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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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If all these charges are 'fees' to help pay for current accounts, could we, as accoutn holders, charge banks a 'fee' when we have to trek all the way to a cash machine to draw out cash as we have to incur excess costs in making these trips, petrol, wear and tear on the car, shoe leather....?

Welshwizard QC (Quite Content):rolleyes:

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Jonathan Sumption QC, for the banks, said if the previous ruling in favour of the OFT was upheld, the banks would face a deluge of litigation with claims going back many years.

 

o.gif

 

"That prospect is appalling," he said.

 

In the words of Battery Sergeant Major Williams - "Oh Dear. What a shame. How sad"

 

Els

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so if the payments or part payments are simply gestures of goodwill. if and when we eventually win this case will we be able to claim in full again and not take into account the gesture of goodwill free money the bank has already paid people. as it has never been stated that the gesture was for the refund of charges???

 

just a thought

Mmmmmmmmmmmm i like your thinking.......................if only eh? ;)

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POSTED BY YOURBANK:

 

"Vos also admitted his previous (april 08 comments about foregon interest not being part of the price and said it was irrelevant anyway - so feck knows why they bought it up yesterday"

 

 

Could somebody please post up what this refers to?

 

ie: is it regards to interest that the consumer has had debited or foregone as a result of these charges ?

 

Pretty please... ??

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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I think there were some posts removed early on in the thread which makes it appear longer than it actually is.

 

nice in Room 101 ?

.

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

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THANKS YB,

 

But still doesn't quite answer my question ?

 

YB (or anyone else):

 

What were Vos' original comments on foregone interest ?

 

(precis, or a link will do)

 

Thanks

Edited by Rooster-UK
Quote removed

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Its on the link PM

 

I don't understand much of it but these are extracts.

 

 

[extracts removed as not allowed to name the source]

Edited by yourbank

.

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

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There was a question on the site a short while ago concerning petitions to the Government. Here is a link which may be of interest to Cag users or maybe a joint effort, as I noticed the petitions are fragmented.

 

Number10.gov.uk click on:-

 

1.Communicate

 

2.E-Petitions

 

3.Click No 10 E-Petitions

 

4. Create petitions, go into Search petitions box and type Bank Charges

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Its on the link PM

 

I don't understand much of it but these are extracts.

 

 

this part from original hearings

 

lead QC for Nationwide, Geoffrey Vos, stated on the subject of the cost of personal current accounts ''And what is the price? Well, my Lord, the price is broadly free for the credit customer, except of course we retain the difference between the interest rate that we give the credit customer and whatever commercial interest rate we are able to achieve on the money deposited, and that can be regarded as part of the price.''

 

 

soo....

 

Originally Vos was making out that "free banking" was actually being financed by the interest foregone by those in credit (in an obvious attempt to deflect any accusations that "free banking" was actually being financed by such charges).

 

Now... he is denying this ??

 

So, HOW is he now proposing that "free banking" is actually being financed?

 

If he is now asserting that its' not being financed by interest foregone by the minority with credit balances, and they also still maintain that its' not being financed by these charges...

 

...then how ??

 

 

.... fairy dust perhaps ??

 

.. or are they just so generous that they are picking up the tab themselves ?

 

IMHO, he has now opened himself back up to the possibility of the original accusation, and/or have to explain why those good enough to actually keep their accounts in credit are receiving such poor rates.

 

 

 

I hope some of the lords pick up on this, and ask for an explanation as to how "free banking" really is actually financed !!

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Thanks for the update, not been on here much lately but have tried to keep up with this thread ;)

 

will donate soon

 

Sandy xx

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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Photoman.

 

Vos is saying it is irrelevant rather than denying it. It will be clearer when we get the Transcripts.

[extracts removed as not allowed to name the source]

 

 

 

 

Edited by yourbank

.

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

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The Cruikshank reports into smes was a good one to pull out of the bag.

Although there were strong assertions that the sme charges subsidised personal accounts

  • Haha 1

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Having just read some aticle on the BBC regarding todays HoL's hearing I was surprised to see some of the comments by the OFT's QC. I think that the courts/OFT/banks together wanted to sort this all out. Well, okay probably not the banks.

One of the main problems regarding the courts was the unassailable mounting number of clims that they are neither designed to cope with or capable of doing. I read the BBC article that suggests 'lower' courts might need to deal with certain circumstances. Well, if that became reality then the whole of this OFT action would be a rather anti climax. In fact reading between the lines one could assume lots of 'secret' chat has been developing and fees would still be applicable from whenever. It would also be awful to think the HoL would consider problems for the banks when their ruling is on legal fairness.

I wait for more.

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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Its very open ended.

Lets take the scenario which followed the OFT investigation into credit card charges,and resulted in the £12.00 fee being agreed all round-since it is not statute law then neither can be any agreement that may come from this one.

Thats the point thats being made here-the Courts will still be burdened with deciding on those cases that are in the system-we havent been given anything to show otherwise.

Back to square one then ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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right so does this mean we wont get anything after all this wait?

when does this end?

 

I think earlier in the thread it was mentioned the probably decision by the HoL will not be for a month or two once final arguments are made.

 

I still keep wondering why all the banks seem to have changed anything they class as a charge to being called 'Default Charges' both with current accounts and credit cards?! Probably they've known something long ago that we all nothing about yet?

 

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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