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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 
      • 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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Natwest Business account Is this personal guarantee valid?


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In Oct 2009, my ex-husband signed a personal guarantee to cover an existing business overdraft of £140k for the right to borrow £60k more from NatWest which the bank knew was due to pay credit card demands. The overdraft was totally unsecured before that. His business had clearly been failing for some time and they pressurised him to secure their previously unsecured lending.

 

It was an extremely stupid decision on his part but we now know that he was succumbing to mental illness, from which he has never recovered. He broke down at the signing of the PG and was clearly in no fit state to make any decisions. I have copies of his emails to the bank saying that he considered that he had been co-erced into signing.

 

I am now losing my home to a bankruptcy trustee who cites this PG as the major debt and is forcing a sale of my home. I also lost my husband, of course.

 

Here is my question - the bank pre-prepared all the documentation including legal advice waiver and minutes of company meetings which didn't exist. They wrote the PG in our joint names. I was never told about it and was never advised to get legal advice etc. NatWest has admitted that they knew I would object to my home being formally taken as security. The place for my signature was struck through, although my name on the document was not erased, and the PG was processed.

 

Some days later, the bank bounced a payment to a major supplier which probably put the final nail in the coffin of the business. They apologised but the damage had been done. Apparently, several weeks later they signed new documents just in his name, but the PG was already underway by then.

 

I didn't know about the PG until June 2010, when it was too late, and I didn't know that the original PG had my name on it until a year later, when I found the paperwork. Can I contest the validity of the PG? Is what they have done strictly legal?

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If you signaure was ''struck though'' then you would be deemed not to have signed, and the document in mhis name only superceeds the first one.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Will move to Business bank charges.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I cannot tell, you say the signature was struck out imo the guarantee is invalid.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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The reason I moved here is because we have had lots of these posted about.

In fact I am helping a friend of mine who has 2 PGs from RBS totalling over 240k.

I think they were from around same periods as yours.

And of course NAT West and RBS same group.

I am convinced that there were irregularities with theses PGs but trying to untangle the web is no easy feat.

Have you got all the docs ?

My friend did a full SAR and asked for activity logs/manager reports/screenshots/etc etc.

What they sent is about 6" thick so it is taking time wading through it.

We dont seem to have seen a lot of success with these who have been here for help,I think thats because we are still waiting for something explosive to be revealed which will pave the way.

I believe things will come out,as they did with PPI.

My friend was formerly with Natwest business before RBS and told me about an agreement that was signed.

Apparently it had to be re done because they realised they had not complied with procedures.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

I did ask for a full SAR but got very little. They will not give me their internal correspondence or credit manager's correspondence. In fact it was not my account, so I had trouble getting any information at all. I eventually got authorisation from my ex-husband for the bank to release their data. Should I go back and ask for more?

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I would, there's a few contact details at the thread below that may assist. The problem you face is that you can't use the DPA as a fishing expedition, nor can you insist on release of 3rd party data/notes which may identify that person...... I suppose you could request redacted notes but it seems to have tightened up on disclosures in light of several publicised forgery allegations last year

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?361430-RBS-Credit-Cards-Failure-to-comply-with-SAR&p=4049577#post4049577

 

You could remind it of s.35 of the DPA

 

http://www.legislation.gov.uk/ukpga/1998/29/section/35

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Many thanks for the contact details.

 

Does anyone know if a deed has to be independently witnessed?

My ex-husband says that he had no idea he was signing a 'deed', no-one explained the details to him and he was not encouraged to get legal advice - the BM had legal advice waivers ready to sign.

Is this against the OFT and CCA?

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  • 4 years later...
The reason I moved here is because we have had lots of these posted about.

In fact I am helping a friend of mine who has 2 PGs from RBS totalling over 240k.

I think they were from around same periods as yours.

And of course NAT West and RBS same group.

I am convinced that there were irregularities with theses PGs but trying to untangle the web is no easy feat.

Have you got all the docs ?

My friend did a full SAR and asked for activity logs/manager reports/screenshots/etc etc.

What they sent is about 6" thick so it is taking time wading through it.

We dont seem to have seen a lot of success with these who have been here for help,I think thats because we are still waiting for something explosive to be revealed which will pave the way.

I believe things will come out,as they did with PPI.

My friend was formerly with Natwest business before RBS and told me about an agreement that was signed.

Apparently it had to be re done because they realised they had not complied with procedures.

 

Now the stories of the 'Dash for Cash' are being revealed. SMEs and GRG are only part of the shocking treatment to which customers were subjected in order to protect the bank manager's position. I hope that more people who have been victims of this financial rape will now come forward. I would like to hear from you.

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  • 1 year later...
Now the stories of the 'Dash for Cash' are being revealed. SMEs and GRG are only part of the shocking treatment to which customers were subjected in order to protect the bank manager's position. I hope that more people who have been victims of this financial rape will now come forward. I would like to hear from you.

 

I am still in a similar position to you are you a member of the SME alliance??

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