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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 
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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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RBS fraudulant bankers draft


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Hi, My friend and I sold a car that we both jointly owned and were given a Royal Bank of Scotland draft for £25,000 from a guy who we had checked and had no reason to doubt. The draft was taken to the local RBS branch and the counter staff asked to verify whether it was legitimate to which they said it was. The draft was paid in and the money cleared in the account the next day. Twelve days later however, they sent a letter saying the draft was fraudulant and reclaimed the whole £25k back. Since then we have made complaints to the bank and the Ombudsman with no luck. The bank are saying that their staff are unable to make claims about whether or not a draft is legitimate even though we have since visited three local branches and had answers that a draft takes three days to clear like a normal cheque toa draft can be checked immediately to "don't worry, a draft is better than cash!"

The bank states that it is not responsible as the car had already been released prior to the draft being presented which is true however even if we had held the car until going to the branch, when we were told it was fine, we would have let the car go. We also are unhappy that it took so long to discover the fact the draft was fraudulant as the vehicle was fitted with an expensive recovery system which although it was activated some two weeks later, failed to recover the vehicle because it had either been compromised or the car taken abroad.

We have the full backing of our local MP who is due to raise this matter in the House of Commons but we are both very interested to hear if anyone on this forum has any views on the case.

Rgds,

Mike

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Well I would have thought the glaringly obvious point is whether the staff are allowed to make claims about a bankers draft or not, they did! You weren't to know AND you have proof they are continuing to do so.

 

I would have thought you have a strong case, I'm just speculating though. I'm sure a mod or two will be passing through soon..........

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We had a letter prsonally signed from Sir Fred Goodwin saying his staff would not make such a claim as they do not have the technology to check drafts so that same day we went to three local branches of the RBS and asked if they could verify a draft. One response was it would three days to clear just like a cheque, another was from the manager who said she could check it immediately, the third said don't worry, a draft is better than cash!!

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I think you need to get "real" legal advice on this one. But my gut feeling is that you are screwed as all the cards are in the banks favour.

 

Now Im assuming you have reported this to the police because the crime was committed by the crim who ripped you off. Now the staff in the branches can claim the moon is made of green cheese and ham BUT you really need to get formal legal advice on this one or the bank will take you for a ride like the fraudster took you for a ride with the bankers draft.

 

Mailman

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Negligent Misrepresentation on the banks part who acting as an interested third party caused you to release the car. There is responsibility there and this would be held up in court... as mentioned I would seek professional legal advice as they can look into all the particulars of the case.

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Negligent Misrepresentation on the banks part who acting as an interested third party caused you to release the car. There is responsibility there and this would be held up in court... as mentioned I would seek professional legal advice as they can look into all the particulars of the case.

 

You would have a hell of a time proving this, not because the courts are in the back pockets of the banks BUT because it would be up to you to PROVE the bank knowingly ripped you off.

 

More likely their defence will be that its not bank policy for branch staff to say whether a particular draft is legit or not (you can see why from this situation that a bank would have this particular policy).

 

As people have said, you need to get some real legal advice and go after the crim that ripped you off in the first place.

 

Mailman

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Not necessarily - you would have to prove that they did it knowingly if it were fraudulent misrepresentation.. negligent misrepresentation is where whether they believed themselves to be correct or not they are under a duty of care to make absolute certain

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We have today received a copy of the letter that the Rt Hon Mr Davies, our MP, has sent to the current Financial Secretary to the Treasury, teh Rt Hon Jane Kennedy MP as she has now replaced the Rt Hon John Healy. Mr Davies has discovered that there is currently no time limit on when a bank can counterdemand payments although he tells me that this is due to change in November with the implementation of new procedures. These are designed to reduce the period of time it takes for cheques to "clear" and the introduction of a commitment from the banks to provide a cut off point beyond which cheques can no longer be returned unpaid. Unfortunately this will not help us but things are changing so surely they realise there is an issue with drafts.

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