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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
        • Like

Bank of Scotland


GavinR
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Good morning folks, I have been speaking to the customer services about getting my charges back and so far they ahave offered me £150 but that ias abysmal and have rejected it , I have spoken to the oft and they said that there is no limit to far how i can go back so I have bank statements for the last 14 yrs i have been with them , I have never had an overdraft facility and the bank pleasured itself in allowinga non over draft account to go into overdraft by its very own charges and more , they say that for example if i went into a shop and used my card for say £20 shopping and only had £5.00 in acount the floor limit that is set would let that transaction be alowed rather than the card machine in shop say declined and i have asked why set the floorlimit at an amount rather than zero so transaction is declined ? but they would not answer, bet its because it then allows them to storm in with £39 charges, surely this limit should be set at £0 rather than stealth bank charges , . I am submitting papers to court once i see exactly how much has been taken over 14 years , any advice please , thanks Gavin

 

Mod Note: Please do not hijack someone else's thread.

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WHEN I STARTED ABOUT CHARGES THEY SHUT MY ACOUNT AS WELL, not taking into acount the fact i had a loan with them which caused me payment problems etc , I had been with them for 14 yrs

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i would put a claim in for the last six years, when they've paid up, use a seperate claim for the rest,read up about chasing back more than six years

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi I appear to have lost my previous postings regarding the bank of scotland so trying this one , I,m with or was with Bank Of Scotland until I queried bank charges and then they shut my account down and i have ordered 14 yrs worth of statements to claim cahrges back as the OFT say there is no limit to time so i,m told . I hope i,m posting this right this time not breaking into anyone elses thread as it seems to be called ? cheers Gavin , oh if any one else is tackling bos please let me hoh its going

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Hi Gavin

 

Merged your threads......

 

 

If you go into your USER CP - see the pale blue bar above? - or if you click on Private Messages, this will take you to your control panel.

 

On the left, click on List Subscriptions... your thread(s) will show up there.

 

Best of luck

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi Gavin, I'm taking on BoS, I got my charges and court fees back but they didnt cough up the 8% interest, so I'm due in court on Thursday to get that back too.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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WELL DONE !! i wish you wel and thank you for the reply , they should learn by their mistakes and move on wounded just like us customers after they have robbed us ? i have asked for last 14 yrs charges and statements, ive been with them all that time so its now time they paid up , well done to all on here for standing up for our rights at last ! remember banks of old ? it was like atending court to ask for a loan , bloody bank manager acting like god and making customers feel like he /she was , good luck and thank you for message

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can anyone tell me ? the OFT said ther is no limit to how far i can go back with these charges becuse i had been with the bank for about 14 years.

but when i went into the halifax today to pickup the last 6 years statements that the B.O.S had supplied I asked where the other 8 years statements were , i phoned blairgowrie branch to day and a girl there said that would be on the old system but can accessed. but the leagl section said that i can only claim 2000 to 2006 ? whos right ? OFT or BOS ?

because i have paid lots of charges in that previous period and wondered if some one here could advise thank you , and what i wondered if the B.O.S might try and destroy those previous statement records and should i raise an action for those records to be seized before being destroyed ? thanks

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Hi Gavin

 

I think you had mentioned that you were going to ask your bank for the account history - I may be wrong but were you referring to asking in person (i.e. over the phone or in branch)?

 

If so, that will possibly be the reason they will only offer 6 years worth.

 

You need to submit a full SUBJECT ACCESS REQUEST (SAR) with the fee of £10. See the Templates Library for the letter.

 

This has recently been amended to ask for a list of charges during your account history, rather than just 6 years max.

 

However, as we discussed, whilst it may be fair to reclaim beyond 6 years, there is still only a legal responsibility to hold 6 years of info - I suspect that no matter what you were told in person, they will deny that they have further back and supply only 6 years worth.

 

If, however, they make some claim as to the availability of data beyond 6 years being outside of the realms of a dpa approach, then we have them by the goolies.

 

I think you need to submit a full SAR and allow up to 40 days for the goods to arrive!

 

Sorry about the delay in responding....... busy busy busy!!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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but if they are being awkward surely we can arrest those records ? before they delete them ? can sheriff officers or police secure records though ?

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I think you have to go down the SAR request route. If they don't comply - fully - with that, then you can take action to force them.

 

I doubt very much that they will destroy records beyond 6 years because of this conversation.

 

Claiming beyond 6 years is fairly new and only just being tested now, but we do believe there is a case...

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi all

Bit new to this and my head is on information overload at the minute. I apologise if this question has already been posed elsewhere but I can't find it if it is...

 

My account is with Bank of Scotland (Marketgait Branch, Dundee) however I now live and have done for the past 5 years in South Yorkshire. Although I know they are both pretty similar, which procedure do I follow...the 'English' version or the Scottish one?

 

Any and all advice welcome and keep up the good work!

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Gavin - Go to the main forum page, look down the list a little and you'll see Bank Templates Library. Click there and you will see a range of templated letters and requests - you need the DPA Subject Access Request.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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