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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
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    • 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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bank charges


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Hi,

I am in turmoil with a large amount of issues, one being my mortgage has just gone into arrears for the first time.

I lost my job due to health problems in 2006 but we have managed until December 07.

I visited RBS before anything happended on our account and was advised they would help with my situation, i.e. refund my referral charge as the person knew this only made our situation worse.

I have just received my Decmeber statement and there are two charges one of the £30 referral charge not refunded and interest of £25.13 basically £55.13. Also, within the statement is another notification that a maintenance charge of £28 for november-december along with interest of £27.77 a total of £57.77.

This basically more or less equivelant of two weeks payment I get for incapacity.

 

Can I get the charges back I have already incurred, stop the ones that are about to be applied in January, have my account frozen from anymore interest being applied and claim my interest back?

I just can't get my head round the fact that all my other financial lenders have frozen my accounts and have agreed a reduced payment for six months, but my own bank are pushing me further into trouble financially and are fully aware of my predicament, I cannot afford to feed my family, not a nice scenario to be in.

Tan

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Yes you can get your charges.

 

You need to read the step by step guide, so you can see what to do.

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Here is a link to the letters you need.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

If you have had another charges in the last 6 years, you can also claim those. If so then you send the SAR letter (in the link i gave you) to get all your statements back.

 

As you are on benefits you cann send a letter to your bank stating they cant take your benefit money.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

 

As with all the letters, fill in your own details.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Thank you very much sea-sidelady,

 

I am curious in terms of the interest I have paid to date, given the fact that the incapacity I get is in effect for my living purposes, does this mean any interest I have paid whilst I have been on this benefit is recoverable or is it lost.

 

I have been overdrawn for a long period of time and therefore been using the banks money to survive on effectively, as I have constantly been robbing peter to pay paul does this make a difference?

 

Tan :confused:

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Can anyone help with my question?

 

I put a letter of Apportion into the bank last week basicaly stating that I wanted my first right to take my incapacity benefit out, as the bank has advised me that they were going to take two charges amounting to almost £60 on 7/1/08.

 

Irrespective of giving the bank this letter RBS have taken the charges and left me with half of my benefit, is there anything I can do about this?

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I recieved your pm today.

 

In the link i gave you regarding Right of Appropriation, there is some advice in there regarding the actions you should take if they still take your benefits.

 

You should now write to the banking Ombudsman, and they will deal with it for you.

Financial Ombudsman Service

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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I recieved your pm today.

 

In the link i gave you regarding Right of Appropriation, there is some advice in there regarding the actions you should take if they still take your benefits.

 

You should now write to the banking Ombudsman, and they will deal with it for you.

Financial Ombudsman Service

 

 

Thank you, I have reported bank to the Financial Ombudsman with the following email:

 

I am informing you of the action my bank RBS (Rochdale) have taken against me irrespective of the fact I advised them of my situation.

 

In December 07 myself and partner visited my bank and informed them of our difficult financial situation, I informed them I had lost me job and were struggling to meet December's payments on all the financial commitments. We advised a lady named ****** we needed support to help us through this strained time and advised her of a £30 charge I have received which we couldn't afford to give as our income has dropped significantly. ****** assured us she would have someone call me as she understood my main concern was I didn't want to encounter anymore charges as our monetary resources were depleted....

Even though I took the time to communicate to my bank my financial situation was poor and was assured someone would call from the lending department to sort this request out, this contact didn't occur, instead I have now accumulated 4 sets of bank charges. What disgusts me the most is: A) I tried to avoid any charges to start with, B) I was advised of the charges being taken on 7/1/08, hand delivered a letter to the bank 2/1/08 advising them of my first right of apportion to my incapacity benefit so I could use it to survive but they still took half of my benefit, as they did in December 07 and C) my family's quality has been comprimised due to RBS taking over £100 in charges from me within the space of 2 month.

 

RBS have not only impeded my quality of life in terms of not being able to provide food for my children, but the bank have taken away my legal right and ignored my request to use the incapacity benefit I receive, to meet my other financial responsibilities, hence my reason for this complaint.

 

Is this a breech of my human rights as the bank have rendered my family destitute and my family's quality of life has suffered due to RBS's ignorance.

 

Please could you investigate my complaint and have the bank refund the charges they have placed upon me as a matter of urgency, as my family are in sever financial difficulty and RBS have made my situation worse immensely by causing us an increased level of stress over and above what my family are experiencing.

 

Will inform you of outcome!

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Hopefully you will hear back from them soon.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Hopefully you will hear back from them soon.

 

I am placing my reclaim letter with the bank under the financial difficulties criteria, as follows:

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 2 months.

 

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law and contrary to 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 charges 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.

 

 

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £58 in charges and £52.90 which you have charged me in overdraft interest for the sum which you have taken. Total £110.90 .

I enclose a schedule of the charges which I am claiming with this letter.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you dispute that I am entitled to a refund of these charges, I request that you forward within the above mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

In considering this request for repayment, your attention is drawn to the Press Release issued by the FSA on 27th July, which states:

 

"Consumers who are in very difficult financial circumstances - 'hardship cases'

 

Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS."

 

I believe that my personal circumstances fall within this category because I advised ****** I had lost my job prior to the charges being taken and that we were surviving on my partners wage only with two children. Furthermore, it is only the Royal bank of Scotland who have ignored my situation and increased my stress by adding the chargesand interest and ignoring my first right of Apportion to the benefits I receive. Thus, creating even higher levels of hardship, I think this is disgusting and require this situation to be consider carefully when making your decision.

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Recevied partners data and now placing reclaim letter in for appox £250,

as we have severe difficulties a win means a donation!!!!

 

fingers crossed, and as I have a few things going through, the ones which have been informative will ultimatley be the ones that warrant a donation!!!

 

I must state though, there are some extremely rude people operating on this website, all I say to this is constructive critisism is the order of the day not insults, this really weakens the ethos for such an informative place. It's a real shame!!!!

 

:-| :-|

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