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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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amejelo v Smile ***WON***


amejelo
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Hi,

 

Thought i'd track my progress with smile for anyone trying to claim back from them. I just receieved details of charges without SAR. Total charges in the three years i've had the account came to £650 so i've written to them to request this is refunded.

 

To be honest, smile are a pretty good bank other than their system of charges which are just extortionate, £15 then £5 a day you're over your o/d! - And they don't even tell you it's happended. I had one day where i went 87p over my limit, didn't notice cos i was away and came home to £145 worth of charges!!!!!!!! These guys are supposed to ethical!

 

Anyway, i have another account set up and ready in case of the worst....

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I must admit I tend to agree with you about smile. I've been with a few banks over the years and they are by far the easiest to deal with. On my account the fees for being over the OD are shown on the statement on 5th, and taken on 21st. Probably my biggest gripe is that the charges are taken just before most people get paid, so more may be incurred the following month if funds are a bit low.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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  • 4 weeks later...

bit of an update...

 

Smile recieved my final letter on 8th March and only today (22nd) did they reply with a standard letter saying it was being looked into and that they had 40 days to respond. I feel they are trying to dictate the timetable and was wondering how to approach it as my second letter stipulated 14 days or else legal action. Should i just file or what? Is 14 days or 40 days inclusive of sundays/bank holidays?

 

Anyhoo, not overly worried and quite optimistic of a positive outcome given the other posts...

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You're in charge, you specified 14 days, the program here is 14 days, they're just using delaying tactics. They're unscrupulous, they're hoping you'll lose interest and forget about them. Why does it take them 40 days to look at your file on a computer screen? That's a nonsense; go for it, file your claim.

**Atomboy**

  • Abbey Business Acct £1748.47 **Won** :-)
  • Abbey Personal Acct Prelim sent 5/2/7. LBA sent 14/2/7. Claim filed 8/3/7.
  • Abbey Credit Card **Won** £469 :)
  • Abbey Business Acct 2nd claim Prelim sent 5/2/7. LBA sent 14/2/7. Claim filed 8/3/7
  • Abbey Business Acct 3rd claim Prelim sent 22/3/7. LBA sent 11/04/07
  • Abbey Business Acct 6th claimPrelim sent 11/04/07
  • Blackhorse **Won** £153.70 :-)
  • Nat West S.A.R - (Subject Access Request) sent 11/04/07
  • Smile **Won**
  • Smile Visa Card Prelim sent 22/3/7; LBA sent 11/04/07

More to come...

:-)

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  • 2 weeks later...

Congratulations. Don't forget the survey too.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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  • 2 months later...

hey ho, so I recieved my charges back from Smile almost exactly 8 weeks ago. In their offer letter they informed me that "if we hear nothing more 8 weeks from the date of this letter we will consider the matter closed".

 

What do you know, 8 weeks to the day i get a secure message informing me that 'we are not happy with the way you have been using your account and intend to close it 30 days from today'.

 

I am going to take this to the Ombudsman cos it's clearly punitive retaliation for claiming back the charges (after all they could have closed it at any time in the last 2 years when i was being charged and 'misusing' my account).

 

be warned!!!!

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