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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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Santander succeed in having charges case removed from small claims track ***WON***


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A question I tried posing to Bankfodder but his in-box was, as usual, full.

Having had a quick 'shufty' at bcob I couldn't find anything on retrospection.

I shall work on the basis that if a situation was wrong ,however many years ago, then it's wrong now. That being the case the SOL shouldn't enter play.

PLEASE anyone who KNOWS otherwise - mods(?), Banky - please let us know.

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I think it depends on the arguments GLC has used how far back we can claim. I tend to agree with Kenny, that if charges are wrong now, they were wrong way back when, but then of course the banks all changed the way they charged in the light of all the claims in 2006/7 and the OFT's case against the bank - not that they thought they were doing anything wrong of course. :roll:

 

It's a shame Santander didn't lose in court, but the fact they were prepared to settle before the case is an indication that they weren't confident that they'd succeed.

 

I'm sure we'll hear more in the coming weeks and months about this which will make things clearer.

 

The main thing is that at last we have positive news about reclaiming bank charges.

 

Congratulations and well done to Mike Dailly and the team at GLC, and of course to allix (Walls) for having the courage and conviction to take on Santander.

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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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None of the cases - Reid, Walls or Sharp - are particularly recent cases (Sharp probably first went into court about 18 months ago). Being Scottish cases it may be that they cant be claimed back further than five years, but this would be since the the case first went into court - for instance if I am right about Sharp then it would be five years back from end of 2011 - so 2006 at least i would have thought. But we just dont know - best to wait for events on Monday 2nd.

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How far back would you be able to go using BCOBS?

 

It is my understanding that BCOBS covers anything from 2009

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BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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This case dates back to around 2010, and the claimant at that time was claiming back six years, which is well before the BCOBs were introduced,

 

 

 

Santander was being sued for £3000 by NHS worker Allison Walls for what

she believes were six years’ worth of unwarranted overdraft charges

 

 

http://www.heraldscotland.com/news/home-news/customers-hit-by-death-blow-in-bid-to-sue-banks-1.1041325

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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  • 3 weeks later...

Caro said

It's a shame Santanderlink3.gif didn't lose in court, but the fact they were prepared to settle before the case is an indication that they weren't confident that they'd succeed.

 

Any case details yet available??

And CitizenB reckons

It is my understanding that BCOBSlink3.gif covers anything from 2009

 

Why only 2009 when we tend to use Acts passed in relatively recent times to support claims, some of which (claims) predate the Act which is now Law ?

Finally- anything on jdes post above?

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Caro said

Any case details yet available??

And CitizenB reckons

Why only 2009 when we tend to use Acts passed in relatively recent times to support claims, some of which (claims) predate the Act which is now Law ?

Finally- anything on jdes post above?

 

 

Please have a read of the BCOBs articles in my signature - they are highlighted in green :)

 

These will give you all the information regarding BCOBs

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Just to refresh my earlier enquiries (and very many thanks , CB, for your input;

Caro said

It's a shame Santanderlink3.gif didn't lose in court, but the fact they were prepared to settle before the case is an indication that they weren't confident that they'd succeed.

Still no details??

I also asked

Why only 2009 when we tend to use Acts passed in relatively recent times to support claims, some of which (claims) predate the Act which is now Law ?

Probably an idiot question but, then again, an idiot is asking.

Finally jdes asked

What's happening ?????

Regarding debate

 

Anything folks - afraid my crystal balls are somewhat cloudy these days

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Just to refresh my earlier enquiries (and very many thanks , CB, for your input;

Caro said

Still no details?? Sadly no.

I also asked Probably an idiot question but, then again, an idiot is asking. I assume that this is reference to when the BCOBS were introduced, but as we don't know the POC for this case, I think this is supposition.

Finally jdes asked

Anything folks - afraid my crystal balls are somewhat cloudy these days

 

As far as I know we're still hoping for news from GLC so I guess you need to polish your crystal balls for now. :razz:

I do hope that this case wasn't settled with a confidentiality clause...

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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Caro,

Many thanks for persevering with an old twonk like me.

Finally, my other question about pre-2009 was to do with BCOBs introduction. There are no poc as yet but if I felt BCOBs produces an avenue for approach then I'll do my best to exploit it; I just haven't stumbled across any info on retrospection as yet.

Ken

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I think this is a subject close to both of our hearts kenny. No-one will ever convince me that the treatment so many of us have had from the banks could possibly be right. We just have to find the right way to deal with it, and I happen to think that GLC is one of our best hopes to do this.

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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:rofl: :rofl:
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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All we have to go on is what it says on GLCs website kenny. http://govanlc.blogspot.co.uk/2012/03/unfair-bank-charges-update-from-glc.html#comment-form

 

If any more information is available I certainly haven't seen it.

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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