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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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      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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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I recently took out a payday loan with WDA but unfortunately due to me becoming unemployed, I was unable to repay the full balance on the due date which was 25/07. I emailed them on 23/07 explaining I was having financial difficulties, I would not be able to pay them anything on the due date but did want to come to an arrangement to pay. I specifically asked them not to take the funds from my card, as there would be insufficient funds in my account

 

I recieved a response asking for the circumstances of my unemployment, which I replied to, they've asked for some proof, like a P45, which I said shouldn't be a problem and it was all quite civililsed...

 

Until I noticed 2 transactions on my account for £10 on separate days. I thought this was odd but perhaps they were just late payment charges. Today however I've found my account has basically been cleaned out by them and they have taken £300.

 

Yes, I should have cancelled my card and as I understand it there is little or nothing that can be done about it as debit card transactions aren't protected in the same way that DD's and SO's are.

 

However, I've just read their terms and conditions, which are interesting to say the least:

 

"If this repayment transaction fails, we will make up to a further 3 attempts on the Due Date to recover the following sums, in order, by

Debit Card payment:

£10 (step 1);

if this is successful, 50% of the outstanding balance (step 2);

if step 2 is successful, 50% of the outstanding balance;

if step 2 is unsuccessful, 25% of the outstanding balance.

Where we cannot obtain the amount outstanding on any Due Date, we will make immediate attempts to contact you and find out why,

and agree alternative repayment arrangements. It is in your interest to discuss your situation with us. If you are suffering financial

hardship, we will show forbearance in considering alternative repayment arrangements. If you agree a repayment plan with us, or

arrange an alternative date for repayment, we will suspend collections attempts for the period until the revised payment falls due as

agreed."

 

So, they took the first £10 - that worked. Step 2 - 50% of remaning balcance, no that didn't work - ok lets try and other £10 the day after then... yes that's worked.

 

Then I'm guessing they've probably tried to take a few more out and failed. Until today that is when a few hundred pounds was transferred into my account by a family member, they've tried again and YES, we've got him.

 

Now that doesn't look much like the process in their terms and conditions to me?

 

I've since sent an email asking for a breakdown of the transactions they have attepted to make, failed or successful and said I will be cancelling my card, and all they have succeeded in doing is delaying the payment of the full balance further.

 

Can anyone say I am within my rights to complain here?

 

Many thanks

 

James

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Hi Axle_81,

 

Are you sure the 300 GBP were taken by debit card payment and not by direct debit? Usually WDA, if you are on repayment plan or about to be on repayment plan, sets up a direct debit of 300 GBP one day before your salary would be due. If it was taken by DD you can request your bank to return it, if it was by card this is difficult.

 

If it was by card you can however still challenge the transaction with your bank as it would have been not due to WDA's term and conditions, but reading the terms and conditions you posted it would not make much difference to have taken 150 GBP (step 2) and 150 GBP (step 3), or 300 GBP (step 2 and 3 together in one go).

 

How much is/was the original loan amount and the total amount you owe WDA?

24/7 Moneybox: 195.00 - Oustanding: 0.00

British Pearl/Spondoolies: 752.10 - Oustanding: 0.00

Cash on go/Peachy: 206.30 - Oustanding: 0.00

EarlyPayday: 325.00 - Oustanding: 0.00

Lending Stream: 1398.46 - Oustanding: 0.00

MicroLend: 780.00 - Oustanding: 0.00

Minicredit: 520.00 - Oustanding: 0.00

MonthEndMoney/PaydayUK: 937.50 - Oustanding: 0.00

MrLender: 715.00 - Oustanding: 0.00

Pounds2Pocket: 2328.00 - Oustanding: 0.00

QuickQuid: 1800.00 - Oustanding: 0.00

SafeLoans: 450.50 - Oustanding: 0.00

Speed-E-Loans: 516.00 - Oustanding: 0.00

SwiftSterling: 1295.00 - Oustanding: 0.00

Toothfairy Finance: 544.00 - Oustanding: 0.00

TxtLoan: 450.00 - Oustanding: 0.00

WageDayAdvance: 670.80 - Oustanding: 0.00

Wonga: 1336.86 - Oustanding: 0.00

Total: 15220.52 - Oustanding: 0.00

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Thanks for your reply. I've not got as far as setting up a repayment plan yet. I think the total balance is £781. They've certainly breached their terms and conditions, no company should be allowed to go trigger happy with a card machine. I work in insurance and if someone can't afford to pay their policy in one go - I don't just TRY and take the money anyway without their permission. More needs to be done about this to protect people.

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Just been in to a Cooperative branch. Apparently, they can't cancel my card and even if they did, they said that WDA would still be able to take money as it would default from the old card and transact it from the new one. Really?

 

So what if I have my card stolen by someone who has access to my pin number, are they trying to tell me they would forever be able to debit money from my account? I don't think so. I've now no choice to call them in a few hours and LIE by saying my card has been lost / possibly stolen. Unbelievable.

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Speak to the coop onthe phone. Most branch staff, just like very other bank are told to say things, even if its not true.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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