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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.

      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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just starting out **WON**


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having had a lot of problems with my bank rbos they have sent me a letter to say they have closed my account and i have to pay them over 5000.00 pounds back. most of this is charges and they have also added my loan onto this which was never in arrears. cant pay loan anymore as everything has gone to a part of the rbos which just deals in paying off debt. what do i do?

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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im pretty sure that the bank cannot just cancel a credit agreement like that without exceptional cause, and as you have said, that the loan wasn't in arrears, something doesn't seem right here.

 

hmm i'll get someone to give you a definitive answer

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HSBC- £4995, settled payment in full

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Unsure about what to claim, or confused about overdraft interest? Charges explanation

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the bank told me that it was going to be sent to their recovery section and advised me to have my money paid into another account and stop all transation with them. as i was over drawn with charges then any money paid in would come off the charges not the loan. since then 2 payments of loan have not been paidas the current account and loan account have been merged into one also my saving account which by the way only had 83p in it has been closed by them.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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Susan im sure they would have a hard time trying to get this paid back in court as you have not defaulted in any way, as long as you send in a cheque each week and offer the payments, im sure you are in the clear.

 

Place in with the cheque specific instructions that the payment is to come off of your loan account only and only if they agree with this action should they continue to cash the cheque.If the bank chooses to decline the cheques then it will not do them any favours.

 

I can not see how they can merge your overdraft with another loan account as all loans have seperate account numbers unless you sign to have them merged.?

 

I am in debit for a long time with LLoyds but still tehy have to keep debits seperated and as i get cash i pay into which one i choose.

 

Have you carried out the Data Protection Act letter yet?

This would give you a break down of all accounts and amounts in each.

 

BL

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the bank told me that it was going to be sent to their recovery section and advised me to have my money paid into another account and stop all transation with them. as i was over drawn with charges then any money paid in would come off the charges not the loan. since then 2 payments of loan have not been paidas the current account and loan account have been merged into one also my saving account which by the way only had 83p in it has been closed by them.

 

i dont mean to be pedantic but please could you explain exactly, and in detail what has happened?, from start to finish, that way we will be able to get a cleraer picture and hopefully be able to help

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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i received letter this week rang them to discuss what my options were. they asked for a breakdown of income and expenses. then told me to pay 15.00 per week. in the meantime charges for being overdrawn were still being incurred but if i made payments every week for 6 months they would consider refunding 1 or 2 charges but only if i could prove to them that i was serious aboput repaying my debt to them. I have just printed off the form to see haow many charges i have actually paid to the in the last 6 years but im sure it must be thousnands. as an example my dad was dying and i had 3 things comiong out of the bank that day. i rang the branch and told them i couldnt get in to pay the money in as my dad didnt have long left to live. this was at 2.10 they told me if the money wasnt in the account for 3 them the charges of having 3 items returned would stand. my dad passes away at 2.40. the charges stood. 105 pounds in charges just in one day because i couldnt leave my father. when i went to the bank the following week i was told people will tell us anything.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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obviously, this is very distressing for you, we do appreciate it can be extremely difficult for some people on here, we will endeavour to get to the bottom of this, please just give us everything from start to finish :oops:

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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right her goes. i have a current account and a loan account. my loan account has been running for about 2 years without ever missing a payment. my current account hasnt been that good im afraid. with 5 children mioney can sometimes be tight. and as you do rob peter tio pay paul. or i would write a cheque and hope it would only clear when my money had gone in and i know i was in the wrong by doing it but the bank would let the cheque bounce threee time and therefor incurr 3 charges of 35 per cheque. its only recentley that i have discovered the 35 per charge is essecive. i was just told its in the terms and conditions.i have kept in close contact with the bank totry to resolve the problem and they kept upping my overdraft. then they put me a repayment progrmme which i couldnt afford then they told me to have my child benefit and wages payed into somewhere else and go for bankrupcy or to their debt rrecovery team. after several more telephone conversations they have told me to pay them 15pw for 6 months and they will look at refunding 1 or 2 charges . so i pay 60 pm back to them and they are still charging me 35 pm for being overdrawn. it seems a visious cirlcle i cant get out of

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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Susan

I am in very similar circumstances.

I am with repayment but with lloyds. ( off sick now 12 months)

I am £3000 in debit, this includes £1800 over draft.

 

They can not take what you can not afford to give.

 

Income and expenditure should show them what they can have, as by law they have to leave you an amount to live on.

 

regarding your loans, if you still wanted to pay regular full amounts then as i wrote above allocate that money specifically.

But be carefull they dont think you have extra money.

When i have paid in a large payment to reduce the balance, I have advised my mum is funding the payment rather than it get defaulted.

 

I am better off now i am with the collections side, as i only pay 8% off my total owed.

 

So They know you are in a fiancialy bad place and are making your situation worse, this is the sort of thing this site feels so!! strongly about and you will get alot of help here from all sides, and if you have some extra problems there are a few good listeners on here to.

 

take care

BL

PS and the cheecky sods will pay all your charges back if this site has anything to do with it :-)

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Susanne.

 

Time to take control here. Deep breath, have a cup of tea.

 

The very first thing to do is to write to them saying that you are disputing the amount you owe, and that they can not default you until the dispute is sorted. If you get contacted by their DCA, advise them of the same so that it will get back to the bank.

 

Do you have all your statements for the last 6 years? If not, go to the Library and make a SAR - (Subject Access Request).

If yes, start going through it all, and highlight all those charges.

 

You need to have a good read of the FAQs and step-by-step. However harrowing your circumstances, I'm afraid they count for nothing when it comes to the law. And if we strip the facts of how appallingly you have been treated, the one thing that stands out is this: They have buried you under an avalanche of unlawful charges, and it's time to go and get them back.

 

As for the loan (unsecured, I assume?), I fail to see what grounds they have to call it in if you kept to the payments. This at a later stage may well justify a complaint to the Ombudsman, but let's not worry about that right now.

 

I suggest that you work out how much you can pay them per week? month? in such a way that you would be able to keep to those repayments without fail. Tell them that you want the interest frozen and the charges stopped until you're paid up. Send them an initial payment with your proposal.

 

I strongly suspect that if they have lumped in your loan with your existing o/d, they are now charging you interest twice: once for the interest that was already incorporated in your loan repayment, and the "rolling" o/d interest that would be levied on the total debt (including loan money + interest). Plus of course, the interest on the charges. That will make for some difficult calculations, but no fear, we have better maths people than me (otherwise, you'd have problems, lol!).

 

So, to sum up:

SAR or calculate charges, depending on whether you have your statements or not.

Letter to say you dispute charges, offering a repayment plan that suits YOU. Include 1st payment. Don't let them tell you what your repayments should be.

 

Have you already opened another account? If not, do it asap. Once your money goes elsewhere, they can add charges to their heart's content, they'll only be adding money they'll have to remove at a later stage. As long as you have access to your money, that's the main thing for now.

 

Remember that if they threaten to take you to court, a judge would only grant them what the law says is reasonable for you to pay once all your essentials have been paid. Quite often, it will be far less than what you offer to repay and of course, a judge will not take kindly to a bank that insists on going to court if you have made every reasonable effort to mediate.

 

Keep us posted.

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sent letter on 7th july for statements for last six years as i havent got a clue as to how many charges i have received. just waiting now. can i still ring the bank to discuss my loan payments and do i need to tell them that i will be claiming full refund or do i wait

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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i have another account with abbey and all money now gets paid into here. started another thread in the royal bank of scotland forum. will keep you posted

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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sorry but just got off phone to credit management services. didnt discuss trying to claim charges back. just wanted to know what was happeing with my account. she told me all of my acc were suspended and it didnt matter which account money came into it would all come off total amount outstanding. when amount was settled in full then all my accounts would be closed and i wasnt allowed another account with rbos ever again!!!!!! when i have checked my credit report. it shows i am 3 payment behind with my loan when i have never been in arrears with befor. but she said when i defaulted on my current account then all my account come over to them (credit mamagment services). have i done wrong. i have another thread in the welcome forum. all details of whats been going on in there. dont know how to merge both threads together any help.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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4 months ago the bank told me i had to pay the overdraft back which with interest and charges was 1772.87. said i couldnt do it. sothey told me credit managenet would contact me. in the meantime find another account and have all money paid into that. wait for the cmt to contact me. when they did they said my loan is 3521.00 and my current account is 1772.87. all accounts have been suspended. i havent made a payment for loan since they told me to wait, so 3 payments have not been made. they also said when one account comes to them then they all do. have told them on the phone this morning that i will set up a s/o for my loan payment each month.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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Ok, just re-read 3 times from start, I think I get it. Please correct me if I'm wrong, we need to understand this correctly.

 

Your current account - arrears, charges, etc...

Your loan account - run on time, no arrears.

RBOS have merged both accounts and sent them to their recovery dept. As what you pay goes into the total debt, your loan doesn't look as if it's being paid, so your credit file shows you as falling further and further behind on your loan. Meanwhile, they are still adding charges.

 

Have I got it all right? Please let me know.

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spot on but in phone call this morning she said only interst in being added on now by the month at 20 odd pounds

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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i know you have to give them 40 days to send out bank statements but they havent even rang or sent an aknowlegement letter out cheque hasn't been cashed as well. i sent the sar on the 7th should i ring them to see if they are preparing the statments for me as i have been reading other threads and a lot of them seem to have heard something by now

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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  • 4 weeks later...

got statements through this morning after a SAR and 3 follow up phone calls. after a rough calculatuion they owe me around 7 thousand pound but im confused can i reclaim referal charges and charges for misuse of a card.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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