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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 161 replies
    • 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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You have a member of parilament for your area. You have been a victim of unfair charging by the banks.

Have you written to your MP?

 

Why not?

 

It doesn't take very long to do. Just complain that the banks are flouting the law and ignoring the OFT report.

Do't be fobbed off by the first standard letter.

Write and tell your MP that his/her repsonse is a standard rep;ly and you want something better.

If you receive a reply then post it here so that we can all compare.

 

In fact tell your MP that you are going to post it here.

 

It is quite straightforward to put some gentle pressure on your MP

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Hi Bankfodder

I love the idea for this section.

I have a thought is there an MP who is sympathetic to our cause if so then we could get the members of this site to write to this particular MP and if he/she got enough response would be duty bound to bring this up in parliment,

also maybe we could have an electronic petition based on this site? to back this up?

I would appreciate your thoughts

Regards

Adamski

 

 

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Hi Adamski,

 

When writing to an MP it has to be your own, otherwise they just tell you to write to your own. I did this about 10 years ago and it was on the very subject of bank charges too! I chose a neighbouring MP because I thought he would be more sympathetic, but unfortunately not. When I did write to my own MP he wrote back stating if I had an individual complaint I should take it up with the Banking Ombudsman whereas I had asked him to raise the fairness of bank charges in Parliament with a view to changing the law. (Well I was young naive and keen).

 

As you can tell my one woman campaign was unsuccessful. But I'm sure the more people that do this the greater the impact. With all the letter writing people have done on here one more should not be too much to ask?

 

We should all commit to write to our respective MPs

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Hi Bankfodder.

 

I wrote to my MP (Tony Wright) about all this and got a reply. Not sure if it's a "stanard" reply that some MP's give out. He wrote....

 

"....I agree with the sentiments expressed in your letter and have written to Ed Balls MP, Economic Secretary to the Treasury, raising these concerns and to see what action can be taken. I will contact you again when i receive a responce....."

 

Like i said i'm not sure what other MP's have said to people, he sounds convincing but who knows...

 

PS. Just spotted CAG on wikipedia. Search: Bounced check You'll get a few lines about the OFT and about the charges plus a link to CAG.

NatWest:

**£466.28 Settled In Full 21/08/06**

Halifax:

**Full settlement of £107.52 offerd and accepted 25/10/06**

GE Money:

**£48 settled In Full 19/09/06**

Barclays Bank:

**Full settlement of £90 offered and accepted on 24/10/06**

Alliance & Leicester:

**£170 Refunded In Full 17/09/07 (Charges due to bank error but still had to fight them for almost 3 weeks to get back)**

 

"Thin-de le'hasuan 'aloun'myin-del bpi-de gka-de hasou-de paya"

"Learn the gifts of all sights, or finish in the dance of the fallen gods."

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Hi I don't see this on the site. It gives the email addresses/telephone details of all the MP's

 

http://www.parliament.uk/directories/hciolists/alms.cfm

 

I use it to contact mine all the time as it's quicker & cheaper & the MP can access it from anywhere (& does) I always get a response. Whilst he's in the wrong party for me he's still a good MP so can't speak for the rest

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Hi Bankfodder,

 

Hope you don't mind, but I thought more people might be willing to write to MP if the template letter was to hand when reading this thread so I've copied and pasted it here to save them looking. I've also added a couple of points which I feel are valid and should be bought to Parliament's attention. I've put them in purple pending your approval. Will remove if you object or change to black if you approve. Have also swapped the last two paras as seemed to make more sense with the additions. Again hope you don't mind I can always return to original state if you desire. Hope you don't think I'm being cheeky!

 

 

 

Insert MPs name*

House of Commons,

Westminster,

London. SW1A 0AA

 

Or constituency address.

 

Dear Insert MPs name,

 

 

I am writing to you to ask you to let me know what your views are on the serious problem of unlawful penalty charges which are levied against their customers by the UK High Street Banks.

 

It is a well established rule of Common Law that contractual penalty charges which exceed the actual losses suffered, in this case by the banks when a customer exceeds limits or a direct debit or cheque are returned, are invalid and will not be enforced by the Court. A series of judicial decisions going back over 100 years shows this to be true.

 

More recently, The Unfair Terms in Consumer Contracts Regulations 1999 has confirmed that a disproportionate penalty would be an example of an unfair term and that this would therefore be unenforceable at law.

The Director General of the Office of Fair Trading announced in 2005 that any penalty charge which exceeded actual losses was disproportionate.

 

Yet despite this, the Banks continue to apply these charges, and of course the vast majority of bank customers accept the banks’ authority that these excessive charges are valid and they pay up without a lot of fuss.

It is not possible that the banks do not realise what they are doing?

 

A survey reported this year by the BBC and others, concluded that one in five bank customers suffered from these charges in 2005. This is a large proportion of your constituency. Most of these people have incurred penalty charges because they are in difficulty. Many of these people are vulnerable and already have difficult lives. The spiralling effect of bank charges makes it very difficult if not impossible for these people to escape debt and the brunt of the charges is disproportionately placed on the poorest members of society.

 

The banks practice of pursuing the poorest members of society to subsidise free banking for the rich creates a kind of converse Robin Hood situation and not only runs counter to sound business practice, but also demonstrates the gross inequities and unconscionable behaviour of the banks.

 

The problem to some extent has been exacerbated by measures sanctioned by Parliament in pressing those in receipt of benefits and old age pensioners to open bank accounts to receive their benefits and thus exposing them to the risk of incurring penalty charges.

 

The OFT, which is empowered to investigate, shows signs of being reluctant to do so.

 

Many people have taken legal action against the banks. The banks almost never go to court. Fearing a formal judgment against them they bluff and threaten, but eventually settle before the day of the trial. This amounts to an outright abuse of the court system and their behaviour is in direct contradiction of the overriding objectives set out in the Civil Procedure Rules. Through the Internet sites at www.ConsumerActionGroup.co.uk and also at www.BankChargesHell.co.uk I am in touch with many people who are challenging the banks, some of whom are beginning legal actions.

 

The Unlawful Penalty Charge racket is apparently worth £3 billion per year. It is not surprising that they are not anxious to give it up. In taking it upon themselves to penalise, or put more simply punish, their customers they are usurping the power of Parliament. Only an elected body in any civilised democratic society should have the right to impose a punishment. The punishment here being particularly barbaric given that often the only crime is being poor.

Can you think of any reason why, by their dominant position the UK, banks should hold themselves above the civil rule of law and demonstrate such a blatant disregard to the OFT, the civil justice system, their customers and indeed Parliament?

I would be grateful if you would reply to me and let me know what your views about this are, and what steps you would be prepared to take to bring this scandal to an end.

 

Thank you for your time.

 

Yours sincerely,

 

 

Your Signature

(if any body has any figures on current benefits or pensions could include this as an example to demonstrate the suffering imposed by a say 39 quid bank charge+ 28 for going over limit... I know there is discretion to have these set aside in some instances but do the people in receipt of these benefits generally know this? or should this just be left alone completely).

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Zootscoot

 

FWIW mostr banks appear to have 'rules' designed to reduce the opportunity for a customer to have charges removed.

 

I believe the Abbey imposes a once a year/once in six months. This may not be a formal 'rule' but i have been told this over the phone before.

 

Im not sure this helps any but it appears to be specifically aimed at discouraging custoemrs from challenging the imposition of charges on an account.

 

Glenn

 

PS just going to copy and send sai letter.

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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JC

 

I emailed her this very afternoon.

 

To be honest Im pretty disappointed, she hasnt responded and it was almost 4 hours ago since I emailed her!!

 

You said they check their email regularly and from anywhere, why hasnt she respondend??

 

Glenn

 

PS : wheres the tongue in cheek emoticon?

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hi there i only signed up for this site today so am just starting to find out what i should do, but have e-mailed by MP using the standard letter given earlier, i will keep you informed of any reply.

 

Thanks,

 

Al.

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Yeah right!

 

MINE always responds so there! Even if its' the auto response "sorry on my hols" To be fair mine HAS responded whilst on holiday.

 

Conclusion? You must have a lousy MP so move

 

Ill get back to you on that!!!

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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MPs try not to give priority to people who e-mail over those those who use snail-mail or make contact in other ways. Give it a day or two.

 

Think about it.

 

How would you like to have to answer 1000 e-mails a day instantly?

 

But keep the pressure up.

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here is a copy of what I sent my MP

 

Sir, I am very concerned over the unlawful practice that the high street banks are conducting regarding there regime of bank charges. As you may be aware, the OFT ruled that credit card companies and bank were making enormous profits from their charges which are a breach of contract law and imposed regardless of circumstances. I would like to draw your attention to Abbey Plc who are proving particularly difficult in a number of areas. Firstly they are refusing to comply with the Data Protection Act by claiming their filing system for statements is not a relevant system under DPA rules. Secondly, they are abusing the county court system by delaying all actions against them to the final day insisting on every delay tactic they can before settling out of court. Their actions and the similar actions of other banks are causing considerable hardship to thousands of people daily. I urge you to ask questions and support the Consumer Action Group in their campaign. http://www.consumeractiongroup.co.uk I would value your response and support in the same way I support you in your campaign.

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Here's a little tip refer to them by their 1st name Dear Fred, Tom etc. They meet & greet so many of us peasants they'll think they have already met you & respond accordingly Also don't forget to sign...........Best Regards Stan. June etc

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Hi , I think it's all well and good writing to your MP to keep the pressure up, so that they take action eventually.

 

But what about writing to our Euro MP as these companies especially credit card ones operate in many EU countrys besides the UK, and charge minimal charges in many compared to the £30-40 we get ripped of by, there must be some protection in EU law which prevent them from doing this.

 

I'm currently going head to head with CitiCards and am trying to find out what penalties they apply in Germany and Spain, I've been told by some foreign co-workers that the charges are really small compared to here in the UK.

My Cases

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/14777-rbphot-lloyds-tsb.html?highlight=rbphot

 

My useful posts

 

http://www.consumeractiongroup.co.uk/forum/general/26095-bank-credit-charges-eec.html?highlight=rbphot

 

;) The Masses Will Always Prevail

 

Rbphot

 

Lloyds TSB, (£2.5k) Data Protection Act-150606, Prelim letter-050706, 2nd LBA-140706, Money Claim submitted 010806(6QZ51069), Claim Agknowledged 040806:D , AQ submited today-070906

Lloyds TSB Amex, (£60) Data Protection Act-150606, 1st LBA-110706, 2nd LBA - 040806, SETTLED 50% of amount.:D

Citi Cards, (£995) Data Protection Act-110706, Prelim letter-210806, LBA - 040906

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There is but they won't enforce it.

 

Couple of years ago full of promises to reduce car prices to European levels. Look at the price still compared with the continent.

 

The UK is known throughtout the world-wide business community as "Treasure Island"

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I totally agree, but the more uncomfortable it is for them the better for us the consumer, let's turn the screws tighter.

 

And with the government in the crap at the moment maybe time to get a monster pertion underway, one to the brussels lot and to our idiots in power.

 

This is the reason we have the disparity like this, look in the post below.

 

http://www.consumeractiongroup.co.uk/forum/general/26095-bank-credit-charges-eec.html

My Cases

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/14777-rbphot-lloyds-tsb.html?highlight=rbphot

 

My useful posts

 

http://www.consumeractiongroup.co.uk/forum/general/26095-bank-credit-charges-eec.html?highlight=rbphot

 

;) The Masses Will Always Prevail

 

Rbphot

 

Lloyds TSB, (£2.5k) Data Protection Act-150606, Prelim letter-050706, 2nd LBA-140706, Money Claim submitted 010806(6QZ51069), Claim Agknowledged 040806:D , AQ submited today-070906

Lloyds TSB Amex, (£60) Data Protection Act-150606, 1st LBA-110706, 2nd LBA - 040806, SETTLED 50% of amount.:D

Citi Cards, (£995) Data Protection Act-110706, Prelim letter-210806, LBA - 040906

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  • 2 weeks later...

I emailed my MP the other day and got his response this morning. Very positive I think.

 

Thank you for your e-mail.

I have already signed the following Early Day Motion relating to the issue:

EDM 2227 DEFAULT BANKING CHARGES 22.05.2006

 

That this House notes with concern the exorbitant costs to customers of default charges applied to current and credit card accounts, which cause distress and alarm to consumers, and in particular to the financially vulnerable; welcomes the statement by the Office of Fair Trading (OFT) that a default charge should only be used to recover certain limited administrative costs; recognises the work by Which? to challenge excessive bank charges; commends the thousands of consumers who have challenged these default charges with their providers, many using the free information made available from Which?; and calls on current account and credit card providers to respond positively to OFT's statement.

 

I will also write to Ministers about this.

 

Regards

 

Paul Truswell

04/09/06 - SARs to Barclays, Barclaycard, Co-operative Bank & Co-op Visa

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I received a reply from my MP, Mr Alan Meale, today.

 

He has forwarded my letter to 'Rt Hon Gordon Brown MP'.

 

'We' are awaiting Mr Brown's reply.

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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Everyone is stealing my thunder on CAG today... :Cry:

 

My MP letter isn't gonna get read and I'm not going to win my case against Style.

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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