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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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A different way - aiming to go to court


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Hi,

 

I have been reading this forum with interest for a while and while I will not bore you with the details of what RBS as The One Account have done to me over the past 12 months, it is safe to say that getting my money back would not come close to making me happy. I have therefore started a different approach with the bank which you might find interesting and with my solicitor we are working on getting them in to court to admit how much their charges cost rather than a refund.

 

By the way I didn't go down the route of getting statements, I just ask the Bank to tell me how many times they have charged my account. This they did in writing within 48 hours.

 

If you are interested I will let you know how it turns out

 

Letter sent this week:

 

Dear Sirs

Our Clients:

Account number:

We are instructed by xxxxxxxx to recover unlawful charges that have been levied on their account over the last 6 years.

We have been handed your letter dated 30th June 2006 which confirms that charges have been applied to this account on 224 occasions in relation to direct debit refusals.

The charge applied on each of these occasions is a flat rate of £20.00. This means that you have taken a total of £4,480.00 since the account was opened in October 2000.

As you know, on the 5th April 2006 the Office of Fair Trading announced that default charges which are set at more than £12.00 will be presumed to be unfair and unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999 in absence of any specific proof to the contrary.

It is accepted that a direct debit refusal will result in certain limited administrative costs but we do not see how you can justify charging £20.00 on each occasion.

We are therefore prepared to offer you £1.00 for each direct debit refusal to reflect your costs in return for a full reimbursement of the balance (£4,256.00).

If you are not prepared to accept this offer, please can you provide us with a full breakdown of how your charge is calculated together with your written reasons as to why this is justified? We can then assess whether the penalties levied on our clients’ account do reflect the bank’s actual costs.

Please refund the balance charges to our clients’ account within the next 14 days.

Alternatively, if you are not prepared to accept our request, please provide your written calculation of the administrative costs of refusing direct debit instructions by not later than [calculate 14 days].

Please note that if we do not hear from you in the specified time period, we will have no alternative but to commence court proceedings without further notice to you.

We look forward to hearing from you.

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Guest Lueeze

If Dave and Bankfodder have tried to get it into court and failed, I cant see what difference it will make, unless a Judge sees fit to forward it for a test case it will not set a precedent either.

 

Also im guessing you are paying a handsome sum to the solicitor too, do you think you could handle the claim yourself? Just thinknig out loud that you are paying someone when you can do tis yourself with the help here (and its free)

 

Good Luck

 

Lou x

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Hi,

 

But I am not looking for them to refund the full amount, we are looking for them to refund the overpayment amount. I am being very understanding and saying that I know there is a real cost to them, all they have to do is let me know how much it is and I will pay it.

 

If they settle out of court for the amount I am claiming, then I will expect all charges for my account in future to be not more than a £1 per charge which is the amount I have offered in my letter plus I will not be signing any kind of non disclosure agreement so if they do, do this I will ensure that it gets a lot of notice.

 

I am not saying that this will work, but it has to be worth a try

 

Hi Lou,

 

Thanks for your email, I did look through the site and couldn't find an approach like this, if I am wrong please point me in the right direction.

 

The solicitor help is free, as they look after my company's legal stuff they are providing me with a little assistance with letters and stuff for nothing as they are very interested in this as well (if it does get to court think of the publicity for them)

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Guest Lueeze

They will not disclose their charges, the last time a judge ordered a bank to disclose within 14 days they paid up and cra**ed themselves. They would never tell anyone, infact I bet they dont know themselves, can you imagine what would happen if the disclose this? They have huge teams of legal bods working to stop this sort of thing.

 

Also If you do not agree to their charges they will either close you account or advise you to go elsewhere, as all banks charge no matter where you go.

 

I expect you will get quicker reloution to this as you have use a solicitor, but at the end of the day they will pay up and that will be the end of it like so many on here.

 

The only way to change it permanently is to set a precedent or for the government /OFT to get involved.

 

Help is here if you need any assistance

 

Lou x

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They have already suggested that perhaps the One Account is not the right sort of account for me!

 

This is perhaps because I also have a financial claim going through the Financial Ombudsman for around £30K

 

I do have alternative bank accounts set up just in case

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Worse case - they close the account and demand we repay.

 

We have other bank accounts which wages can be paid to, so no concerns for day to day living.

 

They will then have to take us to court to get money back for mortgage. But for what - over refusal to agree to their charges?

 

But I am not refusing to pay their charges I am only asking them to provide me with the information to prove that they are keeping within legal guidelines. If they can do that and it is that same amount as they currently charge me then I will pay it. It might make for an interesting court case if they wanted to go down this route.

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Guest Lueeze

Yeah, they dont want to go down this route and I will bet you they will cough the whole lot up with minimum fuss.

 

Good Luck x

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