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      If you are buying a used car – you need to read this survival guide.
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      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

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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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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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

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kennyh

kennyh

Posted
Posted

The redoubtable Mr Crow

denied that victory for the OFT implied there would be a deluge of litigation in other industries where cross-subsidies were common in pricing tariffs.

Any idea which areas of finance might be covered by this rather broad statement?

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/74382-sign-petition.html#post651454
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MARTIN3030

MARTIN3030

Posted
Posted

Well we are talking about the OFT here....who are privy to many things that we arent.

It would also be their remit to sort out any such deluges-perhaps theres a feeling that Mr Crows team will be deserving of a break after all this is sorted.....the customers of the banks will be best placed to decide if he has earned that at the end of it all !

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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MARTIN3030

MARTIN3030

Posted
Posted
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

 

 

Its not so recent-if you look at the terms and conditions supplied to Smith and look at the dates-its remarkable how many were changed not only on or around the time the OFT began its original investigations-but also to compliment the later rulings on common law in October.

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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Deso

Deso

Posted
Posted

Is it just me who has got a very bad feeling about all this?... I reckon its been decided already and guess who is guaranteed not to be fairly treated by all this....

27th April - Requested Statements

13th May - Received Statements:D

15th May - Preliminary request for £4780 sent.:D

16th May - Royal Mail confirm Letter received.:D

23rd May - Received Letter considering claim. :grin:

30th May - Letter Before Action sent. :D

10th July - Times Up!! FOS claim going in.

16th July - Measly 30% of claim offered as goodwill

17th July - Rejected offer letter sent

25th July - Acknowledgement of Reject Letter received

26th July - Screwed over by the OFT,Banks, FSA & FOS all in one go.:evil:

Never even felt it happen.

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MARTIN3030

MARTIN3030

Posted
Posted

We can only wait and see Deso-its in the hands of the Gods.

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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MARTIN3030

MARTIN3030

Posted
Posted

I dont have any problem associating them with Gods.....on the provisio of course that any rulings go our way.

If it goes the banks way-then I reserve my OWN judgment to amend the reference to GODS to something more befitting;)

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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yourbank

yourbank

Posted
Posted

For fear of CAGBOT.

I loved the exchange between Lady Hale and Crow QC. Very witty I think. Cannot mention where as it was not from the press reports :D

.

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

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MARTIN3030

MARTIN3030

Posted
Posted

You will recall there was quite a bit of wit in the main exchanges in 2008.

Still falls short of a Brown v Cameron session tho.:rolleyes:

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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yourbank

yourbank

Posted
Posted
You will recall there was quite a bit of wit in the main exchanges in 2008.

Still falls short of a Brown v Cameron session tho.:rolleyes:

Nah, can't remember last year except that I took one week off work and the bank got government money and the CEO resigned and the share price was almost as good as a chomp bar that I remember from my younger days. They were great.....chomp bars that is :D

.

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

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yourbank

yourbank

Posted
Posted
Errr no Martin it's in the hands of the doddery old lords pmsl :p

Don't forget the lady CG(no doubt she will not be indecisive :D)

.

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

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yourbank

yourbank

Posted
Posted
so wots happening with this case now?

Law Lords are considering their verdict which could come before the end of July(recess for the court) or October in the new Supreme Court.

.

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

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paulwlton

paulwlton

Posted
Posted

He said if the courts upheld the right of the OFT to scrutinise bank charges, then the charges might be deemed unenforceable for a time period dating all the way back to the 1990s.

That was because European Union regulations on unfair terms in consumer contracts had been introduced into UK law during that decade.

 

 

 

I assume this would be because the charges are unfair as opposed to penalties?.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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paulwlton

paulwlton

Posted
Posted
Yep. UTCCR started in 1995.

 

The customer must have entered into their banking contract after July 1st 1995 to fall under the scope of the regs........Just my luck.... March 1995.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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yourbank

yourbank

Posted
Posted
The customer must have entered into their banking contract after July 1st 1995 to fall under the scope of the regs........Just my luck.... March 1995.

But were your terms not amended during that period of time? Remember the terms being amended may come under UTCCR

.

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

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srfrench

srfrench

Posted
Posted

Sorry bud...incorrect.

 

The UTCCR is capable FROM 1995 regardless of whether you opened your account before or after that date.

 

So basically all charges and restitution can be claimed FROM 1995 onwards and not, say, 1994 or 1990?

 

Hope that clears that up. ;)

  • Haha 1

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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car2403

car2403

Posted
Posted
The customer must have entered into their banking contract after July 1st 1995 to fall under the scope of the regs........Just my luck.... March 1995.

 

I don't think so. The regs aren't retrospective, (so don't apply prior to enactment) but they will apply from the day they came in to force, regardless of when you entered the contract.

 

In short, any charges that were unfair after enactment of the regs will be recoverable. Put it another way, the Banks should have made sure that they complied with the regs when they were enacted. :rolleyes:

 

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paulwlton

paulwlton

Posted
Posted (edited)
I don't think so. The regs aren't retrospective, (so don't apply prior to enactment) but they will apply from the day they came in to force, regardless of when you entered the contract.

 

For protection under the regs the customer must have entered into the contract after 1st July 1995. I believe the customer isn't covered from the 1st July.

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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