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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.

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      Many thanks 
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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.
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      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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Alliance & Leicester will not stop charges! HELP


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I had a cheque bounce due to lack of funds, the cheque was only £40 & the account was only about £5 short. So they charged me £34 that took me overdrawn anyway.

Then 2 days later a DD failed for £38 & again a £34 was removed immediately.

 

They now also want two £25 charges from my account, due to be debited from my account on Monday for unauthorised overdraft day 1 & day 5. The problem is I paid a cheque into my account on the 18th before 3.00 and its showing as debited on the 19th. This cheque is towards my rent & if these charges go out I will be very short.

 

I called them earlier & explained that this will create financial hardship due to a cheque that should have cleared on Monday being for my rent. This £50 charge will leave me short. The response I got was "I have to fill out a form, then someone may contact you regarding these charges".

 

Is there anything I can do?

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Section 5.5 of the Banking Code;

 

"Before we take interest or charges for standard

account services from your current or savings

account, we will give you at least 14 days’ notice of

how much we will take"

 

http://www.bankingcode.org.uk/pdfdocs/BANKING%20CODE.pdf

 

If they have taken money our "right away" as you claim, then I would start an official complaint to them.

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  • 2 weeks later...

Just to update this situation.

 

I had no return phone call from the bank, no letter etc. Nothing!

On Monday they took out the £50 charges, I then went to the bank yesterday & paid in £40 (borrowed) to make up the amount & a small cheque. I did a mini statement before I went in that showed my account as £1464.97. This baffled me, so I checked online when I got home, this showed £1500 + in credit. I thought that maybe a customer who owes me some money must have paid a BACS.

I then checked after midnight online & this showed no sign of the cheque going out, nor the money I had paid in, but still £1500+.

This morning I log in again to find the cheque bounced and a £34 charge & a balance of £744.97.

Now note that 744.97 + 34 (charge) is 778.97!

As far as I can see, this cheque was bounced this morning but they say it was bounced yesterday & paying money in same day does not count. I also explained about my previous call to explain that the £50 would cause the cheque to bounce but "a decision was made that no hardship would result".

I replied with "I would call facing eviction hardship", & some.

 

So they take £50 charges, this causes cheque to bounce even though funds appear to be there, so they then charge another £34 because the cheque bounced due to their charge. I'm in the wrong business, I'm gonna open a bank!

 

I have been on the phone & getting no where, I even asked to speak to a manager who did call back with a reply of "can you get all your details together including wages, bills, rent etc. & give us a call so the credit department can determine how we can help, & send in a copy of your mini statement for an explanation of why it showed that amount". ?????

 

What can I do?

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