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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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I can't believe they said this...


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After successfully receiving 2 weeks ago all of the charges detailed in my first letter (sent a month ago), I had to remind them via another "prelim" letter that I still required the repayment of several charges taken in the last month.

 

Well... Today I received an interesting secure message...

 

I've arranged for a refund of the £xxx to your account. I've also cancelled the pending charges, totalling £x, due to be removed on xxx xx.

 

The charges applied to your account have resulted from breaches of our terms & conditions. I need to let you know that, if future requests for the return of charges are received, we might need to consider a review of your banking facilities in light of this.

 

A threat - but it is an empty one - can they do this?? I was just getting geared up to go after the charges on my Smile VISA.

 

What do you think? Maybe I should leave it there. I think I do want to continue to bank with Smile.

 

Trianglehead.

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"Banking facilities" can mean a lot of things, surely? It may simply mean that they might withdraw your overdraft facility, for example.

 

Having said that, when I was with smile I received similar messages that I found slightly patronising. This is one of the reasons I left Smile (primary being their charges!).

 

It could be an empty threat. On the other hand, if you do complain about charges again they might simply refer to their terms and conditions and close down your account. It's hard to know!

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After successfully receiving 2 weeks ago all of the charges detailed in my first letter (sent a month ago), I had to remind them via another "prelim" letter that I still required the repayment of several charges taken in the last month.

 

Well... Today I received an interesting secure message...

 

I've arranged for a refund of the £xxx to your account. I've also cancelled the pending charges, totalling £x, due to be removed on xxx xx.

 

The charges applied to your account have resulted from breaches of our terms & conditions. I need to let you know that, if future requests for the return of charges are received, we might need to consider a review of your banking facilities in light of this.

 

A threat - but it is an empty one - can they do this?? I was just getting geared up to go after the charges on my Smile VISA.

 

What do you think? Maybe I should leave it there. I think I do want to continue to bank with Smile.

 

Trianglehead.

 

Alliance and Leicester have been closing accounts, and the advise is always to open a parachute account just in case. This is the first time that I have heard of threats from smile, but I think we need to wait and see what they have in mind before deciding what steps to take next.

 

As to whether they can do it, no they shouldn't. Then again they shouldn't dish out penalty charges, but they do.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

i sent them a secure message about the outstanding charges, and recieved a standard reply by letter a week later so have to start from scratch again.

 

at least you got your additional charges back straight away. :(

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