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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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Want to take first step, but there's at least one problem...


BertUK
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I've been reading intently most of the posts on this site for the past couple of days and I'm very interested in trying to claim back the £829.00 in charges HSBC have taken in the past 6 years, all of them are for exceeding my agreed overdraft limit.

 

I have quite a large loan with HSBC for a start, which is quite crucial to my finances. Could they take this out of spite? I'm hoping that they can't, even if they decided to shut my account?

 

The next thing, my overdraft. I have a £1,000 overdraft which I'm about half-way into at the moment. Now I'm thinking an overdraft is completely seperate from the loan as it is a "service", and that they could, if they wish, remove it at any time without reason yes? This is what worries me.

 

These are the only two things holding me back. I've printed and signed my letter and it's ready to go, but they could cripple me financially with one swoop if they wanted to, so that scares me quite a lot!

 

I've been approved for a new current account with another bank but they won't give me an overdraft :( This was going to be my back-up plan :lol:

 

Any advice appreciated.

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If you apply to First Direct they automatically give you a £500 overdraft...

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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Ok, I could spend ages applying to a million bank accounts and trying to get overdrafts, which will surely affect my credit history quite badly so obviously I'd prefer not to.

 

The main questions I have are:-

 

- Can they cancel my loan at their own discrection, even if I never default/miss payments?

- Can they legally take my overdraft for reasons known only to them?

 

Thanks

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Can they revoke the loan@ No it is ona fixed term and as long as you keep your nose clean it is beyond thenm to touch. read the contract.

Can they touch the OD - yes they can. Will they? Yes very possibly

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Right, I thought as much but thanks for confirming.

 

Looks like I'll need to wait a month or so so I can clear my overdraft and then start. Problem is will something have changed in a month or two's time? Something's telling me that this sudden influx in people who are doing this is going to cause the banks to do something about it? Maybe take all cases to court as a deterrant?

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Maybe there simply won't be any money left to give back :o

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If you were to withdraw funds from your HSBC account to leave a balance of (£829), leaving £171 of availble funds in teh account. Put this money into the other account that you've opened and operate from that account? would this extra £300 odd be enough to tie you over until your next paycheque?

 

If so then you could possibly operate in that way. With an overdraft of £829 if they remove the overdraft facility you could contest that £829 is the fee you calculate that they owe you. I think a few people have approached the matter in this way, to what success i can't be sure though, you'd have to have a read around :wink:

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  • 12 years later...

This topic was closed on 03/06/19.

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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