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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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Leo1 vs Smile


Leo1
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I have a Smile Current Account and also a Smile Credit Card. I am about to send DPA letters to find out my charges, but am unsure whether to send 1 letter and include £20 for both account info or should I send 2 separate letters?

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1 letter, 1 cheque. It is the same company and you are asking for details they hold about you.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Welcome to the forum and good luck with your claim. If you haven't done so already can I suggest that you use the time you are waiting for your information to really familiarise yourself with the processes involved. One good thing is that smile seem to be quite quick and good at refunding at the moment, but that doesn't mean it will always be like that. You have to be prepared to go to court in the unlikely event of it reaching that stage.:rolleyes:

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 weeks later...

Hi All

 

Did Smile close your account after successfully claiming? I will be sending off my claim to Smile soon, but I am hoping they won't close the account afterwards as I would really like to continue banking with them.

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I haven't heard of Smile doing this. In fact they seem to be behaving quite reasonably.

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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Smile has closed my accounts after refunding the charges.

Co-Operative bank default removal - succesfull december 2007.

 

Capital One Bank default removal - succesfull february 2008.

 

Co-Operative bank Visa default removal- Claim filed March 2008

 

Smile default removal - ongoing

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Smile has closed my accounts after refunding the charges.

 

Am I right in thinking though that this was not solely due to refunding charges. Didn't I see on another post of yours that there were other issues which may have led to the closure of your account.

 

I meant that I have not heard of smile closing accounts due only to refunds being claimed.

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 weeks later...

I sent my DPA request off on 9 June 2006, got a letter back from Smile yesterday acknowledging my request but their letter says my request will be actioned within 40 days from the date of THEIR letter (20 June 06).

 

What's the best way to tell them to bog off, its 40 days from receiving MY letter.

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Just bide your time. You will get your own back.;-)

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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  • 3 weeks later...

I hope they don't close mine as I have a student overdraft which is at 0% for another year. I can only find £100 charges so far, is it worth the risk?

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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I hope they don't close mine as I have a student overdraft which is at 0% for another year. I can only find £100 charges so far, is it worth the risk?

 

I think it is highly unlikely, but the advice is always to get a parachute account just in case. I think £100 is definitely worth it. It really has only been very isolated cases where smile have closed accounts, where there have been additional issues as well. I really wouldn't worry about it unless they have already threatened closure for some reason.

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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well I haven't got any issues with them, but I am gonna wait until a cheque clears and remove the money just in case they cancel my o/d. I do have another current account but it isn't as good as smile.

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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  • 1 month later...

barclaycard and capital one have closed my accounts lets hope smile don't too if this is the trend

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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They didn't close mine.....I will continue to bank with them as they certainly seem the best of a bad bunch.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, 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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  • 1 month later...

Smile owe me £1143 in charges. They offered me £850 which i rejected by secure message and I asked for the amount in full. Smile have now sent me a secure message asking me to ring them to discuss.

 

Should I ring them or should I ignore it and go straight to moneyclaim?

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Leo

 

The problem with phone calls is that unless you are confident and clear about what you want then you are likely to loose out.

 

Read the MBNA are not your friends link in my signature to see what i did.

 

I made sure i had everything sorted before speaking with them. When they wanted to do something i didn't want, if it wasn't clear in my mind i said i would think about it and let them know.

 

That way i never made a snap decision and didn't loose anything i wanted.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Leo if you do ring them use this first go to this website RecTel: Call Recording Service they will give you a four figure pin number just follow the instructions, when finished go back to the site enter pin and your phone number and you can download the phonecall.

 

read the disclaimer It is not illegal in the UK to record a phone conversation for your own use and you don't have to tell the other party that you are recording the call. If you are recording calls for other purposes we advise that you check the relevant laws before using the recording.

 

if you do use this stay calm, dont swear, have questions printed out if you want to ask any, dont over talk him/her as this would make the recording harder to make out.

 

benefits: it would stop any he said she said its on tape or mp3 lol

 

and if the do waffle or say things they shouldnt regarding there knowlodge of the "LAW" they cant deny it.

 

i am no way connected to this site i have recorded all my calls and knocked up a word document transcribe.

 

steve

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  • 1 year later...

I recently asked Smile to refund my charges of £150 and had this response:

 

Hello Miss Eden

 

A number of banks and financial service organisations are working with the Office of Fair Trading and the Financial Services Authority to clarify the legal position regarding bank overdraft fees.

 

The Office of Fair Trading is conducting a detailed study and the banks are in close consultation with them. smile fully supports this review.

 

We have agreed that all existing or subsequent customer claims for refunds of bank overdraft fees will be put on hold until the outcome of the review.

 

We will be sending a letter explaining the situation in greater detail to all affected claimants.

 

Regards

Can I still continue with my claim?

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  • 3 years later...

I've had Moorcroft chasing me for a smile overdraft. I sent them a CCA request to which they have responded: 'certain agreements are excluded under Part V of the Consumer Credit Act, we believe our client falls under this category"

 

Now i believe this is just a fob off, how do I respond to this??

 

Thanks in advance

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