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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.

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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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Money Debits My Account For Standing Order or DD The Day before It's Due


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Hi,

 

I bank with cahoot and have noticed over the last few months or so, that the day before a direct debit or standing order is due from my account, my balance is reduced by that amount.

 

It happened yesterday where a s/o was due out of my account today, yet my balance was reduced by the exact amount of the s/o yesterday.

 

Finally got a response back from them and they say it left my account today. Looked and the s/o details are showing for today yet the amount was debited from my account yesterday.

 

Has anyone else had the same issue?

 

Bel

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  • 2 months later...

standard with banks, particularly at weekends. if you have two payments due on a sunday, one a so, the other a dd, the so will be paid on the friday and the dd should only be paid on the monday. however, the bank deduct the dd amount from your balance at the end of the friday, but it doesn't actually get paid til the monday.

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A & L (Santander) did this with us also and of course you are not sure where the funds are and then there is a panic as you think you may not have enough money to pay DDs etc. We cancelled both out Cahoot and A & L accounts.

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  • 1 year later...

Just a quick question,

 

Whilst checking my banks T&C's over various other cock ups that I feel they have done, I read that they would write to me within 2 workings days if they do not honour payments due to insufficient funds etc.

 

My bank has not done this for about three years - all I get is a letter once a month or the other way I find out is by checking my account or the recipient sends me a letter to say that the payment has failed.

 

As they have failed to keep to their own T&C's, is there any recourse for me to go back to them and claim the charges back? We have a legal agreement - the CCA of which their T&C's form part of that agreement.

 

If they haven't kept to it, on that particular point would I have strong argument to ask for those charges to be refunded?

 

I'd be interested to hear your thoughts on that?

 

many thanks,

 

Bel

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Yes, I think that is a very reasonable point of view and that you should claim your charges back.

Which bank?

Be careful because once you try to claim charges, they will turn against you in a most vinictive way.

The banks are without honour.

Which bank?

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Is this an unarranged overdraft they are adding charges to ?

 

Did you ask for an overdraft at all and been declined?

 

(If they can launder drug money for the Columbians and break sanctions by sending money to Iran, they are hardly bothered by some T&C breach).

Edited by Conniff
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All banks become extremely nasty when challenged. They are bullies and they don't like anyone who tries to stand up to them

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Hi Conniff,

 

The charges are because I was OD and payments were bounced. This was on an authorised OD. In some cases they charged £25 for bouncing a £3 Paypal payment.

 

My point is, if they are not keeping to the legal contract that we are both bound by, do I have a legal argument to reclaim the fees where they have not written to me within the timescale that their T&C's set out?

 

BankFodder - again, if they get vindictive, is there action that I can take??

 

Thanks Guys,

 

Bel

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