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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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Hi Car2403,

 

Sorry was this directed at me?

 

TheyrCriminals

 

No - I was asking if there was an update from anyone?

 

The Griffin was the thingy that was in the Midland adverts

 

See above(that one might take car2403 back a bit ;) )

 

Aye, it does. I have a tear in my eye...

 

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The banks have until 26 March (Thursday after next) to "apply" to HOL to consider allowing a further appeal the twice lost case! (Despite the fact The Master of the Rolls suggested they might be wasting their time in this application.)

 

If they are playing the time game they have nothing to lose by delaying until the last minute in this matter.

 

Ask me why they are torturing the charge claimants in this way I can give you £14million reasons every day in saved repayments and interest, so why wouldn’t they?

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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Aye, it does. I have a tear in my eye...

 

You've found another 'Hardship' case then car2403 ?? :(

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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If they are playing the time game they have nothing to lose by delaying until the last minute in this matter.

 

Well, they have agreed to deal with this as expeditously as possible, haven't they? :eek:;):rolleyes:

 

You've found another 'Hardship' case then car2403 ?? :(

 

I'm not sure the Griffin would turn up to the application to lift a stay hearing though, would he? I'd also have to seek release from that Car Company he's working for now, even if he would.

 

:mad:

 

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Hi Guys,

 

Does anybody know what on earth is going on with Royal Bank of Scotland's/Natwest's penalty ruling against them. This was massive news and if they aren't going to appeal then surely stays can be lifted as far as charges applied between 2001-2003, surely this can now be dealt with by the Court in light of an absence of the bank appealing. For business claimants of RBS/Natwest this is extrmely important. I have scoured the net and other sources and can find nothing, does anybody know what is going on?

 

TheyrCriminals

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This thread is quite long so can I add a couple of questions to the above one.

 

I got this email back from HoL yesterday which looks like the slime are going to be true to their word (I was still hopeful they wouldn't!)

 

Your e-mail has been forwarded to the Judicial Office.

 

Please be advised, this appeal has not yet formally been lodged at the House of Lords, although the parties have made enquiries on the House of Lords appeal procedures. I believe it is due to be lodged later this month.

 

Regards

 

Does anyone one know how long it would take to be considered, and how long before it is lobbed out?.

 

Or, if allowed, how long we might be looking at?.

 

And can they still go to Europe if it's accepted or not? I figure so on that one, they've long given up on having any shame.

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Ask me why they are torturing the charge claimants in this way I can give you £14million reasons every day in saved repayments and interest, so why wouldn’t they?

 

I would think that for everyday that passes the collective interest on stayed claims must be growing by thousands each day. The longer they drag it out the more they will have to pay out.

 

My claim is now just over a grand more than what it was when I orignally claimed due to interest.

23/02/07 Request for payment sent (hand delivered to my local branch)

08/03/07 Standard Letter from Barlclays saying they are looking in to my complaint received

13/03/07 Letter before action sent (hand delivered to my local branch)

27/03/07 Partial offer of £1255 received

29/03/07 MCOL submitted

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This thread is quite long so can I add a couple of questions to the above one.

 

I got this email back from HoL yesterday which looks like the slime are going to be true to their word (I was still hopeful they wouldn't!)

 

 

Does anyone one know how long it would take to be considered, and how long before it is lobbed out?.

 

Or, if allowed, how long we might be looking at?.

 

And can they still go to Europe if it's accepted or not? I figure so on that one, they've long given up on having any shame.

it's 8 weeks for them to decide if there are grounds for a further appeal.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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it's 8 weeks for them to decide if there are grounds for a further appeal.

And then how long can the appeal drag on for?

HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)

Paid in full in March 07

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.... The European Courts of Justice, The World Courts for Finance, The Financial Institution for Farce and finally The Intergalactic Banking Federation - Sorry I just could not resist. We need a tinge of humour in this absolutely desperado manner in which the places we are supposed to trust continue in their to attempts to cheat us all. The one consolation is that Financial Institutions, in the end will never be looked at again in the same way by the general public!

My views anyhow.

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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I would think that for everyday that passes the collective interest on stayed claims must be growing by thousands each day. The longer they drag it out the more they will have to pay out.

 

My claim is now just over a grand more than what it was when I orignally claimed due to interest.

 

 

 

The interest factor could persuade them to accept the appeal courts decision.

 

If everyone claimed compounded interest then the Banks little nest egg of interest would not hatch.

 

Oh! hang on -Just a thought - Whats the difference between criminals who have their assets frozen from illegal gains and Banks holding onto Charges?

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Hi Guys,

 

Does anybody know what on earth is going on with Royal Bank of Scotland's/NatWest's penalty ruling against them. This was massive news and if they aren't going to appeal then surely stays can be lifted as far as charges applied between 2001-2003, surely this can now be dealt with by the Court in light of an absence of the bank appealing. For business claimants of RBS/NatWest this is extrmely important. I have scoured the net and other sources and can find nothing, does anybody know what is going on?

 

TheyrCriminals

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Excellent Question TC.

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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Does anyone one know how long it would take to be considered, and how long before it is lobbed out?.

 

8 weeks is the time in which the house of Lords will take to decide whether to allow an appeal

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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The interest factor could persuade them to accept the appeal courts decision.

 

If everyone claimed compounded interest then the Banks little nest egg of interest would not hatch.

 

Oh! hang on -Just a thought - Whats the difference between criminals who have their assets frozen from illegal gains and Banks holding onto Charges?

 

My point on £14 million aday is that the banks are SAVING this amount by dragging their feet thats 7 days a week it equates to £2.5million per banking hour based on a 5 day week at 8 Hours a day.

 

My theory is based on the fact that people who have not registered their claim today will not be provided with data for this day six years ago when they make a DSAR as Banks are likely to destroy the copy statements for this day six years ago.

 

Add this to the fact that there will be a cut off for claims in February 2012.

 

Every days a bonus "mr Goodwin"

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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Time statute.

 

The banks have tried it on in a damage limitation basis suggesting that charges can only go back six years to which we respond (edit)off nobody realised that the charges were anything more than the cost of administration until the OFT announced their findings on credit cards in February 2006.

 

So six years after that people (idiots?) who have not yet claimed by February 2012 will find the banks saying "a reasonable person would have known that these charges were claimable in Feb 2006 so every thing before then is time statute barred".

 

So until Feb 2012 we can get charges back as far as they can provide records for after then its 6 years back tops!

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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Oh, I see what you mean.

 

I don't think it would make any difference. Ever since we started our little consumer revolt, the banks have been shredding paperwork as soon as it hits the 6 years so that they can say hand on heart they don't have anything going further than that, so unless people have kept their statements (and there's an argument for not shredding anything, btw), they won't be able to do anything about it anyway. That's even if people were willing to test the Limitations Act anyway, which I suspect the vast majority won't.

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what if i have statements going back to 1998.... if i was "made Aware" by the OFT and the Test Case in feb 06.... can i then claim back charges to feb 2000 ?????

 

i put my claim in to the bank in Nov 06 but can i ammend it to include everything that i have paper proof of???

 

my claim is not with the Courts.

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what if i have statements going back to 1998.... if i was "made Aware" by the OFT and the Test Case in feb 06.... can i then claim back charges to feb 2000 ?????

 

i put my claim in to the bank in Nov 06 but can i ammend it to include everything that i have paper proof of???

 

my claim is not with the Courts.

The test case wasn't in Feb 06, it started in July 07 and is still ongoing.

 

In APRIL 2006 (NOT February), the OFT published a report on credit cards and credit cards only, and stated that they felt that the same brush could be applied to bank accounts (to the howl of fury from the banks :-D) and overdraft charges.

 

The Limitations Act runs from when you lodge your claim at court and not before, with the exception of claims lodged before the test case got started and subsequent ones, on which the clock got stopped pending the ending of the test case. People who wait on the outcome of the test case and then think they'll be able to go back further than 6 years will have to rely on s.32 of SOLA 1980 and convince a judge that statute-barred shouldn't apply under this.

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ok i understand that. so i put my claim into the bank in Nov 06 and they stopped dealing with my complaint in july 07 due to the test case. my complaint is still in the banks hands. am i safe under the waiver from the FSA to continue chasing charges back to Nov 2000 up until today??

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The test case wasn't in Feb 06, it started in July 07 and is still ongoing.

 

In APRIL 2006 (NOT February), the OFT published a report on credit cards and credit cards only, and stated that they felt that the same brush could be applied to bank accounts (to the howl of fury from the banks :-D) and overdraft charges.

 

The Limitations Act runs from when you lodge your claim at court and not before, with the exception of claims lodged before the test case got started and subsequent ones, on which the clock got stopped pending the ending of the test case. People who wait on the outcome of the test case and then think they'll be able to go back further than 6 years will have to rely on s.32 of SOLA 1980 and convince a judge that statute-barred shouldn't apply under this.

 

Can you clarify that with reference to the FSA Waiver on Bank charges because that seems to infer perhaps, that claimants(excl. Statute of limitations act s.32) can only go back 6 straight years from the date that they put their case in court. At the moment the claim starts 27th July 2001(excl. SOL, s.32) on FSA Waiver inclusive claims at the bank.

 

Prangers---the answer is yes.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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