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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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Swerwer vs Bank of scotland


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Hi Guys just thought I would keep you up to date with the Bank of scotland actions if there is anyone out there like me. Read everything on the post but still feel very lost.

 

1 - 8 May 2006 - Asked for statements for past 6 years for account a and b. Branch where I hold account b declined.

2- 8 May 2006 wrote letter to account b to supply details.

3 - 16 May 2006 - Received statements for account a and calculated cost £1041 + £69.27 interest = £1110.27.

4 - 16 May 2006 - Sent letter asking money backon account a £1041

5 - 25 May 2006 - Received reply dated 24 May 2006 for account b.

 

Dear Mr....

 

Thank you for your recent letter dated 8th May

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

 

We clearly outline our charging our charging policy in the terms and conditions that apply to your account. In addition we are commited to complying with the banking code, which sets standards of good banking practise for banks and building societies to follow when dealing with personal customers. 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.

 

I understand that you would like to receive information about specific transactions on your account when manual intervention was required. We are under no statutory obligation to record the information you require and thus are unable to comply with your request.

 

We are keen to help you avoid any unnecessary charges by providing various ways to keep track of your account.......bleh bleh telephone banking etc..

 

Ultimately it is your responsibility to manage your account. However as a gesture of goodwill I am prepared to refund £20.00 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 prepared to accept my offer, please sign and return the enclosed acceptance form in the pre paid envelope.

 

If you would like to discuss your concerns, please contact me on 08457 253 519.

 

Damian Robertshaw

Customer relations Manager

 

6 - 25 May 2006 telephoned the nice people and spoke to Eilleen she took about 5 minutes to read my file hehehehe. Explained I want my statements for account b and have not received it. She said she will order them up and also asked if I am willing to accept the £20. I declined.

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Guest Lueeze

Good Luck

 

Did you send the £10? If you have 2 accounts, you dont need separate claims, you can do them together.

 

Good Luck

 

Lou x

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No I tried handing them the money over the counter when I asked for my statements, also my 2 accounts are at different branches and I got referred from the one to the other :)They took £5 out of each account. So I am just playing their little game and doing everything to the book.Funny thing is they are really pounding me with bank charges at the moment! Took a personal loan repayment early causing it to bounce after all whos got £200 laying around 1 day before pay day?? Gonna be taking that one up as my agreement states on the 1st of each month...£39 and immediately charged me £28 to be overdrawn by the £39 they took. Think they might be angry with me lol. Just confused if so many people are winning and they are breaking the law why act nasty and stand the risk of looking even worse in the news papers?

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  • 2 weeks later...

7. Still no statements for account b phoned telephone banking and asked what the problem was. Lee advised me the statements can take up to 10 working days ..so will have to wait a bit longer.

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swerwer

 

i have been i contact with the bank of scotland today and ask them to issue my account statements for past 6 years they said it would cos £5 which is ok. Did you recieve any information on point 4 yet did you get your money back

 

Brian

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No Brian I am still struggling to get them to release the last accounts statements. As far as I can gather out of their responses you would have to be prepared to go to the sheriffs court and lodge a complaint as they have no intentions of settling as yet. Chambers street in Edinburgh. Good luck and I will keep everyone posted.

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15 June still no statements for account b! Called bank of scotland telephone banking and spoke to Kathy who transferred me to a department that said I called the wrong number. Btw go to online service and click on complaint procedures... it just signs you out lol! Ok so called back and spoke to Graham who transferred me to Rowina. She assured me the statements are on there way. Wonder what to do if they refuse to release statements??

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Hi there,

 

You really need to have a good reaad through the FAQ's you will find all the answers to your questions in there. It is vital when proceeding with a claim from your bank that you follow the correct procedures.

 

In the template library you will find a template to use to request the statements you require. This is done under the Data Protection Act or DPA as it is often reffered to on here. If you send that letter plus the £10 change the bank cannot refuse your request for statements or they are in trouble.

 

So send the bank your DPA with £10 (this covers all acounts held with any one bank and they have 40 days to respond.

 

Hope this helps

 

 

Woolfie

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Advice & opinions given by Woolfie are my own, and 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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Woolfie I did read the Faq and I did send a dpa request... the bank didnt respond to the dpa within the 40 days ...you say they are in deep trouble so erm...where do I go from here????

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First of all you need to double check that they received the DPA. Did you send it special delivery? Then you will need to write to the IC the information commisioner. There is a section in the FAQ's called DPA non compliance which will help with this. Also you should do a forum search for DPA non compliance.

 

Sorry I cant be a lot more help here but I havent had this problem myself.

 

Reccon it is yet another stalling technique from the bank tho.

 

If you have any more questions feel free to post them here and I will try and get some more answers for you.

 

 

Good Luck

 

Woolfie

Advice & opinions given by Woolfie are my own, and 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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Hi all, just want to say, i love this site and what it's doing.

A friend passed me the link to here and ive had a smile on my face ever since :D :D :D .

I have just sent off request statements letter for the past 6 years, before i did this, i was in my branch of BOS in Morningside, Edinburgh to try and get some help with the esculating charges + over draft they have put me in, anyway i thought i would ask about getting previous statements and was told they only keep one year on pc record and all statements before that time where templates and would cost me around £35 per month's statement to obtain them (£2100 to get my full history). lol

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Hi Lee and welcome to the forum.

 

You should start your own thread as you have hijacked someone elses here and they get all upset when you do that!! :D

 

Anyways best of luck with your charges and any questions let one of us know.

 

 

Cheers

 

Woolfie

Advice & opinions given by Woolfie are my own, and 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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  • 12 years later...

This topic was closed on 11 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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