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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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For the bank workers.......


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If somebody asks for the last six years statements, do you automatically assume that they want them to get charges refunded ? And why do you ask why a customer wants them ? (as if you can say no anyway)

 

Just wondered as I requested statements the other day (which turned up today) and was asked why I wanted them. Erm........ as if he was going to go the extra mile and sort it all out there and then ! I don't think so !

 

Also, have you seen one of these letters come in to your office requesting charges are refunded and what was or is the reaction from staff ?

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If somebody asks for the last six years statements, do you automatically assume that they want them to get charges refunded ? And why do you ask why a customer wants them ? (as if you can say no anyway)

 

I left the bank before people started re-claiming charges, but I did used to ask why people wanted copy statments. The reason I asked was sometimes, the information they wanted was available elsewhere. If so, they may be able to get their answer quicker. Also some customers asked for copy statments to use as proof of previous address when applying, for example, to rent a house. Our copy statments don't show the address, so by asking why the customer wanted them, I could 1) save the customer £5 and 2) save them waiting a few days for somthing that would be useless to them when it arrived.

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Same as Andy999 really,

when i worked at Nationwide, it was before the whole charges thing. i often asked why, just beause they were available online. we didnt charge, but it just meant that it would save a whole lot of time and stop the customer coming back stating they hadnt arrived

 

I know that if a customer at the time was not registered online, the branch form did have a box asking if there was a reason (from what i can remember)

 

Aiden

Printed off all statements off the net 5/4/06

total ILLEGAL charges:

£968.95

Letter posted to Lloyds 6/4

LET THE FUN BEGIN!

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Until I found this site, no I wouldn't have thought anything of it. Nowadays I would suspect that they were probably wanting their charges back (and maybe wish them good luck!). Since DPA came in I've only seen 1 DPA request (and no-one had a clue what to do!)

(Yes I work for a bank but am here to help! Please be nice to me! :))

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I never saw a DPA request. I had a couple of people say they wanted certain information and quote the DPA, but it wasn't necessery for them to actually make a DPA request as the information they wanted was available to them anyway.

 

That's another reason we ask why people want things - why pay £10 and wait 40 days to find somthing that you can find out for free?

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  • 3 weeks later...

Also the (library) DPA request asks for any note for manual intervention, as this is part of the basis for the large charge. No one would charge £35 for a compter clock cycle so obviously theres been manual intervention... hasnt there? You can back that up can't you? No...? aha!

 

etc etc.

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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  • 1 month later...

we used to ask because you might have been looking for a specific puchase and rather than send you loads we can look for it and send just the statement it's on.

 

Now though I just assume it's the charges and send them all. At my bank, you don't need to DPA request this info.

 

And yes I've seen the letters, I reply to them (don't all boo and hiss) I'm only allowed to offer so much at a time, although the powers that be are changing this to offering out right to reduce all the fees to £12, based on the fact the OFT says £12 is legal (and then auto have to put we disagree)

 

but don't think i'm some high up manager, the person who signs the letter is usually isn't the person who writes it.

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And yes I've seen the letters, I reply to them (don't all boo and hiss) I'm only allowed to offer so much at a time, although the powers that be are changing this to offering out right to reduce all the fees to £12, based on the fact the OFT says £12 is legal (and then auto have to put we disagree)

.

 

ummm ... not sure that is what the OFT said. From their April 5 statement:

 

...in order to encourage a swift change in market practice we have decided to include in the statement a simple monetary threshold for

intervention by OFT on default charges. The threshold is £12...

 

...We will regard default charges set below the threshold as either not unfair or insufficiently detrimental to the economic interests of consumers in all the circumstances to warrant regulatory intervention at this time. This does not affect in any way the statutory rights of individual consumers, or groups of such consumers, to challenge the level of default charges, either above or below this

threshold.

 

1.11 The setting of the threshold is a provisional practical measure to move the whole market towards compliance. We are not proposing that default fees should be equivalent to the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold.

 

It quite clearly states that £12 is a figure they've put on for practical reasons, and is not a figure that they claim if fair or lawful. It is an interim measure to bring the market into compliance.

... a little

Mahala is a powerful thing ...

 

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All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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