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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
      • 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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Bos


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hi

 

I sent my initial letter to BOS (high street branch) approx 14 days ago, I have not had any response from them.

 

Should I now proceed with the second stage? And do you think I should continue to send my letters to the High Street Branch, or will I get more response dealing with Headquarters??

 

I am new to this site, but like most have had £££ taken from my account in charges.

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Hi,

 

It really does take a few days to get your head around all the arguments and all the information.

 

You have started a timetable (the timetable that the bank says it will work to is irrelevant). In the FAQ you will find 'Step By Step Instructions.' You do not mention whether you made a DPA request. I would suggest doing this anyway, so that you have ALL the information you need to make a claim.

 

Your next step is the second letter (LBA) - and you need to send this when the initial 14 days is up. As for where to send it - your local branch is always best. They have internal post prcesses, and will ensure it gets to the relevant department.

 

Whilst waiting for the info, read up on your next step. If you make sure you stick to your own thread in the relevant area (eg [username] claim against [bank]), and use this as a sort of diary which you can update as things progress. It will also enable you to check responses to your questions, and people will be able to find your thread a lot easier.

 

Good luck.

 

You are here, you want your money back, you will get help and support in this, but it is YOUR call, and you must be prepared to put in the effort.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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  • 2 weeks later...

Glad to hear it, and good luck. :) I just went through ALL my statements for the last 6 years and they've taken over £4K from me, wish me luck!

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yep, good old bos, they owe me approx £2500. 5 days passed, still waiting for a response from them. So much for them wishing to resolve matters!!!

TRU, good luck with your claim, hopefully you will get a response from them.

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Received a letter from BOS today

 

Offered me £347.00 in full and final settlement of my complaint.

 

The letter goes

 

"Thanks for your recent letter, I am sorry to learn that you are unhappy with the charges you have incurred on your account.

 

I am sure you will appreciate that like other organisations we incur costs for every transaction made. When we pay any item against an unauthorised overdraft or return an unpaid item, we incur extra costs regardless of the shortfall involved. We believe it is fair to pass these costs on to the accounts affected, rather than absorb them into other area of our operations, penalising all our other customers as a result.

 

We clearly outline our charging policy in the terms and conditions that apply to your account. In addition , we are committed to complying within the banking code, which sets standards of good banking practice for banks and building societies to follow when dealing with personal custopmers. The terms and conditions of your account state that you must have funds in your account to cover your transactions. We cannot be responsible if you have authorised payments against funds that were not available.

 

We are keen to help you avoid any unnecessary charges by providing various ways to keep track of your account. You can do this via telephone banking or mini statements at cash machines. You can also contact one of our advisors at any of our branches.

 

Ultimately it is your responsibility to manage your account. However, as a gesture of goodwill I am prepared to refund £374.00 of charges in full and final settlement of your complaint. I must stress that future valid charges will stand and we reserve the right to close your account if you do not manage it correctly. If you are prepare to accept the offer, please sign and return the enclosed acceptance for in the pre-paid envelope.

 

If I don't hear from you in the next 8 weeks, I will assume you are happy."

 

My Q is - where do I go from here, obviously I am not going to accept it, but do I continue my contact with them via letter, or call the number provided???

 

Any help is appreciated.

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You should reject that offer. It seems that BoS are offering a fractional amount to customers - I too have about £2,500 in charges, and was offered £333.

 

Calling them instantly got that upgraded to £915. It seems the letter is typically offering 1/3rd of what the Customer Reps are allowed to offer you directly. As you'll have read elsewhere, accepting this does not - no matter what the bank says - affect your ability to claim further.

 

In my case, I looked at my accounts and have sent them a letter (response required within 7 days) which lets them off a certain amount, but is still significantly greater than the amount they have offered me. I am already letting them off easily by only going for returned Direct Debit unpaid charges instead of "all charges" as suggested.

 

If I don't get that money within 7 days, then the court letters are going out.

 

I think the court letters are going to be the way to get things changed for good; however if you are likely to be happy with about £1K back, you should be able to get that with one call it appears.

Bank of Scotland - £4000+ returned. Scottish resident, scottish accounts, but it's Halifax Bank of Scotland now, so took 'em to court in Halifax. One small claims, one defence filed, one refund of all charges + interest! Done and dusted.

Next - Capital One :D

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Hi there,

I received a similar call from Bos. I'm claiming just shy of 4K and was offered £365. When i laughed and said no thank you it immediatley rose to £1120 saying that was all she was authorised to refund. I said thank you very much that would be a great start, and that i would get the rest back through the courts.Next morning i got a letter saying i'd turned down the offer as "full and final settlement" (never mentioned that bit on the phone). So I'm now waiting through the next 5 days with baited breath. Hopefully I'll be rich by the end of the week.

Weither you're claiming £500, £1000 - £4000 it's weird that everyone claiming is being offered around the same figure, you'd think they would have other staff that could authorise higher amounts. But I suppose that's too logical for the banks.

Anyway, Best of Luck

Mairi

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I called the BOS and asked to speak with the customer service manager, Elaine Brown, as she has sent two letters out to me. I was informed that the same person does not deal with the claim all the way through. It is pot luck as to who ever deals with any correspondence that they receive.

 

Anyway, I told them I wasn't going to accept their offer. I was informed that they would make a note on my account and that I should receive a call or a letter from someone in the next few days.

 

I'll wait a few days and see what happens. I will have my 2nd letter ready to be posted should I not hear from them within the few days.

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  • 2 weeks later...

only another 1326.00...............

 

 

;)

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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  • 12 years later...

This topic was closed on 09 March 2019.

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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