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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.

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      Many thanks 
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    • 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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Sony card now MBNA


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Sorry if this has been asked before. I have searched through the forum, but haven't found the answer.

I have a Sony card that used to run by BOS, I have been trying claim back all the charges from MBNA. They have offered me the difference between the £25 and £12 but only up till MBNA took over the card from BOS.

Are they just fobbing me off and I should carry on trying to claim from them? Or should I now try and claim the charges pre MBNA from BOS?

Thanks for your help

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I would have thought you go after MBNA for the whole lot. See what others advise.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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I would have thought that if MBNA purchased the account, it also is now liable for all liabilities - which means you claim for the whole lot.

 

If you have submitted a Subject Access Request under the Data Protection Act 1998 to MBNA for statements, did you get any Manual Intervention sheets.

 

If not reply, stating that you consider the SAR still to be fulfilled and that they will be in default of your request with an offence committed by them if 40 days pass from the date of your SAR submission.

 

The Manual Intervention sheets are very important, they can indicate which charges are an automated process (low cost) and those which involve human action on your account.

 

From my experience the majority of things like "late payment" and "over the limit" charges are fully automated, and thus as part of an overall IT billing system which deals with millions of computations, entries and so forth a month would cost a financial institution a matter of pence and not the £25 they levy against customers.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Thanks for your help. I did submitted a SAR and MBNA sent me a list of charges for the account including all the ones from when it was run by BOS. There was no Manual Intervention sheet with them though. Just pages and pages of my out goings and charges.

The funny thing is, not once has MBNA said that I need to contact BOS for any charges from before they took over the card.

I've just sent of the 'letter before court action' letter, still asking for the full amount, so will see what they have to say.

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Hi if a DCA bought the debt they would be responsible for the charges so by my reasoning MBNA are responcible for all charges. When they bought out the sonycard they bought the duties and responsibilitys.

 

Also a bit of info with my sonycard they only photocopied the front of the agreement and no prescribed terms on that they folded on £5300 due to that little problem.

 

dpick

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In the instance of a DCA, I have heard it argued in court that the original creditor is liable with relation to penalty charges as a third party shouldn't be held responsible for the unlawful actions of another.

 

However in this instance if MBNA has purchased all the account business of another company - then I would argue that they are also open to the liabilities of that business.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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