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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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Pauline v's RBOS Question?


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Guest willowb

All of them love, apart from the obvious standard monthly fee. So, referral charges, unauthorised overdraft fee (going over limit), returned chq and dd charges etc....and if these charges have made you go overdrawn in the first place, you can claim the interest charged back also.

 

Just ask hun if you need help.

 

Good luck

Wx

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I have sent off the Data Protection letter with cheque to ask for statements etc from RBOS and obviously have to wait for their repsponse. Please can anyone tell me what exact charges i can claim for. I know i can claim for being overcharged for direct debits, standings orders but is there anthing else? Can i claim for fees charged for being over my overdraft limit or for cheques being return etc ? Just want to be prepared for when they answer. Or is there anything on this site i can read that would help. Thanks.

Having just done this I can tell you precisely what to look for on the RBOS statements.

 

In the "Particulars" column on the left of the page look for anything that begins "CHG" (rather obviously) however, sometimes the fees for certain types of accounts, for example Royalties Gold can sometimes be lumped together with additional charges. One of my statements looked something like this.

 

Particulars

BALANCE FORWARD

 

INT TO 28FEB A/C 00000000 11.83

CHG TO 28FEB A/C 00000000 30.00

CHG TO 28FEB A/C 00000000 14.58

 

CHG UNPAID ITEM(S)

CHQ

 

CHG UNPAID ITEM(S)

D/D

 

CHG UNPAID ITEM(S)

S/O

 

CHG CARD MISUSE

You claim the amount in the "withdrawn" column but with reference to the top entry, INT is the amount of interest charged on the overdraft (if you have one) and cannot be claimed, the second entry, CHG is the charge for the Royalties Gold account (at £10 which it used to be, its now £12) plus £20 of other charges, you can only claim the £20 of other charges. The third entry (again this is only in my case) is for overdraft loanguard cover, which again cannot be claimed.

 

All the UNPAID ITEM charges can be claimed allong with REFERRAL CHARGE which should also be preceeded with the prefix CHG printed in the left hand column.

 

Hope this is helpful and not to obvious!

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Guest willowb

 

INT is the amount of interest charged on the overdraft (if you have one) and cannot be claimed

 

Hi Hagenuk, I think that this can be claimed back IF the charges have put the customer into overdraft in the first place.....this means cross referencing statements, which I did, to actually find this out. I think some people don't bother but in my opinion, the banks are charging interest on overdrafts which, if were caused by unfair penalty charges should rightfully be reclaimed.

 

And, as for separating their charges, like taking the std fee of £12 away from the account charge, why? they didn't bother separating it when they charged you! How are you supposed to know that they are two separate charges? I think they'd have a tough time trying to justify that infront of a judge!

 

But this is just my opinion!

 

Wxx

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Hi Hagenuk, I think that this can be claimed back IF the charges have put the customer into overdraft in the first place.....this means cross referencing statements, which I did, to actually find this out. I think some people don't bother but in my opinion, the banks are charging interest on overdrafts which, if were caused by unfair penalty charges should rightfully be reclaimed.

 

And, as for separating their charges, like taking the std fee of £12 away from the account charge, why? they didn't bother separating it when they charged you! How are you supposed to know that they are two separate charges? I think they'd have a tough time trying to justify that infront of a judge!

 

But this is just my opinion!

 

Wxx

 

Hi WillowB

 

You are correct on both counts but claiming interest charges can get very complicated and is often not worth the extra work involved for what is a usually a tiny sum, plus it may give the bank a reason to argue.

 

With regard to the account fees, I have subtracted them from the total charge as I know them to consist of separate charges, a proportion of which I had agreed to (i.e. the Royalties Gold Account fee) and therefore wanted to ensure that the bank have absolutely no wriggle room and as above, absolutely no reason to argue.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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