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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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scared v's HBOS


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After being turned down for a loan because of the way my account was being handled by me over the past few months, and hearing about all the instances of refunds in the media etc etc. and more importantly hating all banks, I decided to take action to reclaim charges.

 

We have 3 accounts my wife and I, a current account in our each of our own names and a joint account, each accruing charges by the month.

 

because of online banking I printed off all the charge letters since last August (all that is available online) this totalled approximately 2470 pounds. (and was about an inch thick)

 

I copied and amended a downloaded letter and claimed individually on each account (on the same letter) a week past Friday (5th May) it was sent by registered post.

 

Over the last two weeks I have received 3 seperate letters saying that they were looking into each account.

 

today I received a letter from one account - offering 276 and another offering 274 both accompanied by letters requesting I sign to accept and advising this was goodwill, etc but with a cunningly veiled threat that "we reserve the right to close your account if you do not manage it properly".

 

my wife was keen to sign and return, but this still only accounts for a 6th of the money being claimed (I'm hoping that maybe tomorrow another letter might appear for the third account). I am not so sure about signing.

 

after a little searching I found this website (pity i hadn;t found it first - am particularly disappointed I could be claming up to 6 years)and after reading the plight of so many others, I thought I'd post and ask all your advice.

 

1

should we sign? and forget the rest of the money or do we sign and ask for the rest.

 

2

the letter for signing says this is in full and final settlement. but after reading this website it appears I can claim back up to 6 years - is it worth doing this? and can I even though I have only claimed since last August.

 

your advice would be very much appreciated,

 

for those worried about doing so - I within a week have been offered 550 pounds by writing one letter - I intend to advise everyone I know to claim - go for it.

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Hi scotscherub, I'm no lawyer and you'll certainly get a more complete response in the morning, but basically you can make a claim through the courts for 5 years (6 in england). earlier than that it gets tricky. just because you've limited your request to one year just now does not mean that you cannot go back 5 or 6 years and ask for all the penalty charges to be repayed. I'm not sure how you would stand, though, if you signed the document accepting a partial refund in 'full and final settlement'. The bank will certainly try to intimidate you into settling for less than the full amount, either with as you say veiled threats to close your accounts, or perhaps by bluffing with contract terms and conditions or legalese. The bank is probably entitled to close your accounts if it chooses and you have to decide what affect that eventuality would have on you. good luck with your claim!

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You really need to have a good read around the site, especially the FAQ section. Write a letter stating you will accept the offers but NOT as a full and final settlement and that you will continue action to recover the rest.

 

 

You could carry on with your current claims, and send a DPA request for whole 5 years worth of statements and get that underway. Then when you get the statements you can claim for the from 5 years ago until the time your current claim dates from.

 

You also need to open another account somewhere just in case they do close your current one. You can still claim though even if they close the account.

 

Edited*********************

 

If you are in Scotland then as said above the limit is 5 years, also I believe the limit for claims is £750, so you would have to split it. There is a Scotland section to the forum, you need to read up in there.

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

DON'T FORGET TO DONATE!

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well a third letter arrived saturday morning offering 402 pounds for my wife account so with the one letter have been offered, 942 pounds. going to phone tomorrow and say no in the hope they then up the amount.

 

we are pretty desperate for cash and if the offer is improved may go for it. I know it sounds like chickening out - I envy and respect you guys going to courts and taking them by the short and curlies - just don;t know if we can.

 

wishing every one of you success

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Let us know what you decide and how you get on before you do anything though!

 

:)

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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  • 12 years later...

This topic was closed on 10 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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