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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.
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      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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I owe RBS, do I get paid my charges….


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I don’t know if any one has the answer to this. I have a loan with RBS but have just

 

started a claim for my bank charges. In the event that this claim is in my favour would I be

 

paid this money or it would go straight towards my loan even though they are 2 different

 

account numbers putting in mind that the account I am claiming against is not active

 

anymore. The account is not close but I don’t have access to it anymore. it's been lock by the bank Please advice

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Your loan has a completely separate agreement and won't be affected by your claim.

 

Unless you are in arrears with the loan, then there is no reason that the bank can offset the settlement against the loan.

 

Why is the bank account frozen? Is it overdrawn? If so, then any settlement would probably be offset against this.

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Thanks for the swift response

I don’t know if I would say it’s in arrears or not but the situation was, I couldn’t meet up

with the actually agreed monthly payments. So I wrote them a letter through a third party

and got a smaller payment agreement with the bank. The new arrangement is up to date

and still on going as we speak.

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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The account was not overdrawn it was just frozen because I couldnt keep up with the loan payment and I arranged for reduced payment it was then passed to their debt management department in somewhere in Birmingham or Telford.

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 3 weeks later...

Hi everyone this my situation is a very awkward, have serched all the forum without any luck with any answer and I had to PM Bankfodder, then decide to start a thread on it.

 

Hi ,

 

Sorry If this thread is meant to be somewhere else on the forum..

First of all I will like to thank you for this site and helping people without courage to fight their bank against unfair bank charges.

Just wondering if you could advise me on this, I had a current account with Royal bank of Scotland, took out a £19,000 (+ £5000 PPI) loan to consolidate my debt. The loan account is a different reference. Towards the end of 2004 I lost my job and couldn’t keep up with the loan payments. I turned to one of the debt management company who manage to negotiate for me to freeze the interest and reduce monthly payment £86 a month, have never missed any payment since.

About 6weeks ago I wrote to Royal Bank (Debt management in Telford since my account is handle by that department now) to have the PPI on my loan taken off, to my surprise I got a call from a guy advising me they’ve agree to take the PPI off with has reduced my Loan by almost 5k.

Then I decide to try and see if I could claim bank charges on my current account. Request for my statement calculate all the charge and it came to a total of £1996.52. Wrote to Royal Bank in Telford again and got a letter from them saying my complaint to refund charges has been passed to customer relation as the request for bank charges refunds are dealt with by that department. The customer relation has written to me since then with the usually terms and condition crap that they would not be refunding the charges. They’ve also refuse to refund me with the second request (letter before Court action).

 

My next move now is money claim. But what I would like to know is in the light that I get a refund back are they going to pay me this money or put it towards my outstanding loan? I personally would have thought they should as this charges was taken illegally and it was when my account were still up and running and in good shape.

 

Please kindly advice me on this and if there is any template letter or legal argument I could slam the bank with, in the event that they want to pay the charges into my Loan :?

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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The claim is got nothing to do with my DMP. The refund I got back on the PPI I did on my own initiative. The DMP just update their own record with the letter RBS sent to me informing me about the PPI refund.

 

The DMP wouldnt have known that I got a refund back for the PPI if I didnt inform them.

Am not really sure if I can base the refund on my own terms .:?

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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This is just my opinion

 

The banks agreed to halt interest on your loan to benefit you. They agreed to the DMP. Now, for me, I cant see the arguement against the bank completely offsetting the amount from your loan.

 

Could the bank, upon paying you this money and you keeping it, not decide to right to the Debt Management people and say, WOW hang on, we have just hgiven him £XX.XX and he hasnt paid us back, thats not the spirit of this agreement, we want our money now and we will add interest.

 

Like I said, just my view

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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  • 3 months later...
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