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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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£300 stolen by deception from friends RBS account, RBS not helping him!


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My friend is really desperate for help, since RBS does not wish to take responsibilty for giving his money to a fraudster, who impersonated him

 

background

My friend went in person to RBS last to withdraw £600, he took his passport, statement and driving licence as id. he withdrew £600 and asked for his balance printout

 

he realised an additional £200 had been withdrawn earlier in the month by someone else, who had obtained her banking details by some unknown method

 

he asked the bank to investigate who had impersonated him and come into the bank claiming to be him and withdrew the money

 

The bank said he had done it herself, my friend told the bank to check the cctv on the day the money had been withdrawn, check the signature and fingerprints on the withdrawal slip the fraudster had used

 

My friend produced his signature of the day of his withdrawal and asked the bank to compare with the fraudster signature, bank said both were different

 

To cut a long story short...............

 

My friend suspected hisr sister and her boyfriend to be involved, which proved to be true, since his sister admitted it to him and that her boyfriend had impersonated him at the bank and taken out my friends money.

 

My friends wants to take this further and make sure the individual who impersonated him at the bank is prosecuted, what can he do?, since the bank is not willing to take full responsibility

 

The bank have asked my friend to get a crime reference number, shouldn't the bank be doing this for him

 

The RBS staff have not been helpful, asking my friend to go to the police, shouldn't the bank be doing this?

 

Any advice appreciated, thanks

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The RBS staff have not been helpful, asking my friend to go to the police, shouldn't the bank be doing this?

No. The crime has been committed against your friend and it is he who should be reporting it to the police, not the bank.

The bank has paid out to an imposter, believing that the imposter was your friend. So the transaction has been carried out in good faith.

The imposter obviously had whatever the bank needed to reasonably believe him to be genuine.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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it make sense what your saying, I asked a friend at work who had a similar problem with Abbey bank, Abbey took control of the case, maybe it was a bit different

 

What are the chances of the fraudster being apprended and prosecuted?

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