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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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    • 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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won CCa now withdrawn overdraft.


jackreacher
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As some of you know I got LLoyds/tsb to discontinue with their £11,000 claim against me. Which really ****ed them off as they attended 3 hearings with barristers.

 

I signed non disclosure documents.

 

They agreed to pay me all my fair and reasonable costs immediately! If I reduced my costs, which I did.

 

While waiting for the payment which took 6 weeks I went over my overdraft limit by £120.

They have now withdrawn my overdraft and put it in the hands of moorcraft. There is no option to get back under my limit the total overdraft is £3,120.

 

I am sure the delay in payment was no coincidence! I have no proof of course. If they had paid on time I would not be in this position. Lame excuse I know ,but true. Absolutely skint. Apart from my Costs check but that will not cover it.

 

Not sure how to go about this.

 

Regards Jack

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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Thanks Rebel11, thats what I was looking for.. Have a good read tonight. Just want my overdraft back really. Seems they were a bit spiteful after losing.

 

I kept phoning them and asking for my cheque ..the standard reply was "we have requested it there is a back log". My reply was "we had an agreement I would reduce my costs and sign a non disclosure on the basis you sent me out a cheque straight away. An Estoppel has been created and you have breached it".. only when I threatened to pull out of my non disclosure agreement.... they sent it straight away.

 

By that time moorcraft had taken over my overdraft... me thinks no coincidence.

 

 

Regards Jack

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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These are the key principles that apply:-

 

A firm must pay due regard to the interests of its customers and treat them fairly.

 

A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.

 

A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.

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I will draught a letter along those principles. I will leave out any of the proceedings except to say I was waiting for a cheque from your bank.

Offer to get back under my limit and £10 PM

 

What about interest charging etc.. does that have to stop now as they must realise I am in financial hardship?

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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Include financial hardship in the letter, you can ask them to freeze it.

 

If your suffering financial hardship, they certainly shouldn't be closing the 'Overdraft Facility', they should be helping you. But to claim financial hardship you may need to send them an Income & Expenditure form.

 

Here's some info:-

 

http://www.lloydsbank.com/help-guidance/money-worries/managing-debt.asp

 

I will draught a letter along those principles. I will leave out any of the proceedings except to say I was waiting for a cheque from your bank.

Offer to get back under my limit and £10 PM

 

What about interest charging etc.. does that have to stop now as they must realise I am in financial hardship?

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Include financial hardship in the letter, you can ask them to freeze it.

 

If your suffering financial hardship, they certainly shouldn't be closing the 'Overdraft Facility', they should be helping you. But to claim financial hardship you may need to send them an Income & Expenditure form.

 

Here's some info:-

 

http://www.lloydsbank.com/help-guidance/money-worries/managing-debt.asp

 

 

Thanks again rebel11, On it over the weekend...

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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  • 1 month later...

Had letter back from tsb as my account had transferred over to moorcrap. Tsb will not be bringing it back in house.

 

It transpires I was with lloyds for over 20 years, In July 2014 I was supposedly sent a default notice (they admit in a letter I didn't receive) saying I had to pay £103 to bring the overdraft into credit by the 14th of July. Coincidently I paid in £100.

 

However Tsb cancelled my account in September 2014 when I was £103 over drawn ... £100 was interest accrued since the DN was sent. The only reason I was over the overdraft limit was because I was awaiting my costs back from my lloyds victory. Lloyds promised payment within 7 days but never paid until after tsb closed my bank account. I am thinking conspiracy theory, lol

 

I now have no bank account but still have my LLoyds costs Cheque that I can't cash. GRRR

 

I did a dsar on my account and it is there in black and white; LLoyds knew I was in financial trouble and had promised to stop interest rates after I had put my income out goings expenditure in writing to them march 2011. They did not stop the interest so clearly misled me. The £3000 overdraft was made up purely of interest by September 2014.

 

I feel I need to complain but have never done this or know what to say or how to say it. Surely they have breached some rule or regulation BCOBS etc.

 

All input welcome..threads to read where to complain etc.

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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Have you made a formal complaint to their Head office ?

 

Rebel has already provided you with the sections of BCOBs that you should be using.. or am I missing the point and you need help drafting the complaint :lol:

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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Have you not set up another bank account somewhere, where you can bank your LTSB cheque ?

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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Have you made a formal complaint to their Head office ?

 

Rebel has already provided you with the sections of BCOBs that you should be using.. or am I missing the point and you need help drafting the complaint :lol:

 

 

Hi CB.. help drafting complaint or link to similar. I cant let them get away with it I now have no f''ing bank account. All for going over £3 after 20 years.

 

 

I used Rebels great points in my complaint letter .. which I felt was good. I even nailed the BCOBS correct numbering for their easy reference.

 

So now to battle.

 

(A pointer on where is easiest to start a new basic account would also be good.)

 

 

regards Jack

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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Have you not set up another bank account somewhere, where you can bank your LTSB cheque ?

 

No! going to get on it this week. Not sure if a building society or bank will be easier?

 

Will try Fords suggestion CO-OP.

 

I thought this problem may have come up quite a lot given our general bad credit history.

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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Hi Jack

 

You still have an option of going to the FOS, they don't understand BCOB's, but they do acknowledge the 'Lending Code'.

 

It sounds like they have withdrawn your overdraft because you won. It' sounds like a 'retaliatory' action, unless there are very good reasons.

 

Send them a SAR, before you complain, that way you can 'nail down' exactly why it was closed.

 

http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/59/59-banking.htm

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...

 

Will try Fords suggestion CO-OP.

 

I thought this problem may have come up quite a lot given our general bad credit history.

 

barclays is another one mentioned on mse site for eg as being 'easiest-to-get'. there are other providers though, see what you think re yr circumstances.

 

an eg with comparisons https://www.moneyadviceservice.org.uk/en/articles/basic-bank-accounts

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