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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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robbie starts to kick **WON**


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Hi everyone. have spent a few days reading the F.A.Q section and its quite hard going but i think I'm going to get involved in this.So far i have sent the bank a first letter asking for £292 off some statements i had in the house.I have had the standard "we will look into it" response.Since i have found out that i have the chance to claim for all charges over the past six years.Its 19 days since i sent the letter and nothing yet. I have now sent my request for information for the last six years and the £10 fee.When i get the infomation will i be able to ask for the £292 and all the other fees in my claim form , or will i have to do the process all over again and have two requests for fee's running?

 

Hope i made that clear,thanks for all the help and good luck to everyone.:)

Data Protection Act sent 17/June/06.......cheque cashed 24/June/06:o

1st Letter asking for it back sent 02/08/2006:|

LBA sent 14/08/2006:(

MCOL ISSUED 31/08/2006:)

A/L acknowledged 01/09/2006;)

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All you need to do is wait until you know all the charges and then send your first letter again (maybe explaining that you were previously unaware of these additional charges)

 

I think maybe you need another read of the FAQs and the step by step guide and other A&L threads so as you fully acquainted with the process and all the various stages.

 

If you get stuck on anything just ask in yoyr thread

Good luck

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thanks for that,will try to find the step by step guide:???: .have been telling people about this at work and there all dying to get going.thanks again,rob.:-)

Data Protection Act sent 17/June/06.......cheque cashed 24/June/06:o

1st Letter asking for it back sent 02/08/2006:|

LBA sent 14/08/2006:(

MCOL ISSUED 31/08/2006:)

A/L acknowledged 01/09/2006;)

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hi gang have had a letter from a&l about the £146 i claimed before i got serious and sent my request for statements for six years.I think that if i accept the £146 they are offering me that they will not enter into any more claims,as i intend to claim everything from the last six years.I have typed the bones of the letter here to see what you guys think.Should i decline the offer and tell them i intend to claim everything or should i accept and start a new claim ?.heres what they said.

 

 

"thank you for contacting us (blah blah......) i have reviewed the circumstances in which the charges were raised and can confirm that they have been applied to your account correctly in accordance with our charging policy.

Although these charges are correct,i i have taken your situation into consideration an i am prepared to offer £146.00 of charges to your account on this occasion,as a gesture of good will.However i must advise that any further charges raised correctly on your account in future will stand."

 

then it goes on to tell me that details of charges can be found on the back of my statements.and how to avoid them.

 

"I am sorry that you have been disappointed with our service and hope you will feel able to accept my offer of £146.Please sign and return the enclosed copy of this letter in the prepaid envelope provided,within the next 28 days.I look forward to hearing from you and will be pleased to provide any further assistance you may require.yours.........

 

 

I/WE confirm acceptance of the offer detailed in this letter as settlement of this complaint."

 

they haven't sent a duplicate of the letter and they haven't sent a reply paid envelope,cheapskates.!!!!

 

well guys what do you think?.i have sent for all my statements (34 days to go)

robbiedonkey.

Data Protection Act sent 17/June/06.......cheque cashed 24/June/06:o

1st Letter asking for it back sent 02/08/2006:|

LBA sent 14/08/2006:(

MCOL ISSUED 31/08/2006:)

A/L acknowledged 01/09/2006;)

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Thanks Michael,your a true diamond:D .Will keep you posted on further developments,rob.

Data Protection Act sent 17/June/06.......cheque cashed 24/June/06:o

1st Letter asking for it back sent 02/08/2006:|

LBA sent 14/08/2006:(

MCOL ISSUED 31/08/2006:)

A/L acknowledged 01/09/2006;)

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Hi Robbie

 

I think Michael is right about this. When you get your statements go for the lot. They are only offering 50%, although it is 100% unlawful. If you decided to accept it as part payment (making it clear it is part payment), there is nothing preventing you from pursuing the rest.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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hi everybody, have sent my request for charges,was cashed on 24/June/2006.CHEEKY BA****DS have charged me a £25.00 paid transaction charge as they took £100.00 in charges the day before that made me go over my overdraft limit.

 

On a brighter note have told loads of people about this site and they are all login on and really excited about getting the money back that the banks have fleeced them for.

 

bring it on !.:-) :-) :-)

Data Protection Act sent 17/June/06.......cheque cashed 24/June/06:o

1st Letter asking for it back sent 02/08/2006:|

LBA sent 14/08/2006:(

MCOL ISSUED 31/08/2006:)

A/L acknowledged 01/09/2006;)

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CHEEKY BA****DS have charged me a £25.00 paid transaction charge as they took £100.00 in charges the day before that made me go over my overdraft limit.[/quote]

 

Ho hum. That'll be another £125 they'll have to pay you back then! 8)

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  • 2 weeks later...

hi gang,i have a new development in my case.i have opened my parachute account and all is well with that.i even got £50 for moving to them.

i had a call today from my new bank saying that they had asked alliance for a list of my direct debits,and they were told that they had not received the request from my new bank.my new bank is now going to send me a form to give to alliance & Leicester asking them to give the information to my new bank again.

 

I suspect that this is foul play from alliance & Leicester as they well have noticed that i intend to run my money matters from my new account.

 

I wonder if they have received my request from work to have my wages paid into my new account ?

 

If i don't get my direct debits set up in time in my new account and alliance & Leicester then charge me a load of fees because i have moved the money to cover the direct debits that should of come from my new account in to that account,will i have any recourse apart from claiming the charges back?.

 

hope this is clear?.

 

on another note have sent a reminder today for the list of charges,still haven't had a acknowledgement.just to let them know I'm not going to go away.they have got till the 26 July.

Data Protection Act sent 17/June/06.......cheque cashed 24/June/06:o

1st Letter asking for it back sent 02/08/2006:|

LBA sent 14/08/2006:(

MCOL ISSUED 31/08/2006:)

A/L acknowledged 01/09/2006;)

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  • 3 weeks later...

THERE HERE,well most of them are.My statements that is they came today 27/07/2006 .I bet the post woman nearly had a fit,58 envelopes for the same house.Some are missing though.10 to be precise,will have to get onto the bank in the morning.Will probably get the "they are in the post" routine.Thing is i used to be a postie and mail like this would come into the sorting office in a bundle all together and would be sorted just once so they should all be together.The bank have missed them.I got got ten duplicates though.

 

Had a good check through the ones that i have got and I'm looking at £2830.50 so far,will keep you all posted.

Data Protection Act sent 17/June/06.......cheque cashed 24/June/06:o

1st Letter asking for it back sent 02/08/2006:|

LBA sent 14/08/2006:(

MCOL ISSUED 31/08/2006:)

A/L acknowledged 01/09/2006;)

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What a waste of money posting them in so many envelopes. I wonder what the shareholders would think.;)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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well the day has come ! i have sent my first letter asking for the money back.A grand total of just over £3000.

Will have to see if they feel like a long drawn out job or they pay up after the 28 days.I would imagine the way A/L work it will be a slow job,but time is on my side.:lol:

Have copied my letter in this post so it can be of use to any one who wants to use it.;-)

 

Dear Sir/Madam,

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last six years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £xxxxplus £xxxxwhich you have charged me in overdraft interest for the sum which you have taken. Total £xxxxx.

I enclose a schedule of the charges which I am claiming with this letter

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Sincerely,

Copied this from one of the posts in the forums,hope that was ok ?.

I hope they know that i mean business as these people have made my financial affairs hell over the last six years and i intend to get back every last penny from the rob-dogs!

Data Protection Act sent 17/June/06.......cheque cashed 24/June/06:o

1st Letter asking for it back sent 02/08/2006:|

LBA sent 14/08/2006:(

MCOL ISSUED 31/08/2006:)

A/L acknowledged 01/09/2006;)

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hi all,have today had my reply from A/L

Data Protection Act sent 17/June/06.......cheque cashed 24/June/06:o

1st Letter asking for it back sent 02/08/2006:|

LBA sent 14/08/2006:(

MCOL ISSUED 31/08/2006:)

A/L acknowledged 01/09/2006;)

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HI all ,have today had my first reply from A/L after sending the first LBA saying that they are sorry that I'm disappointed ,but the charges must stand.

Question is do i now wait the full 28 days in the meantime send the second letter before action or do i issue my claim now as they have said that they are not willing to pay back the money?

any thoughts on this ,i know what i would like to do is issue the claim right now but what do you guys think?.

 

buy the way guess who did not sign the letter? M Parker,seems just like everyone else's standard computer generated letter

Data Protection Act sent 17/June/06.......cheque cashed 24/June/06:o

1st Letter asking for it back sent 02/08/2006:|

LBA sent 14/08/2006:(

MCOL ISSUED 31/08/2006:)

A/L acknowledged 01/09/2006;)

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Hi there,

 

Ok, so you have received your statements, sent the prelim letter got a standard reply then sent the LBA? If this is the case then you need to wait 14 days from the day you sent the LBA, when the 14 days are up then you move to the moneyclaim stage.

 

Hope this explains for you.

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hi this is where I'm at,i have asked the bank for my statements,then sent them a reminder letter as i had not had any thing by day 17,then got all my statements on day 41,have calculated how much they owe me up to august 2.sent them a schedule of charges (list of dates,amounts and reason for charge) with the letter i have posted in this forum.this i would call my first letter before action.

 

so do you now suggest that i wait the 14 days from when i posted the first letter before action and then fill in the money claim.Or then post the second letter before action on day 14 ,wait the further 14 days and then fill in the money claim form?

 

seems to me they will send the standard letter again after receiving LBA 2 so why wait or as i have given them 28 days to comply do i have to stick to that timetable?.

Data Protection Act sent 17/June/06.......cheque cashed 24/June/06:o

1st Letter asking for it back sent 02/08/2006:|

LBA sent 14/08/2006:(

MCOL ISSUED 31/08/2006:)

A/L acknowledged 01/09/2006;)

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.Or then post the second letter before action on day 14 ,wait the further 14 days and then fill in the money claim form?

 

.

 

Yes, send prelim letter, 14 days later send LBA, 14 days later file at moneyclaim because:

(a) you are giving them 28 days, which the courts consider a reasonable time.

(b) it works, and if it works don't fix it.

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Yes i agree, if they have replied to your 1st letter saying 'no chance' then send them what you would call the 2nd LBA now and wait 14 days. When these 14 days are up moneyclaim it is.

 

As michael says this is 28 days in total. This is giving them a reasonable amount of time.

 

Hope this helps.

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  • 3 weeks later...

Originally Posted by robbiedonkey

:confused: hi all, well I'm nearly there.I am going to fill in my mcol in the morning.I have one question i want to ask you all as the collective oracle.the bank account is in my WIFES name,on the claim form WHO should i name as the person claiming the money.I have done all the work on this,all the leg work,all the reading all the digesting all the letters to the bank etc etc.I haven't minded doing this as we will spend it together,but i know she will not turn up a court to defend her claim.so doi put my name on the papers or hers and go as her Representative ?

hope you can help guys,thanks.

 

sorry guys posted this somewhere else but still need an definite answer

Data Protection Act sent 17/June/06.......cheque cashed 24/June/06:o

1st Letter asking for it back sent 02/08/2006:|

LBA sent 14/08/2006:(

MCOL ISSUED 31/08/2006:)

A/L acknowledged 01/09/2006;)

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Surely the letters have been in your wifes name or has she given the bank permission to give you information.

 

I would say that the claim is hers as it is her account, but she is allowed anyone to represent her in court, so that shouldn't be a problem. I don't believe that you would be able to claim her money, so I am sure it must be in her name.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Quote:

Originally Posted by robbiedonkey

just one more thing does my claim invole the human rights act,it asks on the mcol form.If i intend to tell the judge that my wife has suffered at the hands of the bank for depression as they have helped themselves to the money ,would this be the human rights act ?.

 

 

what do others think of this?.

Data Protection Act sent 17/June/06.......cheque cashed 24/June/06:o

1st Letter asking for it back sent 02/08/2006:|

LBA sent 14/08/2006:(

MCOL ISSUED 31/08/2006:)

A/L acknowledged 01/09/2006;)

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  • 3 weeks later...

:razz: I WON,YEEEHAAAA

GOT MY CHECK THIS MORNING FROM THE BANK.

Got up this morning,took the dog out,came back and on the mat was a letter from A/L.Opened it and inside was my cheque.

 

Just as a note to all i did as someone else said and sent a list of the charges to the solicitor at A/L direct by e-mail.Two days latter there it is.

 

Went into the bank this afternoon to pay the cheque in and asked the lady on the counter to ask me what i had got the cheque for,told her and all the staff in the branch were riveted to my story of how i and YOU GUYS got my money back.They even said well done.

 

Thanks again guys,donation coming as soon as the cheque clears.:) :) :):razz::)

Data Protection Act sent 17/June/06.......cheque cashed 24/June/06:o

1st Letter asking for it back sent 02/08/2006:|

LBA sent 14/08/2006:(

MCOL ISSUED 31/08/2006:)

A/L acknowledged 01/09/2006;)

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