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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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GE Money refusal letter advice please


Elizabeth315
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I sent a prelim letter claiming direct debit recall charges of £20 a time and admin fees of £40 a time for being in arrears. total cost all together is £815.00. I have had a letter back saying:

 

Thank you for outlining your concerns in relation to the charges that have been applied to the account. We would like to assure you that all our fees are applied within the terms and conditions or the agreement and in accordance to FSA/CCA guidelines

 

For each direct debit that is returned unpaid, numerous costs are incurred. There are the administrative costs of using the BACS system, the cost of advising you of the direct debit either by telephone or letter, as well as the charge from our bank for each returned direct debit. As per the terms and conditions that govern this agreement, we are entitled to apply any incurred costs to the account.

 

The £40 arrears administration fee is applied to the account every month the account is in arrears with us. The charge applied is in accordance to the Terms and Conditions of the Credit Agreement. This Charge is applied to recover costs we incur in relation to the account being in arrears. Theese costs include, monitoring the account, contacting the customer by telephone ad/or letter and making payment arangements with them.

 

The arrears asministration Charge is not a penalty for defalt but rather a reasonable sum having regard to the total costs of running our collections function (including overheads), allocated to estimated numbers of accounts expected to be in default.

 

Our arrears administation charge reflects the work involved in making contact with customers in order to recover missed payments. Our approach to calculating the correct level of this charge is that we applied a proportion of total costs incurred during the specific collections activities to the customers who default. Some of theese costs are direct, and others are calculated on a time-spent basis. From that exercise we have established the total cost to the business of collectiong missed payments. We then calculated the estimated number of instances and divide one by the other to provide a unit cost. We then set our fee by reference to the unit cost for the service, in this case for the collection of missed payments.

 

In addition we take account fees charged by other similar businesses. In 2005 we benchmarked 8 other lenders operating in similar arears to us and found a range of £15.00 to £54.00 for arrears administration fees.

 

Our arrears administration charge was set at £40.00 which is less than full cost recovery (£58.00 for arrears administration), and broadly in line with the market.

 

Whilst, to the best of our knowledge, the matter has not been subject to any final reported decision by any court, we are not aware of any findings in the past where a court has ruled that such charges are penalties. The level of our arrears administration charge is lower than arrears administration charge levied by the majority of other similar financial institutions. Moreover, we ensure that prospective customers are made fully aware of possible charges, which could arise during the life of a loan. They were given a copy of our tarriff of charges for which they would have signed confirming that they understood such matters.

 

We are satisfied that our fees are both reasonable and justified and do not amount to a "penalty" for default. In our oppinion the level of the charge we make is proportionate and an accurate pre-estimate of our actual costs and goes towards paying for coolections activity reasonably required in consequence of default by certain customers in meeting their agreed obligations.

 

We therefore conclude that all fees applied to the account have been done so fairly and lawfully; therefore they will not be refunded.

 

 

So does anyone understand that fully or is it just babble. not sure now whether the charges are fair and to just leave it at that or to send the LBA. Can't find any succesfull claims against GE money (formely I-Group). Please any help greatly appreciated.

Liz x

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  • 2 weeks later...
next step is treaten to take to small claims isn't it?

 

Yes, send your letter before action claiming the amount they owe you.

Tell them you are happy to ask a judge to force them to reveal their true costs in such matters.

 

couldn't find any posts for successes against g e money.

 

I noticed 1 or 2 in here.

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=1201081

Good Luck.

TC.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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