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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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H.O.L Test case appeal. Judgement Declared. ***See Announcements***


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Thanks for pointing that out photoman. Will have a good read of that later on. :D

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Thought:

 

If the judgement is to be handed down on Thursday, then it is almost certain that the Banks lawyers have seen it already. I wonder if that contributed to the general tanking of bank shares yesterday?

 

just a thought

 

Dad

 

Your not suggesting that the banks old boy network would resort to insider dealing on the stock exchange are you? :rolleyes:

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2 days ago I had a direct debit paid out of my account without any funds in.... guess what no £39 charge... I called and asked why I wasn't charged you should have heard the lady on the phone she was very confused and thought I was asking to be charged..... she then put me through to somebody very quickly who never really gave me much of an answer... bearing in mind I am waiting for approx £300 of same charges from same account to be returned pending the case result..... I asked had they received the decision ..... she said no.

 

I dont like reading into things but it does appear the banks are back tracking rapidly and staff havent got all the answers just yet...... roll on thursday .....

 

anyone who works for the banks have any insider info???????????????

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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this wont happen for the simple fact is the goverment have already made a decision to remove the Freedom of Information Act ACT concerning NORTHERN ROCK and its data as being sensitive information,this will also effect the banks ALL BANKS from revealing sensitive information and since the GOVERMENT DECIDED TO CHANGE THE LAW this will set a precedent concerning the bank providing data in how they arrive at the charges,this has happened right under our noses and without so much as a whimper from joe public

 

imho

patrickq1

 

Good.......no info........they want to hide behind the FoI exemption.......then I'm gonna re-claim a squillion quid & let them prove different............estimated you understand:D

 

Seriously the only reason the Government would want to exempt NR is because it's a nationalised company those that aren't, like the other banks, ain't subject to the FoI

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This is from MSE's weekly email;

 

Bank Charges Result Thurs & 2,000,000 Thanks!

Bank Charges Test Case Result Due This Thur 24 April. The result of the Office of Fair Trading and Banks' court case will be handed down on Thurs. This will answer whether it’s possible bank charges can be unlawful under unfair contractual terms rules. If they can, the OFT must then say whether they are unlawful, which it’s likely to do.

 

I thought this wasn't a foregone conclusion, though? ;)

 

Can we make £2million in the next 24 hours? I'm off to the bar! :p (Maybe)

 

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GOVERMENT DECIDED TO CHANGE THE LAW

yes jon without legislation,well looks like the select committee are again coming back to this and also the transparancey they will from what i can gather be looking at more data from NORTHERN ROCK and just what was involved and the letters that the fsa knew about a crisis long before it hit the fan as did BoE and MR BROWN ,so he may have to face the select committee to explain this ,if it does happen it will be unprecedented,so i await the select commottee report on this ,as for banks i beleive they get the deciscion today as being the advance notice prommised so by this eve we may get to hear rumors but as we all know not to be beleived until we see it all in print and again their will be an appeal proccess so it aint over till the fat mamma sings

patrickq1

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Hi All

 

Have just read, on Martin Lewis' MSE site, that a decision from the Judge will come TOMORROW (24th April). This is what he's said -

 

" . . . Bank Charges Test Case Result Due This Thur 24 April. The result of the Office of Fair Trading and Banks' court case will be handed down on Thurs. This will answer whether it’s possible bank charges can be unlawful under unfair contractual terms rules. If they can, the OFT must then say whether they are unlawful, which it’s likely to do.

 

The impact on bank charges. If that happens the door for bank charge reclaiming should be reopened, hopefully with an easy system so people can get their money back. . . ."

 

Very much hope that he is right!

 

All the best - Adam.

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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I also heard the Judge.........is going to order the banks refund the charges just before going on his hols.........so as to avoid the wrath of the bankers...........Of course not...a rumor......is a rumor.......is a rumor...on the otherhand.......if it's true;)

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I also heard the Judge.........is going to order the banks refund the charges just before going on his hols.........so as to avoid the wrath of the bankers...........Of course not...a rumor......is a rumor.......is a rumor...on the otherhand.......if it's true;)

 

Maybe he has a claim pending too and he wants the money back before his holiday to use as spending money while he is there :)

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i hope so,then some un elected bod can get it stuffed up his a** NORTHERN ROCK should have been left to go bust ,and if one thing is for sure it would bring down this goverment and possibly cause a landslide throughout the banking industry as most of them are relying on the secret deals for finance from the BoE and they would have to come clean as it is no one has been transparent to date concerning figures all of this happened through creative accounting if you go back 5 years barclays have made in exces of 65bil yet they have no cash HALIFAX cannot even lend money on small loans upto 5 thou so it looks like halifax are sailing close to wind how many more,,,,,,

patrickq1

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i hope what martin says is true. last i heard judge said that his ruling would make history whether that means we win or banks win i can only guess, also the banks wanted more time to think any decision against them over, maybe the banks have won if results are published on thursday. which ever way it goes we could lose out, if banks win we have to stop claiming and accept what ever they want to charge, if banks lose we could have to pay for all transactions done with the banks. only time will tell.:???:

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The Judge said his announcement would be made on a Friday so the banks had the weekend to prepare so there must have either been a change of heart or the banks have known since last week!

 

Not quite the case - the judge agreed to give both sides 48 hours prior knowledge of his judgement - so the banks do actually know as do the OFT and will have known from yesterday

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Roll on Midday

 

By then the news should have a full grasp

 

Fingers crossed folks

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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I joked with abbey today about another bank needing a loan to pay off bank charges and the girls behind the counter laugh and said Abbey had enough to pay the charges, not that they didn't know or that they were not going to pay....

 

She got a black look from her boss, and looked down quickly....

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