equifax. They will simply say they host the data but it isnt theirs, thus they will not remove anything, people have sued cras before, Smeaton v Equifax springs to mind.

The person reporting the data is normally an easier target, thats where i would focus

[ColinW]

Raymondo Hello there, I have been reading this threat with great interest having followed previous advice from other threads on this forum. My argument is currently with the ICO however they are dragging their heels with the case and so far I've been waiting 2 months for their response.
I have 13 late payment markers following a VT in January last year and my partner has over 3 years worth following advice from a MINI (a division of BMW FS) sales rep to VT a previous car and not pay any excess mileage charges!
Needless to say I've argued back and forth to BMW to no avail, dealing with rude and obnoxious telephone bullies that BMW seem to employ.

I'm over the moon for you following your positive outcome and I also, would be keen to see the draft you sent to Experian. We are in the process of looking for a house together and I anticipate these late payment markers will make it sufficiently difficult to get a mortgage.

I had the markers removed for a short period of time ( two months ) then got an email from experian saying Bmw has confirmed all reporting was correct so they have returned to my credit file. Credit score has went from 999 to 414. Still waiting on the FCA getting back to me now.*